Terms & Conditions

I. INTRODUCTION

IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU REGISTER FOR AND USE TATA MOTORS PASSENGER VEHICLES iRA APPLICATION SERVICES (“THE SERVICES”). THE SERVICES ARE OPTIONAL IN NATURE AND CUSTOMER DISCRETION IS WARRANTED ON THE TERMS AND CONDITIONS. YOU CAN REGISTER FOR THE SERVICES THROUGH YOUR MOBILE DEVICE BY DOWLOADING THE APPLICATION “TATA MOTORS iRA” FROM THE APPLICABLE ONLINE STORE. BY REGISTERING FOR THE SERVICES, YOU WILL BE TAKEN TO BE ABOVE THE AGE OF 18 YEARS, HAVING READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS IN THE SAME WAY, AS IF, YOU HAVE SIGNED A PRINTED VERSION AND YOU WILL BE BOUND BY THESE TERMS AND CONDITIONS WHICH WILL CONTINUE TO APPLY EVERY TIME YOU USE THE SERVICES ON YOUR MOBILE DEVICE.

In these terms and conditions, ‘we’, ‘our’ and ‘us’ mean TATA MOTORS PASSENGER VEHICLES LIMITED (“TMPVL”), having its registered office at “Floor-3,4, Plot-18, Nanavati Mahalaya, Mudhana Shetty Marg, Fort, Mumbai 400001”' and shall include its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers and ‘customer’, ‘you’ and ‘your’ means the individual who is using the Services either as an owner of a TATA MOTORS PASSENGER VEHICLES LIMITED vehicle or under the authorisation of such owner of TATA MOTORS PASSENGER VEHICLES LIMITED vehicle . These terms and conditions apply to your use of the TATA MOTORS PASSENGER VEHICLES iRA Application Services, and any information contained therein. If you do not agree with any of the terms and conditions set out herein, and if you have already installed TATA MOTORS PASSENGER VEHICLES iRA Application Services’ software/ Tata Motors iRA application (the “Application”), you should not use the Services and should uninstall the Application from your mobile device. Your acceptance of these Terms and Conditions form the Legal Agreement between you and us. We license the use of the Services and the Application to you on the basis of these Terms and Conditions and subject to any rules and policies applied by the relevant mobile phone application provider from whose site (“Online Store”) you download the Application.

II. SERVICES:

Under the Services, the vehicle owner’s Application shall focus on providing functionality covering feature areas like, but not limited to-

1. Safety & Security: Safety and security features pertaining to individual and/or vehicle.
2. Navigation: Assistance for vehicle navigation
3. Remote Control: Controlling of some vehicle functions remotely
4. Infotainment & Social: Infotainment features within vehicle and platform for social engagement
5. Vehicle Management: Information related to service records and/or information related to vehicle health
6. Registering the necessary information and details of the owner of TATA MOTORS PASSENGER VEHICLES LIMITED vehicle for providing the owner with E-call Services.

The Application will be targeted for the iOS and Android platforms. Before you register for the Services you are requested to understand the functionality and features of the Application which is made available on the TATA MOTORS PASSENGER VEHICLES LIMITED website www.tatamotors.com. TATA MOTORS PASSENGER VEHICLES LIMITED at its own discretion may add or remove any feature, service or application.

III. Terms and Conditions for use of the Application:

1. License to the Application:

On your continuous compliance with and to be bound by the Terms and Conditions, we hereby grant and you hereby accept a limited, non-exclusive, non-transferable, non-assignable license to use the Application (which shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified at the time such update is made available) to access the Services from your mobile device, subject to these Terms and Conditions.

You understand, acknowledge and agree that:

1. You must be a TATA MOTORS PASSENGER VEHICLES LIMITED customer with a legally purchased TATA MOTORS PASSENGER VEHICLES LIMITED vehicle, or your use of the TATA MOTORS PASSENGER VEHICLES LIMITED vehicle is under an authorisation from the registered owner of the TATA MOTORS PASSENGER VEHICLES LIMITED vehicle.
2. The Application shall operate on mobile devices and operating systems that are authorized/recognized by TATA MOTORS PASSENGER VEHICLES LIMITED as being eligible to receive the Services.
3. You shall only use the Services and the Application solely and exclusively for your own personal, private, non-commercial use and on registered mobile devices belonging to you.
4. You shall at all times comply with (and your use of the Services and the Application will at all times be in compliance with) all applicable laws, rules and regulations, and you will not allow any other party to use the Services or the Application for or in connection with any illegal purpose or activity. The Application is intended to be distributed and used in India only and the Application is not intended for distribution or use by any person in any jurisdiction or country other than India.
5. You shall only use the Applications for the purpose of accessing the Services and for no other purpose whatsoever.
6. The Application is licensed only to you in accordance with the terms hereof and for the limited purposes set out herein.
7. You shall indemnify us in respect of any damages suffered by us and any losses or liabilities incurred by us as a result of any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, fees and expenses (including, without limitation, reasonable attorney fees and costs of any investigation) (collectively ‘the Claims’) from any third party in relation to any matters arising out of/or in any connection with: (a) your use of the Services, (b) your breach of or failure to comply with any of the Terms and Conditions, (c) your failure to comply with any applicable laws, rules or regulations, and (d) any negligence, bad faith, fraud or wilful misconduct by or on behalf of you.
8. Use of the Services (including the Application) is at your own risk and you are solely responsible for the use of any data, information or services obtained through the use of the Services. You shall only use the Application, when it is safe to do so. TATA MOTORS PASSENGER VEHICLES LIMITED shall not accept any responsibility for your failure to comply with safety regulations.
9. The Service is provided as a convenience to you. The information accessible through the Services is more limited than the information available with TATA MOTORS PASSENGER VEHICLES LIMITED, in electronic or hard form, and does not constitute an official record for the information to which it pertains.
10. You shall comply at all times with all technical and security requirements which we establish regarding the Services.
11. In the event that, you fail to comply with the Terms and Conditions or you are no longer the owner of a TATA MOTORS PASSENGER VEHICLES LIMITED vehicle, all rights granted to you in relation to the Application and the Services shall immediately come to an end and you will immediately uninstall the Application and destroy all copies of the Application. TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers shall not be responsible in any way for use of the Application by you after you cease to be an owner of the TATA MOTORS PASSENGER VEHICLES LIMITED vehicle.

You shall not:

1. Alter, modify, adapt or translate the whole or any part of the Application, or any other computer software made accessible to you or otherwise used by you to access and use the Services, or perform maintenance on the Application, nor will you duplicate, compile, disseminate, reverse engineer, disassemble, decompile, disable any features, or otherwise derive the source code for the Application, or any component of the Application, in whole or in part.
2. Merge or incorporate the Application or any component thereof into any other programs or create derivative works based on any component of the Application.
3. Use the Application in whole or in part or any confidential information relating thereto to create software that is functionally equivalent to the Application or any part thereof.
4. License, sublicense, sell, disseminate, broadcast, transmit, or otherwise distribute the Application or the Services 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 Application or the Services, or any part thereof, or information contained therein, to any other party.
5. Copy the Application or the information accessible through the Services onto any public or publicly accessible network, or make any additional copies of or reproduce in any way the whole or any part of the Application or the Services whatsoever;
6. Remove, tamper with any proprietary notices or labels, including copyright notices or data source attributions, attached to or contained within the Application or the Services.
7. Use or permit any other person to use the Application or the Services in any way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person or property.
8. Use or permit any other person to use the Application in any unlawful manner for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data into the Application or Service.
9. Infringe TATA MOTORS PASSENGER VEHICLES LIMITED’s intellectual property rights or those of any third party in relation to your use of the Application or Services (to the extent that such use is not licensed by these Terms and Conditions).
10. Cause damage, disable, overburden, impair to any of the websites, servers, systems or equipment used in the provision of the Service by TATA MOTORS PASSENGER VEHICLES LIMITED , and you may not access or attempt to access any user data or to penetrate any of the security measures relating to the Services; and will in all cases indemnify and hold harmless TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers from any and all claims in respect thereof.

