TERMS AND CONDITIONS

This document is published in accordance with the provisions of Information Technology Act 2000 and related amendments thereafter that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of www.Surge Automobilesworld.com website through a user agreement.

These Terms of Use along with Privacy Policy and Disclaimer are a legally binding document between you and us and lays out the terms, conditions and rules, as maybe amended and supplemented, from time to time (“Terms”) which shall be applicable to your present and future access and use of the Website www.surgeautomobiles.comThis user agreement (“Terms and Conditions” or "T&C" or “Terms” or "Agreement") is between You (“You” or “End User” or “or “User”, “Registered User”) and Hero MotoCorp Limited (“Company” or “Us” or “We” or “HERO”).

Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present Terms of Use shall alone prevail for the purposes of usage of the Website.

1. INTRODUCTION

The domain name www.surgeautomobilesworld.com (hereinafter referred to as "Website") is owned, maintained and operated by Hero MotoCorp Limited.

2. ELIGIBILITY OF USER

Usage/browsing on the Website is free for visitors. HERO does not charge any fee for browsing the Website.

Use of this website, is allowed only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you are not eligible to use the website and may only use the website with the involvement of a parent or guardian.

HERO reserves the right to terminate your login, if any and / or refuse to provide you with access to the Website if it is brought to HERO's notice or if it is discovered that you are under the age of 18 years and/or violates any provision of the Terms of Use.

3. THESE TERMS & CONDITIONS MAY CHANGE

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use, Privacy policy, at any time without any prior written notice to you. For this reason, we encourage you to review these Terms of Use every time you visit or use our website.

4. USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS

a. We reserve the right to terminate your login Account; initiate appropriate legal action, if any required and/or refuse to provide you with access to the Website if it is brought to our notice that user is not an eligible user or for any other reason at HERO’s discretion. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete or not in accordance with these Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your user account on the Website and refuse to provide you with access/use to/of the Website.

b. You agree and confirm that, If you or HERO terminates your use of the Website or any service therein, HERO may delete any content or other materials relating to your use of the Website and will have no liability to You or any third party for doing so. In case you have created a login for the website, you are solely responsible for maintaining the confidentiality of your user ID/your account/display name and password and for restricting access to your computer or any other device used to access the website/App and to prevent unauthorized access to your account and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree to accept responsibility for all activities that occur under your account and password. User can also deregister and delete account from website with or without cause /reason.

You ensure that you exit from your account at the end of each session. Hero shall not be liable for any loss or damage arising from your failure to comply with this requirement.

c. Use of the Website:

You agree, undertake and confirm that your use of website shall be strictly governed by the following binding principles:

1.You shall not host, display, upload, modify, publish, transmit, update or share any information which:

● belongs to another person and to which you do not have any right to use;

● is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or menacing, libellous, invasive of another's privacy, hateful, racial, ethnically objectionable, disparaging, relating or encouraging money laundering, gambling or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

● is misleading in any way;

● is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;

● harasses or advocates harassment of another person;

● involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";

● promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;

● infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;

● promotes an illegal or unauthorized copy of another person's copyrighted work (see "Intellectual Property Right Complaints" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links.

● contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);

● provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;

● provides instructional information about illegal activities, violating someone's privacy, or providing or creating computer viruses;

● contains video, photographs, or images of another person;

● tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, account information, bulletins, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

● interferes with another user's use and enjoyment of the website or any other individual's user and enjoyment of similar services;

● refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;

● harm minors in any way;

● infringes any patent, trademark, copyright, trade secret or other proprietary rights of HERO or any third party;

● violates any law for the time being in force;

● deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

● impersonate another person;

● contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancel bots, easter eggs or any other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;

● threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

● shall not be false, inaccurate or misleading;

● shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;

● shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;

2. If you believe that any content on the Website is affected due to above points, you shall immediately notify us in writing. HERO will make all reasonable endeavours to remove such content complained about within a reasonable time.

3. Any non-compliance of use of website would be dealt as per the policy.

5. PRIVACY

a) We view protection of your privacy as a very important principle. We clearly understand that you and your Personal Information is one of our most important assets. Privacy policy applicable on this website is available at Privacy Policy you object to our current Privacy Policy and your information being transferred or used in the way described in Privacy Policy please do not use the Website.