2. Access:

You understand and agree that you shall be solely responsible for information entered through or electronically transmitted to us through the Services using your chassis number, registration number, engine number, sign-in password, email id, and/or mobile number, etc., (collectively referred as “Access Credentials”), and you accept that all such data transmission are undertaken at your own risk. Neither TATA MOTORS PASSENGER VEHICLES LIMITED, nor any of its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers are liable for any error made by you in entering any details when you use the Services. You agree that TATA MOTORS PASSENGER VEHICLES LIMITED shall be entitled to rely upon the information provided by you. You understand that once your chassis number, engine number, registration number, sign-in password, email id. and/or mobile number have been entered in a given session you will take all necessary precautions to prevent unauthorized access to your Application services account.

TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers may rely on information given or entered by you or anyone else using your Application services account, and you will be bound by any agreement entered into an act undertaken by TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers in reliance on such information and communication. Without limiting the generality of the foregoing, you will be responsible for all instructions received by TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers between the time you first pass the secured login procedure until the time you log-out of the Application. Please note that this includes any input errors sent by anyone else. Please do not leave your mobile device unattended while you remain logged into the Application and delete the password (if it remains saved as a functionality) after you have logged out.

You shall always keep confidential, and will take all necessary precautions to ensure the confidentiality and security of all your Access Credentials, including your chassis number, engine number, registration number, passwords, mobile number, access codes, personal identification numbers, other security code numbers, and the answers to any online security questions (personal verification questions) you may have chosen that allow you to sign-in to the Service (including Application), and will take all necessary precautions to prevent unauthorized access to the Services. You will NOT divulge your Access Credentials to anyone, including family members, friends, employees, bookkeepers or anyone else.

You shall NOT:

1. write down your Access Credentials.
2. Keep a poorly disguised record of Access Credentials .
3. Keep your Access Credentials together with your vehicles registration certificate or details of the chassis, registration number and/or mobile number
4. Save your Access Credentials in your mobile device.
5. Respond to text messages, pop-ups, emails or other internet requests that ask you to reveal personal information about yourself or your vehicle or your Application services account or usage details. WE WILL NEVER SEND YOU UNSOLICITED TEXT MESSAGES OR EMAILS ASKING FOR YOUR ACCESS CREDENTIALS. We will never ask you to validate or restore your account or your Application services account access through unsolicited text messages or emails. TATA MOTORS PASSENGER VEHICLES LIMITED and its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers shall not be made liable if in case any person misuses your Access Credentials, as the safekeeping of Access Credentials is solely your responsibility.

In the event that you suspect or immediately upon becoming aware that someone else knowns or may have unauthorized access to your Access Credentials, or in the event of any other attempted or actual unauthorized access to the Services, or the loss, theft, misuse or compromise of any of your Access Credentials, you will immediately change your credentials or notify TATA MOTORS PASSENGER VEHICLES LIMITED on irasupport@tatamotors.com or any of its authorised third party service provider. In any event, TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers shall not be responsible for your use of the Application or your Access Credentials, including but not limited to unauthorized access and use of the Services on account of loss, theft, misuse, sale etc. of your mobile device.

You shall review the information shared by you on a regular basis and report any errors in a timely manner. You will notify TATA MOTORS PASSENGER VEHICLES LIMITED or its third party service providers immediately upon receipt of any communications of acts that were not placed by you or someone whom you have authorized to do in your account(s), and in the event that you do not receive confirmation for the acts that you did place

If you fail to take any of the actions described above, you will be liable for any unauthorized transactions on your TATA MOTORS PASSENGER VEHICLES iRA Application Services account confirmed by use of your chassis number, engine number, registration number, sign-in password, email id. and/or mobile. You agree to assist us in any investigation into improper access to your accounts.

3. Title:

You understand, acknowledge and irrevocably agree that you acquire no right, title or interest whatsoever in or to the Application or the Services, as either of them exist now or in future, and all ownership, rights, title, interest and the intellectual property rights in the Application and the Services, including, but not limited to, all trade names and any and all copyrights, patents, trademarks and service marks relating thereto, are and shall remain the property of TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers, to the extent applicable, and nothing herein shall be constructed as granting any rights therein to you.

Some of the components used in the Application are open source software and the intellectual property rights in them are owned by third party. Except in case of such open source software components, you acknowledge that you have no right to access any part of the Application in source-code form.

4. Disclaimer of Warranties and Availability:

You unconditionally acknowledge that it is not possible for us to provide the Services free from defects. The Services may be delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors, including technical reasons, for planned or unplanned maintenance or downtime or for any other reason. The Services may be adversely affected by the performance of and any outages on mobile device networks, or when you are not in an area of mobile coverage, or other factor beyond the control of TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers, and neither TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers will be liable thereof.

You understand and agree that the Services and the Application are provided ‘as is’ and ‘as available’, and all warranties, representation and guarantees, express or implied, are hereby disclaimed. Without limiting the generality of the forgoing, any and all warranties of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the Services or the Application will be free from defects, errors, viruses or harmful programs, or be of a satisfactory quality, are hereby expressly disclaimed.

Neither TATA MOTORS PASSENGER VEHICLES LIMITED, nor its affiliates, its subsidiaries, its authorized dealers, its licensors or its third party service providers make any warranty, representation or guarantees as to the accessibility, reliability, communication links, accuracy, truth, timeliness, or completeness of any Information, or data furnished through the Services, or that any information disseminated may be solely relied upon for doing any act or other purposes. You acknowledge that it is your responsibility to verify any information that you elect to use when taking any action.

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the provision of the Services and Application. Except as expressly stated in these Terms and Conditions, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the provision of the Services and Application which might otherwise be implied into, or incorporated in, these Terms and Conditions, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

5. Information:

We may provide information, including but not limited to, fuel consumption, emergency services, infotainment system for media, radio, audio setting, playlists, etc., driving habit and improvements, navigation and maps, etc., (collectively referred as the “Information”) to you under license from various exchanges and information providers. This Information is indicative only. You may not redistribute or re-sell any Information, which you obtain through the Application services account. All intellectual property owned by third parties in any information provided by third parties shall at all times remain the property of such third parties. Your use of such information is subject to the terms and conditions of each applicable third party or exchange data provider. We accept no liability for any information provided by third parties and make no representation and warranties that such information will be accurate or timely. The Services, the Application and all Information contained therein is and remains our property and/or the property of our third party licensors. The Information and record provided vide the Application / web site is solely for your personal reference, records and convenience. The Information shall not be circulated openly and you shall maintain the Information in a very restricted manner.