6. ELECTRONIC COMMUNICATIONS

When you visit the website or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages) from us with respect to your use of the website.

7. INTELLECTUAL PROPERTY RIGHTS/ TRADEMARK, COPYRIGHT AND RESTRICTION

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of HERO and/or, its affiliates or its content suppliers and is protected under trademark and copyright laws and other relevant law(s) as applicable from time to time.

You shall not extract or re-utilise parts of the contents of the website without HERO and / or its affiliates (as may be applicable) In particular, you shall not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any parts of this website. You shall also not create and/ or publish your own database that features any / or substantial (eg: prices and product listings etc.) parts of this website

8. INTELLECTUAL PROPERTY RIGHTS COMPLAINTS

HERO respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the Grievance Officer whose contact details are mentioned at the end of the Terms of Use.

9. PRODUCT COMPLIANCE

Products displayed on the HERO website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.

10. WARRANTIES & LIABILITY

● All information, content, materials, products (including software) and other services included on or otherwise made available to you by HERO are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.

● HERO does not warrant that this Website will be uninterrupted, error free, or constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading. Further, HERO shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond HERO’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material and/or data.

● We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with the Website. You acknowledge, by your use of this website, that your use of this website is at your sole risk; that you assume full responsibility for all risks associated in connection with your use of this Website.

● Though HERO shall make all to protect its websites from any viruses, unauthorized access, modification, deletion, unplanned downtimes, cyberattacks or other illegal use of its website, however we do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes or is meant to constitute, advice of any kind.

● Hero will not be liable for any damages of any kind arising from the use of the website, or from any information, content, materials, products (including software) or from failure of performance, error, omission, inaccuracy, interruption, deletion, defect or delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, or alteration, included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. You specifically acknowledge that HERO is not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

11. INDEMNITY

● You shall indemnify and hold harmless HERO, its management, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

● You hereby expressly release HERO and/or its management, affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.

12. BREACH

● In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your login, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.

● Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to take strict legal action including but not limited to a referral to the police or other authorities for initiating criminal or other proceedings against you.

● Any breach of any applicable laws shall also result in, without prior notice, immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your login, and/or refuse to provide you with access to this Website.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL HERO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, AND OTHER POLICY ASSOCIATED WITH IT.

14 COMPLIANCE WITH LAWS:

The website user shall comply with all the applicable laws, rules, notifications as issued from time to time by appropriate authorities.

15. SEVERABILITY

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of remaining terms.

16. WAIVER

The failure by HERO to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by HERO of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.

17. DISPUTE RESOLUTION

This agreement along with privacy policy and Disclaimer shall be construed and the legal relations between YOU and HERO hereto shall be determined and governed according to the laws of India and all disputes relating to this agreement shall be subject to the exclusive jurisdiction to the Courts of New Delhi.

18. GRIEVANCE

Any grievances you have by way of use of the website can be addressed to the Grievance officer

The ‘Grievance officer’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.

Grievance Officer
C/o Hero MotoCorp Limited,
The Grand Plaza, Plot No.2,
Nelson Mandela Road,
Vasant Kunj - Phase -II,
New Delhi - 110070
Phone: 011-46044100
Time: 10AM – 5PM
Email: grievanceofficer@heromotocorp.com

RULES AND REGULATIONS:

HERO MOTOCORP LTD RULES AND REGULATIONS FOR ACCEPTABLE USE OF COMPUTER RESOURCES

1. INTRODUCTION

The purposes of these rules and regulations are to outline the acceptable use of computers, computer systems, computer networks, computer resources and communication devices of Hero MotoCorp Ltd (hereinafter referred to as Hero MotoCorp Ltd or company) and provide users of the company with basic knowledge and general guidance for proper, fair, efficient, and effective use of these computer resources.

The company recognizes the importance for employees/users, to be able to access its computers, computer systems, computer networks, computer resources and communication devices and telecommunications network. The company demands respect for working on its administrative resources, while using these resources. Computer resources are made available to users to engage in activities relating to the company's business only.