6. Account Activity:

Information and data placed through the Services will be reflected in the data maintained by TATA MOTORS PASSENGER VEHICLES LIMITED or its third party service providers. This Application only grants access to the records available in database of TATA MOTORS PASSENGER VEHICLES LIMITED and its third party service providers and that non-availability of records shall not put TATA MOTORS PASSENGER VEHICLES LIMITED and its third party service providers under any obligation/ liability.

IV. Provision of E-call Services:

TATA MOTORS PASSENGER VEHICLES LIMITED through its service providers provides ambulance services and emergency vehicle towing services to its customers in case of any emergency/accident faced by the customers (hereinafter known as “E-call Services”). Such E-call Services is made available to customers of TATA MOTORS PASSENGER VEHICLES LIMITED on 24*7*365 days’ basis. The E-call Services can be provided only to that customer who has purchased the TATA MOTORS PASSENGER VEHICLES LIMITED vehicle with the necessary software/hardware equipment feature configured to transmit emergency calls/SMS (“Covered Vehicle”). In the event you decide to avail or subscribe to the E-call Services then the rendering of such E-call Services shall be subject to the terms and conditions as hereinafter mentioned:-In the case of an emergency/accident faced by the customer, a call/SMS is generated automatically through the Covered Vehicle to the TMPVL’s or its service provider’s dedicated call centre. The call/SMS may also be generated manually by pressing the emergency button/switch by customer provided in the Covered Vehicle.

On receiving the call/SMS triggered through auto-crash/button press, service provider’s customer care would immediately contact the customer in order to assess the seriousness of the situation, provided the customer is in a stable state/conscious. Based on inputs given by the customer, service provider may dispatch emergency ambulance services if needed for transporting the customer to nearest hospital.

On the other hand, if the customer is unconscious or not reachable, then it will be presumed for such case as an emergency case and immediately ambulance services to the location of the customer will be dispatched. Service provider also immediately will inform your secondary contact/emergency contact, whose details you have shared with us at the time of registration (and have consented to share the same with the service provider for the E-call facility), about the accident and for carrying out other formalities (including obtaining police permissions, etc. for towing the Covered Vehicle). By providing TATA MOTORS PASSENGER VEHICLES LIMITED with personal data pertaining to your relatives, friends or any other third parties (secondary contact), you confirm and guarantee that you have received an appropriate consent from such secondary contact for the disclosure of such personal data to TATA MOTORS PASSENGER VEHICLES LIMITED for the purposes/ usages as set out herein.

You agree that in the event of any accident and or for deploying of emergency services, the judgment of service provider shall be final with respect to deciding the kind of ambulance service (whether with basic life support or advanced life support) to be dispatched to the accident or breakdown location of the customer. service provider shall make such judgment taking into consideration the best interest of the customer and other factors, and you shall not dispute such decision/judgment under any circumstance or for any reason whatsoever. Further, you agree and acknowledge that the E-call Services are currently available only in the following cities:

Category A:

Ambulance services will be given under municipal limits of these cities varying from 15-25 Km radius.

Category B:

Ambulance services will be given under municipal limits of these within 15 Km radius.

FOR AVOIDANCE OF ANY DOUBT, IT IS CLARIFIED THAT THE E-CALL SERVICES SHALL NOT BE AVAILABLE TO THE CUSTOMER IN ANY CITY THAT IS NOT COVERED ABOVE DESPITE THE CUSTOMER PURCHASING THE VEHICLE FROM A COVERED CITY MENTIONED ABOVE AND AVAILING FOR THE E-CALL SERVICES. FOR EXAMPLE, A CUSTOMER PURCHASES THE COVERED VEHICLE IN A COVERED CITY AND AVAILS THE E-CALL SERVICES BUT MEETS WITH AN ACCIDENT IN ANY NON- COVERED CITY THEN-THE E-CALL SERVICES ARE NOT AVAILABLE TO THE CUSTOMER AND TATA MOTORS PASSENGER VEHICLES LIMITED OR ITS SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY DAMAGES OR CLAIM WHATSOEVER IN THIS REGARD.

Under the E-call Services, TATA MOTORS PASSENGER VEHICLES LIMITED (through its third party service providers) also provides towing services to tow the Covered Vehicle met with accident from the accident location to the nearest TATA Authorised Service Centre (TASC)/ TATA MOTORS PASSENGER VEHICLES LIMITED dealer location. However, this towing service is subject to the Covered Vehicle having clearance/written permission from police and /or any other local government authority, and the responsibility of obtaining such clearance/written permission shall lie with you or your secondary contact, as the case may be. Neither TATA MOTORS PASSENGRS VEHICLES LIMITED nor its third party service providers shall be liable to obtain any permission on your behalf. TATA MOTORS PASSENGRS VEHICLES LIMITED or its third party service provider may also extend assistance in case where the Covered Vehicle is off-road or has fallen into a ditch/valley. The cost of extraction of the Covered Vehicle shall be solely borne by you. TATA MOTORS PASSENGRS VEHICLES LIMITED or its third party service provider’s role shall only be limited to coordinating/arranging for the extraction of the Covered Vehicle. Further, you understand that the Covered Vehicle might sustain certain consequential damages while extraction (as part of the extraction process) and you agree that such damage is acknowledged by you and neither TMPVL nor its service provider shall be liable for any such damages or claim whatsoever in this regard.

You understand and agree that TMPVL or its third party service provider shall provide the E-call services only in cases where the vehicle is broken down on a motorable gazetted, concrete or bitumen road.

You unconditionally acknowledge and agree that it is not possible for TATA MOTORS PASSENGER VEHICLES LIMITED or its service providers to provide the E-call Services free from any defects. The E- call services may be delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors, including technical reasons, errors due to malfunctioning of equipment or programs, traffic conditions, weather, police involvement, government actions, planned or unplanned maintenance or downtime, non- triggering or non- functioning of emergency call from the Covered Vehicle due to any defect or malfunction of equipment or programs fitted in the Covered Vehicle or for any other reason(s) whatsoever. The E-call Services may also be adversely affected by any outages on mobile device networks, or when the Covered Vehicle/customer not in an area of mobile coverage, or other factor beyond the control of TMPVL or its service providers. Therefore, the customer agrees and acknowledges that Tata Motors Passenger Vehicles Limited shall not be liable for any damages or claim whatsoever due to any failure or defect in providing the E-call Services for any reason mentioned above or otherwise and the customer specifically waives any of its claims against Tata Motors Passenger Vehicles Limited in this regard.

Further, by availing the E-call Services, you agree that you have read, understood and accepted the Customer Declaration Form attached herein under Annexure 1 which is deemed to be incorporated by reference to these Terms and Conditions.

The E-call Services will be made available to you upon purchase of the Covered Vehicle as part of your purchase, only for a period of first [●] 4 years from the date of your completion of registration of the E-call Services purchase of the Covered Vehicle subjected to the availability of an active data plan within the Covered Vehicle. Thereafter, if you wish to continue availing the E-call Services then you may do so by subscribing to such services and on such charges as may be prevalent at the time.

V. Termination and Modification:

You understand, acknowledge and irrevocably agree that TATA MOTORS PASSENGER VEHICLES LIMITED through its authorised representatives may in its sole discretion, at any time:

1. Modify any part of the Services/E-call Services and/or change the Terms and Conditions upon which the Services/E-call Services is provided to you.
2. Update the Application which is issued through online store and a notification to the device upon which you have installed the Application. Depending on the update, you may not be able to use the Application until you have downloaded the latest version of the Application and accepted any new terms.
3. Change or modify the Application under the following circumstances: - Where there is a regulatory change or a change in laws which required changes to the Application; and/or
   - To amend functionality and to make improvement to the Application
4. Discontinue or terminate the Services/E-call Services in part or in its entirety.
5. Without prior notice terminate or otherwise limit your access to the Services/E-call Services at any time for any reason, including, without limiting the generality of the foregoing, in the event that we believe that you are in breach of or have failed to comply with any of the Terms and Conditions or in the event that we believe that you are using the Services/E-call Services illegally, fraudulently or improperly, in which event all rights granted to you hereunder shall immediately cease without notice to you. Termination of your access to the Services/E-call Services shall not alleviate any continuing or unfulfilled obligation which you may have under the Terms and Conditions.

VI. Important Limitation on Liabilities:

Your sole and exclusive remedy against TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers for TATA MOTORS PASSENGER VEHICLES iRA Application Services account with respect to these Terms and Conditions, the Services/E-call Services, the Application and any information and any errors, inaccuracy, omissions or delay therein or thereof, shall be limited to the issuance of corrected information as soon as reasonably practicable following TATA MOTORS PASSENGER VEHICLES LIMITED’s receipt of written notice of such problem from you.

You acknowledge that the Application has not been developed to meet your individual requirements and that it is therefore your responsibility to ensure that the requirements of the Application are satisfied.

YOU UNCONDITIONALLY ACKNOWLEDGE THAT THE SERVICES/E-CALL SERVICES AND THE APPLICATION UTILIZE COMPLEX COMPUTER AND TELECOMMUNICATIONS NETWORKS AND THAT, AS SUCH, CONTINUED, UNINTERRUPTED AND ERROR FREE ACCESS TO THE SERVICES/E-CALL SERVICES AND/OR THE APPLICATION CANNOT BE GUARANTEED. IN LIGHT OF THE FORGOING, NEITHER TATA MOTORS PASSENGER VEHICLES LIMITED, ITS AFFILIATES, ITS SUBSIDIARIES, ITS LICENSORS, ITS AUTHORIZED DEALERS NOR ANY OTHER THIRD PARTY SERVICE PROVIDERS SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE, DIRECT OR INDIRECT, WHICH MAY ARISE OUT OF ANY OBLIGATION OF TATA MOTORS PASSENGER VEHICLED LIMITED OR ITS AFFILIATES OR ITS SUBSIDIARIES OR ITS LICENSORS OR ITS AUTHORIZED DEALERS OR OTHER THIRD PARTY SERVICE PROVIDERS UNDER THE TERMS AND CONDITIONS HEREIN, FROM ANY OUTAGE, INTERRUPTION, DISCONTINUATION OR DELAY IN THE SERVICES/E-CALL SERVICES OR THE APPLICATION OR ANY PART THEREOF OR ANY ERROR CONTAINED THEREIN, OR FROM ANY OTHER NON-PERFORMANCE, DEFECTIVE PERFORMANCE OR LATE PERFORMANCE DUE TO ANY CAUSE WHATSOEVER, INCLUDING ERRORS DUE TO MALFUNCTION OF EQUIPMENT, PROGRAMS OR OPERATIONS OF TATA MOTORS PASSENGER VEHICLES LIMITED, ITS AFFILIATES, ITS SUBSIDIARIES, ITS LICENSORS, ITS AUTHORIZED DEALERS OR ANY THIRD PARTY SERVICE PROVIDERS, OR NEGLIGENCE OF TATA MOTORS PASSENGER VEHICLES LIMITED, ITS AFFILIATES, ITS SUBSIDIARIES, ITS LICENORS, ITS AUTHORISED DEALERS OR THIRD PARTY SERVICE PROVIDERS, OPERATORS OR PROGRAMMERS. IN NO EVENT SHALL TATA MOTORS PASSENGER VEHICLES LIMITED, ITS AFFILIATES, ITS SUBSIDIARIES, ITS LICENSORS, ITS AUTHORIZED DEALERS OR ANY THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF LIFE, LOSS OF USE, LOSS OF DATA, LOSS OF OPPORTUNITY, HOWSOEVER CAUSED, RELATED TO, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, RELIANCE ON, OR INABILITY TO ACCESS OR USE THE SERVICES/E-CALL SERVICES, THE APPLICATION OR THE INFORMATION, OR FOR ANY DELAY IN OR FAILURE OF TRANSMISSION OF ANY INSTRUCTIONS OR NOTIFICATIONS SENT TO US THROUGH THE SERVICES/E-CALL SERVICES EVEN IF SUCH PARTY KNEW, SHOULD HAVE KNOWN OR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VII. General:

These Terms and Conditions will be governed by and constructed in accordance with the laws of India. You agree that only courts at Mumbai will have exclusive jurisdiction for the determination of any matters arising out of these Terms and Conditions. This Application is for citizens of India only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers as a result of these Terms and Conditions or use of this Application. TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers’ performance of this Services/E-call Services (including Application) is subject to existing laws and legal process, and nothing contained herein is in derogation of TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Application or information provided to or gathered by TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, or its authorised third party service providers with respect to such use. Performance of any obligation hereunder by TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers shall be excused if prevented by including but not limited to acts of god, public enemy, fire or other casualty, labour dispute, communications, computer, software, hardware or equipment failure, act or omission of any market centre, utility, communications service, common carrier, internet or network access or backbone provider or information provider, or any other circumstances beyond TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers’ reasonable control. Telephone calls, use of the Services/E-call Services and communication between us and you, via messaging or any electronic mode including via email, WhatsApp, etc. may be recorded. These recordings will be our sole property and may be used for training and commercial purposes or as evidence in the event of a dispute. The Application shall be used/operated only by the registered owner of a TATA MOTORS PASSENGER VEHICLES LIMITED vehicle or by a person doing so on directions of the registered owner of TATA MOTORS PASSENGER VEHICLES LIMITED vehicle. Any person using the Application on behalf of the registered owner of a TATA MOTORS PASSENGER VEHICLES LIMITED vehicle shall be presumed to be working under direct authority of such owner. All acts done by any such person shall be deemed to be done by the registered owner himself and that all such acts shall be entirely at the account/ responsibility of the registered owner. If you have any queries in relation to the Terms and Conditions or the Services/E-call Services, please contact us at irasupport@tatamotors.com. If any provision of this Agreement is declared to be invalid or unenforceable under any applicable law, the validity or enforceability of the remaining provisions contained herein shall not be affected in any manner whatsoever, and any such invalid or unenforceable provision shall be deemed to be severable and ineffective only to the extent necessary to render the remaining portion of these Terms and Conditions valid and enforceable. Your obligations under these Terms and Conditions will continue to survive on discontinuation or termination of the Services/E-call Services (including the Application).. If we fail to insist that you perform any of your obligations under these Terms and Conditions, or we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a breach of these Terms and Conditions by you, we will only do so in writing and that will not mean that we will automatically waive any later breach by you. You acknowledge and agree that you have read and understood, and agree to be bound by, the Terms and Conditions, including, without limitation, the provisions herein that limit the liability of TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers for damages, including, without limitation, damages caused by, arising from or in connection with technical errors affecting the Services/E-call Services. You and we have expressly requested that these Terms and Conditions and all related documents, including notices, be drawn up only in English language.