As per these rule and regulations regarding the use of company's computers, computer systems, computer networks, computer resources, communication devices and its telecommunications network, the company, as owner and manager of its computer resources and telecommunications network, is compelled to ensure that their use conforms to the law. These rules and regulations of the company are in accordance with the amended Information Technology Act, 2000 as well as rules and regulations made thereunder including the Information Technology Rules, 2011 and the Information Technology (Intermediary Guidelines) Rules, 2011. The company expects all users to conform to usual rules of courtesy and etiquette as well as to the laws and regulations for the time being in force.

2. SCOPE

This document elaborates various rules and regulations that are in place and adopted by the Hero MotoCorp Ltd for the use of its computer resources and computer systems, in accordance with principles established under the Information Technology Act, 2000 and also rules and regulations made thereunder.

The present rules and regulations state the conditions for utilization of computer resources of the company by employees/users and are intended to:

0. promote responsible use of computer resources;

1. safeguard the company's reputation as a responsible organization;

2. deter users from abusive or illegal use of computer resources;

3. ensure protection of private information;

4. define the boundaries regarding the private lives of users related to their utilization of computer resources;

5. minimize risk of destruction or modification of systems or data.

3. APPLICABILITY

These Rules and Regulations of Hero MotoCorp Ltd are applicable to all visitors of the website of Hero MotoCorp Ltd, all employees (both old and existing), as also all legal entities with whom Hero MotoCorp Ltd has got business relationship which include suppliers, vendors, sub-vendors, distributors, sub-distributors, agents, dealers and sub-dealers etc.

4. GENERAL CONCERNS

i. Privilege: Access to computer resources constitutes a privilege and not a right. Only duly authorized users may access and use computer resources of the company and only within the parameters granted to the user by the company. The user may not allow an unauthorized third party to use these resources. Computer resources must be used in a reasonable manner and utilization must not unduly restrict access for other users.

ii. Priorities: Computer resources are made available to users for the purpose of engaging in activities related to the fulfilment of company's business.

iii. Utilization for computer resources: Users may use the company's computer resources, subject to certain conditions, which are as under:

0. The user respects the terms of the present rules and regulations;

1. Company's computer resources shall not be used for personal matters;

2. Users must accept that the company is obliged to preserve access to any message or transaction performed through its computer resources and consequently, no use for any matters whatsoever cannot be considered private.

5. CODE OF ETHICS FOR USERS

The users of computer resources agree to show:

0. respect towards persons, their private lives, personal or confidential information about them, whether by text, messages or images;

1. respect as regards company objectives;

2. respect for copyright and intellectual property;

3. respect for security measures implemented by the company.

6. PROHIBITED ACTIVITIES

Any or all use of the company's computers, computer systems, computer networks, computer resources and communication devices for unauthorized or illegal matters is strictly forbidden. On the company's computer resources, it is specifically prohibited to host, display, upload, modify, publish, transmit, update or share any information that:

0. belongs to another person and to which the user does not have any right to;

1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

2. harm minors in any way;

3. infringes any patent, trademark, copyright or other proprietary rights;

4. violates any law for the time being in force;

5. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

6. impersonate another person;

7. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

9. tantamount to transmitting advertising, spam or which promotes or conducts transactions for personal business purposes;

10. refers to the company in personal comments within discussion groups or chat rooms, or to use any other mode of expressing an opinion in such a way as to imply that the opinions expressed are approved by the company, except when the statement is made by a person authorized to do so in the performance of his/her duties.

7. MODIFICATION OR DESTRUCTION

Any modification or destruction of computer resources is prohibited without the authorization of an authorized person of the company.

8. ACTIONS CAUSING DAMAGE

It is strictly forbidden to act in such a way as to damage the computer resources of the company, specifically, to engage in hacking or spread computer viruses, or the unauthorized destruction or modification of data or software, or diminishing of value or utility of electronic information residing in a computer resource or affecting it injuriously by any means or unauthorized use of the access code or password of another user, or by any action intended to deactivate, challenge or bypass any company information technology security system.

9. UNAUTHORIZED ACCESS

It is strictly prohibited to access or attempt access to files, data, databases, systems, internal or external networks or computer resources restricted to a specific category of users, unless prior approval of the concerned authorized person of the company has been duly taken in writing.