These Terms and Conditions form a contract between you and us in respect of the Services/E-call Services. For your own benefit and protection, you should read the Terms and Conditions set out herein carefully before you start to use the Services/E-call Services. All the trademarks and copyrights with respect to the Services/E-call Services and the Application are owned by TATA MOTORS PASSENGER VEHICLES LIMITED.

VIII. Privacy Policy:

This Clause covers TATA MOTORS PASSENGER VEHICLESLIMITED statement of privacy (“Privacy Policy”). At TATA MOTORS PASSENGER VEHICLES LIMITED, we take your privacy seriously, therefore, we conduct our business in compliance with applicable laws on data privacy protection and data security. Please read the following to learn more about our Terms and Conditions.

1. What the Terms and Conditions cover:

This covers TATA MOTORS PASSENGER VEHICLESLIMITED treatment of personally identifiable information that TATA MOTORS PASSENGER VEHICLES LIMITED collects when you voluntarily choose to provide us at the time of use of the Application services account and/or when you use our Services/E-call Services. The policy also covers TATA MOTORS PASSENGER VEHICLESLIMITED treatment of any personally identifiable information that TATA MOTORS PASSENGER VEHICLESLIMITED share with you. This policy does not apply to the practices of Companies that TATA MOTORS PASSENGER VEHICLES LIMITED does not own or control or TATA MOTORS PASSENGER VEHICLES LIMITED does not own, employ, or manage.

The core objective of this Privacy Policy is to bring to your knowledge the nature of personal data collected by us, the purpose of collecting such data and its use, subsequent processing of such data and your rights pertaining to such personal data shared with us. This Privacy Policy further sets out your rights pertaining to the protection of your personal data. This Privacy Policy describes the information that TMPVL collects through this Application, how that information is used, maintained, shared, protected and how you can update it.

2. Information Collection:

Personal data or personally identifiable information refers to data that lets TMPVL know the specifics of who you are and which may be used to identify, contact or locate you (e.g. name, age, gender, mailing address, telephone number and e-mail address). TATA MOTORS PASSENGER VEHICLES LIMITED collects personally identifiable information, using the Open Authentication method through your account when you register for the Application services account, when you choose the Services/E-call Services and promotions. TATA MOTORS PASSENGER VEHICLES may also receive personally identifiable information from our business partners. When you are registering/registered with Application services account, we may ask you for relevant personal data such as your name, address, birth date, anniversary date, occupation, PAN, email address etc. and also collect your IP address, location data, information about your mobile device etc. TMPVL may also ask you to provide relevant personal data of your family, friends, relatives or any third person to avail certain Services/E-call Services. Once you register with TATA MOTORS PASSENGER VEHICLES and sign-in to our Services/E-call Services, you are not anonymous to us.

In addition, TMPVL collects personal data about you when you interact with the Application and/or utilize Services/E-call Services offered on this Application. For example:

• We may use a third party service provider to assist us with some features of our Application. Our service provider will receive your information on our behalf and will not be permitted to use it for any other purpose.
• We may also ask you for personal data in connection with other interactions you have with this Application, including when you answer a survey and when you report a problem with Application or Services/E-call Services offered.
• We also collect personal data from third parties such as our partners, service providers and publicly available websites, to offer services (including Services/E-call Services) we think may be of interest and to help us maintain data accuracy, provide, and enhance the services (including Services/E-call Services).
• Payment information including credit/ debit card details, bank account number, bank account type, bank names, etc. may be collected by our associated payment gateways. Such data shall be used solely for processing your transactions.
• Vehicle details including model, year, colour, vehicle registration number and selling details which includes invoice particulars, warranty details, dealer name and year of purchase.
• Details of how you used our Application.
• Device event information such as caches, system activity, hardware settings, browser type, browser language, the date and time of your visit, time spent on the Application, other statistics and referral URL.

By providing us with your personal data or the personal data pertaining to your relatives, friends or any other third parties, you give us your voluntary and unambiguous consent and also confirm and guarantee that you have received a similar voluntary and unambiguous consent from such of your relatives, friends or third parties for the processing of such personal data by us, as per the terms set out in this Privacy Policy.

The Application may contain links to other websites/applications. TMPVL shall not be responsible for the privacy or the content of such websites/applications even if:

• You accessed the third party website/application using links from our Application; or
• You linked to our Application from a third party website/application.

By accepting these terms and condition you are also authorizing TATA MOTORS PASSENGER VEHICLES LIMITED, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers, to collect data like but not limited to vehicle parameters (fuel type, battery level, fuel level, transmission type, coolant temperature, etc.), location etc. using Telematic Control Unit (hereinafter referred as “TCU”), fitted in the vehicle. TCU shall also be used for updating/upgrading and/or modifying the other Controlling Units fitted into the vehicle. TCU software/firmware can get updates/upgrades or modifications over the Air, hereinafter refer as FOTA (Firmware update/upgrade Over The Air). By accepting these terms and condition you give rights to TATA MOTORS PASSENGER VEHICLES LIMITED to do FOTA in situations like but not limited to, cyber security updates, updates related to safety of occupant/vehicle or third party, etc. without taking any such explicit approval from you.

TATA MOTORS PASSENGER VEHICLES iRA Application Services will capture the data like but not limited to, vehicle data, user driving data, to compute and derive use cases, features, notifications, and desired results out of it. And will be presented back to user for his/her benefits.

When you access the Application Services, we may automatically (i.e., not by registration) collect non-personal data (e.g. but not limited to, type of Internet browser and operating system used, domain name of the Web site from which you came, number of visits, average time spent on the site, pages viewed). We may use this data and share it with our affiliates to monitor the attractiveness of our Services/E-call Services and/or Application and improve their performance or content. We have also incorporated Analytics and TMPVL developed Crash Feedback Mechanism for the Application which will provide information about health of Application and if any crash or fault arises in the Application, TATA MOTORS PASSENGER VEHICLES LIMITED will be notified on irasupport@tatamotors.com and/or through suitable application.

By downloading the Application and/or registering for the Application services account, you automatically agree to the terms and conditions of this Privacy Policy and you voluntarily consent and authorize TMPVL, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers, to use all the information provided by you in accordance hereof

3. Information Use

TATA MOTORS PASSENGER VEHICLES LIMITED uses information broadly for the following general purposes:(a) to fulfil your requests for certain products and/or Services/E-call Services; or (b) for improvement of those products and/or Services/E-call Services; or (c) for research and development purpose; or (d) to contact you about specials and new products/Services/ E-call Services.

We can only use your personal data if we have a proper reason for doing so. Further, we will use your personal data, inter alia, for one or more of these reasons:

• To fulfil a contract we have with you, or
• If we have a legal duty to use your data for a particular reason, or
• When we get your consent to use it, or
• Any verification and record purposes, or
• When it is in our legitimate interests which are our business or commercial reasons for using your data, but even so, we will not unfairly put our legitimate interests above what is best for you.

The use of your information is subject to the Privacy Policy in effect at the time of our use. We may use the information provided by you for our general business use. This may include the following purposes:

• To respond to your requests;
• To provide services to you including customer services issues;
• To send communications to you about our or our affiliates’ current services, new services or promotions that we are developing, and opportunities that may be available to you;
• To alert you to new features or enhancements to our Services/E-call Services;
• To ensure that our Application and our Services/E-call Services function in an effective manner for you;
• To measure or understand the effectiveness of advertising and outreach.
• To send you important information regarding the Application, changes in terms and conditions, user agreements, and policies and/ or other administrative information.
• Marketing and events: We use personal data/information to deliver marketing and event communications to you across various platforms, such as email, telephone, text messaging, direct mail and online. If we send you a marketing email, it will include instructions on how to opt out of receiving these emails in the future. We also maintain email preference centres for you to manage your information and marketing preferences. Please remember that even if you opt out of receiving marketing emails, we may still send you important service information related to your accounts and subscriptions.
• To investigate potential breaches, or to protect the rights, property or safety of TMPVL and the users of our Application.
• Legal obligations: We may be required to use and retain personal data/information for legal and compliance reasons, such as the prevention, detection, or investigation of a crime; loss prevention; or fraud. We may also use personal data/information to meet our internal and external audit requirements, information security purposes, and as we otherwise believe to be necessary or appropriate:
• Under applicable law, which may include laws outside your country of residence;
• To respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities, which may include such authorities outside your country of residence;

We endeavour to collect only such data/information that is reasonably necessary to perform services (including Services/E-call Services) for you or to respond to your inquiries. You are responsible for ensuring that the data/information you provide is accurate, complete and current.

By giving your contact details on the mobile application, you agree to receive communication from TMPVL or its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers over email, SMS, phone call and/ or WhatsApp.

TMPVL reserve the right, in its sole discretion, to terminate your access to whole or any part of TMPVL Application and the related Services/E-call services or any portion thereof at any time without notice.

For avoidance of doubt it is clarified that all the data collected during the life of the vehicle, product, Application and/or Services/E-call Services will be stored for the purpose of providing the herein mentioned Services/E-call Services under this contract.

4. Information Sharing and Disclosure:

TMPVL shares or discloses personal data when necessary to provide Services/E-call Services or conduct our business operations. If TMPVL intends to transfer your personal data outside, TMPVL shall take steps to ensure that your privacy rights continue to be protected and shall ensure that adequate safeguards are in place. We do not collect any special categories of personal data about you through our Application (this includes details about your race or ethnicity, religious or philosophical beliefs, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data).

TMPVL may disclose or share information about you to unaffiliated third-party customers of TMPVL including but not limited to the entities mentioned below for the purpose of providing you products, Services/E-call Services and offers of TMPVL, its affiliates or Tata Group companies. For example:-

1. Within TMPVL: Our businesses around the world are supported by a variety of TMPVL teams and functions, and personal data/information will be made available to them if necessary for the provision of Services/E-call Services, account administration, sales and marketing, customer and technical support, and business and product development. All of our employees and contractors are required to follow our data protection and security policies when handling personal data.
2. Affiliates: Our parent company, subsidiaries, joint ventures, group and associate companies. These entities may use this information for the purposes outlined above.
3. Dealers: Our authorized dealers which are independently owned and operated. They may use this information for their everyday business purposes, including marketing, customer service, fulfilment and related purposes.
4. Distributors: Our authorized distributors which are independently owned and operated. They may use this information for their everyday business purposes, including marketing, customer service, fulfilment and related purposes.
5. Our business partners: We occasionally collaborate with other organizations to deliver co-branded services, provide content, or to host events, conferences, and seminars. As part of these arrangements, you may be a customer of both TMPVL and our partners, and our partners and we may collect and share information about you. TMPVL will handle personal data in accordance with the Privacy Policy.
6. Our third-party service providers: We collaborate with service providers around the world for any support needed. Personal data may be made available to these parties only when necessary to fulfil the services they provide to us, such as software, system, and platform support; direct marketing services; cloud hosting services; advertising; and order fulfilment and delivery. Our third-party service providers are not permitted to share or use personal data we make available to them for any other purpose than to provide services to us. Further, in case that we entrust the processing of your personal details to the third-party service providers, we select the third-party service providers who can maintain the appropriate or suitable technical and physical safeguards, and control and supervise such third-party service providers. We do not sell or rent your personal details to third parties for marketing purposes. However, for data aggregation purposes we may use your personal data, which may be sold to other parties at our discretion. Any such data aggregation would not contain any of your personal details. We may provide your personal data, such as your first name, last name, email address, phone number, street address, city, state, province region, cookies, and IP address to third-party service providers we hire to provide services to us by emails, internet, etc. These third-party service providers may include but are not limited to: payment processors, all centres, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies. We maintain the appropriate or suitable technical and physical safeguards in relation to the provision of your personal data to such third-party service providers. Whenever you request us the discontinuance of the provision of your personal data to such third-party service providers, we shall discontinue the same. If you want to obtain a copy of such safeguards or discontinuation of provision of your personal details to such third-party service providers, you may send us an email with your request to irasupport@tatamotors.com When we provide your personal data to any third-party service providers or receive personal details from any third-party, we make a record of such provision or receipt. Further, when we receive personal details from any third-party, we shall check the circumstances of obtaining such personal details.
7. Third parties: We will share personal data when we believe it is required, such as

• To comply with legal obligations and respond to requests from government agencies, including law enforcement and other public authorities, which may include such authorities outside your country of residence.
• In the event of a merger, sale, restructure, acquisition, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings)
• To protect our rights, users, systems and for providing any services (including Services/ E-call Services).

h) Within Tata Group Companies: We may also share your personal data/information within Tata Group companies to make their products, services and /or applications available to you through various platforms (including Tata Consumer Platform), to assist them in reaching out to you in relation to their programs or campaigns and to process your queries and requests. We ensure that these affiliates and Tata Group companies who handle your information comply with the applicable laws and their own privacy policies. These entities and affiliates may market to you as a result of such sharing, unless you explicitly opt-out. We may also disclose or share your personal information to unaffiliated third parties to provide you services (including Services/E-call Services) and products.

Your Acceptance to these Terms and Conditions mandatorily includes your acceptance to share your personal information. We respond to subpoenas, court orders or legal process when we find your action on the mobile application violates TATA MOTORS PASSENGER VEHICLES Terms and Conditions or any of your usage guidelines for specific products or services (including Services/E-call Services).

TATA MOTORS PASSENGER VEHICLES LIMITED may share the vehicle data and/or collaborate with third party for the purpose of research and development and improvement of product and/or Services/E-call Services availed by you on your vehicle from TATA MOTORS PASSENGER VEHICLES LIMITED and/or any third party.

5. Storing and processing of personal data

We take steps to ensure that the information we collect is processed according to this Privacy Policy and the requirements of applicable law wherever the data is located. TMPVL has networks, databases, servers, systems, support, and help desks located throughout our offices around the world. We collaborate with third parties such as cloud hosting services, suppliers, and technology support located around the world to serve the needs of our business, workforce, and customers. We take appropriate steps so that personal data is processed, secured, and transferred according to applicable law.