10. REASONABLE USE

In a situation of shared resources, the user may not monopolize or abuse computers, computer systems, networks, computer resources and communication devices. It is strictly prohibited, such as, to store an excessive amount of data or to use the Internet and its logical record to listen to the radio or a television programme or any other telephony, unless the context otherwise requires it for the purpose of business activity of the company.

11. INTELLECTUAL PROPERTY RIGHTS

Users must, at all times, respect copyright and other intellectual property rights of others. The following are examples of documents likely to be protected by copyright or other intellectual property rights: contents of an e-mail message; textual, graphic and sound contents of a Web site; music and radio and television programmes transmitted through a Web site; music, photos, or graphics available on the Web; applications downloaded from an FTP site; compilation available on a Web site; use of a logo and trademark. In certain cases, the following actions may contravene copyright or intellectual property rights of the relevant rights owners:

0. downloading a file;

1. digitizing a printed document;

2. retouching a photo or other person's text;

3. posting music on the Web;

4. Posting another person's art work when the work is protected by copyright.

The Users are strictly prohibited from:

0. using any illegally copied software or electronic file;

1. participating, directly or indirectly, in the reproduction of a programme or electronic file;

2. modifying or destroying a software programme, data bank or electronic file or to access it without the express authorization of its owner;

3. reproducing documentation relating to a programme, without authorization from the owner of the copyright;

4. using computer resources to commit or attempt to commit an infraction to copyright and intellectual property;

5. Reproducing software, software packages, and courseware, which is duly authorized only for purposes of securing back-up copies, or according to the software license terms in force.

12. ELECTRONIC MESSAGING

i. The user must identify himself as the author of any electronic message sent on the company network and, as the case may be, specify his title or position.

ii. The user must, where applicable, respect the confidentiality of messages sent on the network and refrain from intercepting, reading or modifying any message not intended for him/her.

iii. Users are strictly prohibited from: -

Using one or more gimmicks or any other means of transmitting an electronic message anonymously or in the name of another person;
Subscribing to mailing lists not related to the user's job description;
To send, without authorization, to all staff or to selected groups of employees or other users, messages of a general nature, news of any kind, chain letters and any information not related to company business activities.

13. CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION

0. Information contained in computer resources is confidential whenever it is regarded as personal information or information protected by the company under the IT Act and rules made thereunder, respecting access to documents held by public bodies and the protection of personal information or information related to a person's private life.

1. Respect for security measures: The user is under obligation to respect regulations enacted by the law prevailing for the time being in force, respecting access to documents held by public bodies and the protection of personal information as regards storage, access, transmission and dissemination of personal information, specifically through computer resources.

2. Dissemination of personal information: The user may not, without authorization from the persons concerned, disseminate personal information whether by written information, photographs or any other visual documents showing these persons participating in an activity, and allowing them to be identified by name.

3. The company respects the private life of users. However, in view of the fact that computer resources are made available to users in order to assist the company in fulfilling its business activities, the user's right to privacy is limited. Thus, equipment, systems and files intended for work-related matters must be accessible at any time to members of administration, substitute employees/users or the network administrator.

4. The company shall not systematically oversee user communications. An investigation shall be conducted if there is reason to believe the systems are being used in inappropriate ways or if it is necessary to trace information otherwise unavailable.

5. The user loses his right to confidentiality for the files he/she created by using computer resources of the company, including all information in contravention of the present rules and regulations or of instructions enacted by the company intended to ensure its application, or to agreements or Local/State/Union laws.

6. The user is entitled to know that the company may be required, within the framework of a judicial enquiry, to provide as evidence the contents of any document saved on its own computer systems. In that case, the company has the exclusive right to and may enter any system without prior warning, and to inspect and examine all the data, database and information resident therein.

14. HERO MOTOCORP LTD'S RESPONSIBILITIES

0. The company is not responsible, directly or indirectly, for losses, damages or inconvenience caused to users as a result of their utilization of computer resources, or in the case where, for whatever reason, it must reduce or interrupt service, whatever the duration of these reductions or interruptions may be, or if the services cease.

1. The company shall inform the users that in case of non-compliance with the present rules and regulations for access or usage of company's computer resources, the Company has the right to immediately terminate the access or usage rights of the users to its computer resources and remove non-compliant information.