In some cases such as to provide the product or service (including Services/E-call Services) you have requested, we may need to disclose or transfer your personal data within TMPVL or to third parties, if required. When we transfer personal data/information to other countries in which applicable laws do not offer the same level of data privacy protection as in your home country, we take measures to provide an appropriate level of data privacy protection. For example, we use approved contractual clauses, multiparty data transfer agreements, intragroup agreements, and other measures designed to ensure that the recipients of your personal data/information protect it.

6. Measures to secure personal data

TMPVL uses appropriate technologies and procedures to protect your personal data. Our information security policies and procedures are closely aligned with widely accepted international standards and are reviewed regularly and updated as necessary to meet our business needs, changes in technology, and regulatory requirements. For example,

• Policies and procedures: TMPVL employs reasonable technological, physical and operational security procedures intended to protect your personal data from loss, misuse, alteration, or unintentional destruction. Our security measures are periodically reviewed and updated in an effort to provide appropriate security for all the data collected about you.
• We place appropriate restrictions on access to your personal data.
• We implement appropriate security measures and controls, including monitoring and physical measures, to store and transfer data securely.
• We conduct privacy, information security, and other applicable training on a regular basis for our employees and contractors who have access to personal data
• We take steps to ensure that our employees and contractors operate in accordance with our information security policies and procedures and any applicable contractual conditions.
• We conduct contracts and security reviews on our third-party vendors and providers to protect any personal data with which they are entrusted in accordance with our security policies and procedures.

7. Children

We do not provide services (including Services and E-call Services) directly to children or proactively collect their personal information. Parents or guardians may authorize children to use our Application provided they assume all responsibility and legal liability for the conduct of such child including, without limitation, monitoring the child’s access and use of the Application.

If TMPVL learns that personal data of a child has been collected without verifiable parental consent, then TMPVL may take the appropriate steps to delete such information. However, if you discover your child has submitted his/ her data to TMPVL, you may request to have such data deleted from TMPVL’s database by sending an e-mail request. Upon receiving the request, TMPVL shall ensure to delete such information from its database.

8. Your rights and your personal data

We respect your right to access and control your information, and we will respond to requests for information and, where applicable, will correct, amend, or delete your personal data/information.

In such cases, we will need you to respond with proof of your identity before you can exercise these rights.

• The right to access information: At any point you can contact us to request the information we hold on you as well as why we have that information, who has access to the information and where we obtained the information from. Once we have received your request we will respond within one month. There are no fees or charges for the first request but additional requests for the same data may be subject to an administrative fee. You do not have to provide a reason for requesting access, but you will need to provide some reasonable proof of your identity.
• The right to correct and update the information: If the data we hold on you is out of date, incomplete or incorrect, you can inform us and your data will be updated.
• The right to have your information erased: If you feel that we should no longer be using your data or that we are illegally using your data, you can request that we erase the data we hold. When we receive your request we will confirm whether the data has been deleted or the reason why it cannot be deleted (for example because we need it for our legitimate interests or regulatory purpose(s).
• The right to object to processing: You have the right to request that we stop processing your data. Upon receiving the request, we will contact you and let you know if we are able to comply or if we have legitimate grounds to continue to process your data. Even after you exercise your right to object, we may continue to hold your data to comply with your other rights or to bring or defend legal claims.
• The right to data portability: You have the right to request that we transfer some of your data to another controller. We will comply with your request, where it is feasible to do so, within one month of receiving your request.
• The right to withdraw your consent to the processing at any time for any processing of data to which consent was sought. You can withdraw your consent easily by telephone, email or by post.
• The right to object to the processing of personal data where applicable.
• The right to lodge a complaint with the Data Protection Representative.
• You can ask us or third parties to stop sending you marketing messages at any time by contacting us at any time. Where you opt out of receiving these marketing messages, this will not apply to personal data provided to us as a result of a product/service (including Services and E-call Services) purchase, warranty registration, product/service (including Services and/or E-call Services) experience or other transactions.
• You can always opt out of receiving further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.
  In the event of your decision to unsubscribe/discontinue the Services/E-call Services provided herein, you are obligated to request for such discontinuation or expressly intimate your decision of unsubscribing from the Services either to TATA MOTORS PASSENGER VEHICLES LIMITED itself or its dealership at the earliest.

9. Personal data retention

We retain personal data/information for as long as we reasonably require it for legal or business purposes. In determining data retention periods, TMPVL takes into consideration local laws, contractual obligations, and the expectations and requirements of our customers. When we no longer need personal information, we securely delete or destroy it.

10. Changes

TMPVL may update the Privacy Policy from time to time. We encourage you to check our Application frequently to see the current Privacy Policy so that you may stay informed of how TMPVL is using and protecting your data/information. Whenever a change to this policy is significant, we will place a prominent notice on the Application and provide an updated effective date.

11. Protection of the Data Provided

The Application has stringent security measures in order to protect your personal data provided to us. We store all such personal information in a secured manner, preventing its loss, misuse, wrongful disclosure, alteration or destruction. The said security measures are periodically updated. However, TMPVL is not liable for breach of security during internet transmission of personal data/information, including any unintended loss, misuse, alteration or disclosure of such information. Furthermore, notwithstanding anything contained in this Privacy Policy, TMPVL will not be responsible for any loss, damage or misuse of personal data/information, if such loss, damage or misuse is attributable to an event of force majeure or to any reason attributable to you.

TMPVL may disclose your personal data in good faith or whenever necessary to comply with a legal obligation or if disclosure was required by any law or by order of any competent court or statutory authority, to protect and defend the legal rights or intellectual property rights of TMPVL.

12. Your Obligations

You warrant to TMPVL that you will not use the Application for any purpose that is illegal or prohibited by these terms of use. You shall not use this Application in any manner which could damage, disable, overburden or impair the Application or interfere with any other party's use and enjoyment of this Application. You shall not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any data, Services/E-call Services obtained from TMPVL Application without our prior consent, directly or indirectly in any medium. Neither these materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.

13. Governing Law and Jurisdiction

This Privacy Policy shall be governed by the laws of India; and the Courts of Mumbai (India) shall have the exclusive jurisdiction to try any dispute arising thereof.

14. Questions/ Contact Information

If you have questions or comments regarding this Privacy Policy, please contact us at: irasupport@tatamotors.com

IX. Security:

Your Application services account information is password-protected for your privacy and security. We have taken adequate measures to secure access to your personal data. Further, your device / application may have a ‘remember me’ function for your password. This function enables you to remain logged in for your convenient access to the Application. Please be aware that while this function is active any other person using your mobile device will be able to access any of your stored settings, personal details and information available in the Application. If you do not wish other users to have access, it is your responsibility to ensure that ‘remember me’ function is disabled and to log-out from the Application. Please also be aware that it is your responsibility to alert the person you authorize to use your vehicle or the Application about the privacy practice described in these Terms and Conditions.

X. Changes to these Terms and Conditions:

TATA MOTORS PASSENGER VEHICLES LIMITED may edit these Terms and Conditions from time to time. If we make any substantial changes, we will notify you by posting a prominent announcement on the Application. However, it shall be the obligation of the user to remain updated with the changes in Terms and Conditions. Even in case the Terms and Conditions are not notified by TATA MOTORS PASSENGER VEHICLES LIMITED, the contents therein shall be binding on the user.

BILLING

1. For any case where the charges are disputed by the Subscriber, they shall inform the Company in writing within 5 (five) working days of receipt of bill/invoice of charge. In case of non-receipt of such information, the charges will be presumed to have been accepted. Subscriber shall pay full amount of disputed charges, pending settlement of dispute.
2. The Company's acceptance of payment from a person other than the Subscriber shall not amount to the Company having transferred or modified any of the rights of applications of the Subscribers to any third party

BARRING/DEACTIVATION/TERMINATION OF SERVICES

1. In case of misuse of services or breach of any terms and conditions by the Subscriber or use of services for wrongful reasons that breaches any laws or badly affects the Company service, the Company reserves the right to terminate the services in respect of such Subscribers/vehicles.
2. The Company reserves the right to suspend/terminate the CVP Services for any actions by the Subscriber which jeopardizes the rights, property, or personal safety of the Company, its Group Companies, its any third party, its other Subscribers or the general public.
3. For any other cases the Company reserves the right to suspend/terminate the CVP Services for such Subscribers at its sole discretion by giving reasonable notice to the Subscriber.

MAILING

The Company shall use mailing information as mentioned in the Customer Subscription Form for sending bills and other communication with the Subscriber. The Company shall not be responsible for communication not reaching the Subscriber due to wrong contact/mailing information in their account The Subscriber shall update any changes in the contact/mailing information by contacting . helpdesk on toll-free no. 1800 209 8282

UNDERTAKING BY THE SUBSCRIBER

1. All notifications are required to be given in writing by one party to the other hereunder and served on the other party at the address of the party given at the initiation of this document by registered post or email or delivery in person with acknowledgement. At any time or privilege approved by the Company shall not affect the strict rights of the Company under this agreement.
2. The Subscriber undertakes that the CVP Services will be used by him for his own purpose and will not be sublet or issued to any third party.
3. The Subscriber hereby undertakes for all vehicles where he is the “Holding Company”, to provide an authorization letter from such owners “Subsidiary Company” for using CVP Services on their vehicles. Such cases can be referred as “Holding Company-Subsidiary Company relationship scenario”, the definitions for the same are mentioned in Clause 1. In cases where Subscribers act as a “Holding Company”, he undertakes to provide authorization letter from “Subsidiary Company” for availing Tata Communications International Pte Ltd. Services on their vehicles. It will be the responsibility of “Holding Company” to inform in writing to the Company to terminate the CVP Services offered in the vehicles of “Subsidiary Company” in case if there is discontinuity in “Holding Company-Subsidiary Company relationship”.
4. The Subscriber undertakes to permit access to Services only to its authorized personnel/employees/representatives’ s access provided to persons other than authorized personnel/employees/representatives shall be considered as violation of the agreement.
5. The Subscriber or his representatives shall not violate/breach the security systems of the Company.
6. In case the Subscriber Telematics Unit is lost or stolen, the Subscriber shall inform the Company immediately. The Company will not be liable for any misuse on account of loss or theft of the Telematics Unit.

9. SUBSCRIPTION CHARGES & PAYMENTS

Subscription charges

PRIVACY

The CVP Service is designed using various passwords, usernames and access codes (collectively referred to as “Passwords”) to protect Subscriber’s privacy. The Company has taken reasonable precautions to ensure such passwords are kept confidential on the . It shall be the sole responsibility of the Subscriber to protect the privacy of their passwords and the Company will not be liable for any wrongful use of the Subscriber’s data arising from the misuse of the passwords.

REFUND

Once you pay for a subscription you can't get a refund but you can cancel the subscription any time . You will continue to have access to the CVP service through the end of your monthly billing period.

SUPPORT CONTACT DETAILS

In case of any complaints, feedback, assistance, Subscribers can contact the Company on below-mentioned contact details. Toll-free no.: 1800 209 8282 Email ID: irasupport@tatamotors.com

GOVERNING LAW & VALIDITY

The validity and construction of terms and conditions of this CSF shall be governed by and interpreted in accordance with the laws of the Republic of India. The courts of Mumbai will have the exclusive Jurisdiction in respect of the subject matter stated herein. These terms and conditions as mentioned in the CSF and the special Subscription Plan, with the terms and conditions, is the understanding between the Company and the Subscriber in full and it offsets all prior understanding whether verbal or written and all enactments and other communications between the Company and the Subscriber hereto in case of any contradiction between these terms and conditions and Subscription Plan, the latter shall abide.

CONFIDENTIALITY

Both the Company & Subscriber shall maintain confidentiality of each other's proprietary information and intellectual property, which each party shares with the other for the execution of the work under this agreement.

FORCE MAJEURE & JURISDICTION

Neither party will be liable for any failure or delay in performing any of its obligations mentioned in this document, if such delay or failure is due to cause beyond its reasonable control, such as natural catastrophes, acts of God, governmental acts or omissions or strikes or difficulties or pandemic. This agreement shall be governed by and construed in accordance with the laws of the Republic of India and Jurisdiction shall vest in the courts in Mumbai only.

DECLARATION BY SUBSCRIBER

I have read, understood and agreed to all the terms and conditions mentioned in the Customer Subscription Form (CSF) for CVP Services. I further declare that the details stated by me in the CSF are true and correct. In case any of them are found/proved to be untrue and incorrect, the Company reserves the right to suspend/deactivate/disconnect/terminate the CVP Services availed to me or/and us. I further declare that I have understood and voluntarily chosen the Subscription Plan and agree to pay the Subscription Charges towards the CVP Services as per the opted plan on time.

Date:
Place:

Annexure 1

Customer Declaration Form

I hereby give my consent to AWP Assistance (INDIA) Private Limited (“AWP”), for my transport/ transfer through ambulance in case of accident at my own risk, without any liability to Tata Motors Passenger Vehicles Limited and/or the doctors / staff of AWP contracted support services.

I am fully aware of the risks of transportation of a patient in critical condition including risks involving delays and discomfort associated with road conditions, traffic hazards, transport problems, weather and patient’s condition, extended travel time, fatigue and dehydration, enforced immobility and access in the confined space of an ambulance, reduced availability of medical personnel and medical equipment’s as compared to a specialized hospital, possible failure of medical equipment and possible worsening of condition of the patient including death during transportation.

I am aware that the treatment in an ambulance is only an emergency measure and does not match the full in-hospital treatment.

I hold complete responsibility, and hereby release Tata Motors Passenger Vehicles Limited, its administration and service providers, the doctors and staff of AWP from any medico-legal responsibility in case of any unforeseen eventually/ fatality during medical transfer.

I authorize AWP to disclose and release medical information and records concerning the medical assistance provided to the patient before and during transportation, to the receiving medical staff.

Therefore, I authorise transportation by surface and/or air, and I further authorise the doctors and/or nurses of the transport staff and the doctors of the referral hospital to assume full care and to perform any emergency medical or surgical procedures which are necessary in their professional judgement.

I hereby acknowledge, agree and undertake that the consent will be deemed to have been given by me in the following situations:-

1. Wherein the medical situation of the patient(s) is critical & he/she/they are not in a position to give written/oral consent, and
2. In the opinion of the attending ambulance staff to save lives of the patient(s) it is necessary to immediately transport the patients to the nearest hospital without waiting for the consent.

I have read this form completely and understand it.

Call: 1800 209 8282
Email:customercare@tatamotors.com