2. Hero MotoCorp Ltd shall provide sufficient physical and electronic security controls for its computer resources or computer systems or networks. These controls shall include (i) requiring verification of authorization for access to all secured locations and (ii) access doors equipped with card reader control or an equivalent authentication device, egress doors which initiate an audible alarm when opened and equipped with tamper resistant hardware.

3. Hero MotoCorp Ltd shall take all steps necessary to ensure that no user shall, without Hero MotoCorp Ltd 's prior written consent, use, duplicate or reveal to any person or entity any Login IDs, passwords, software, data, material, content or any other information related to or accessible on the computer resources, whether written, verbal or electronic. Hero MotoCorp Ltd shall treat all information as copyrighted and owned by Hero MotoCorp Ltd.

4. Hero MotoCorp Ltd shall cause each of its employees, agents and sub/contractors to safeguard the confidentiality of information pursuant to the present rules and regulations regarding the users' data or information.

5. Hero MotoCorp Ltd shall not transfer or disclose the information, directly or indirectly, to any third party (other than its employees who have a need to know such information and are authorized by Hero MotoCorp Ltd to have access to the Computer Systems to perform Hero MotoCorp Ltd's obligations under the present rules and regulations without Hero MotoCorp Ltd's prior written consent,); and

6. Hero MotoCorp Ltd shall not take any other action with respect to the Information inconsistent with its confidential and proprietary nature. Any user wishing to access the computer resources, computer Systems or network of the company must be authorized and approved by Hero MotoCorp Ltd. Notwithstanding such authorization and approval, Hero MotoCorp Ltd shall permit access to the computer resources, computer Systems or network solely by its employees agreeing in writing to abide by the rules and regulations contained herein.

7. Hero MotoCorp Ltd shall not knowingly host or publish any information or shall not initiate the transmission, select the receiver of transmission, and select or modify the information which is prohibited under the Information Technology Act and rules and regulations made thereunder. Removal of access to any offending information, data or communication link by Hero MotoCorp Ltd or its affiliates after such information, data or communication link comes to the actual knowledge of a person authorized by Hero MotoCorp Ltd or pursuant to any order or direction as per the provisions of the Act or expeditiously removing or disabling access to such content by Hero MotoCorp Ltd , shall not amount to hosting, publishing, editing or storing of any such information which is prohibited under Information Technology Act and rules and regulations made thereunder and also other law for the time being in force

8. Hero MotoCorp Ltd, on whose computer systems or computer resources, any contravening information is stored or hosted or published, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person in writing or through email signed with electronic signature, about any prohibited activities as mentioned in the rules and regulations above, shall act expeditiously and remove or disable access to such content and where applicable, work with user or owner of such information to disable such information that is in contravention of the present rules and regulations and the IT Act and Rules, without vitiating the evidence in any manner.

9. Further Hero MotoCorp Ltd shall preserve such information and associated records for at least ninety days for investigation purposes.

10. Hero MotoCorp Ltd shall strictly follow the provisions of the Information Technology Act, 2000 as amended as well as rules and regulations made thereunder including the Information Technology Rules, 2011 or any other laws for the time being in force.

11. Hero MotoCorp Ltd shall provide information or any such assistance to Government Agencies, as and when required by lawful orders, who are lawfully authorized for investigative, protective, cyber security activity. The information or any such assistance shall be provided for the purpose of verification of identity, or for prevention, detection, investigation, prosecution of cyber security incidents and punishment of offences under any law for the time being in force, on a request in writing stating clearly the purpose of seeking such information or any such assistance.

12. Hero MotoCorp Ltd shall take all reasonable measures to secure its computer resource and information contained therein following the reasonable security practices and procedures as prescribed in the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011.

13. Hero MotoCorp Ltd shall report cyber security incidents and also share cyber security incidents related information with the Indian Computer Emergency Response Team.

14. Hero MotoCorp Ltd shall not knowingly deploy or install or modify the technical configuration of computer resource or become party to any such act which may change or has the potential to change the normal course of operation of the computer resource than what it is supposed to perform thereby circumventing any law for the time being in force but Hero MotoCorp Ltd may develop, produce, distribute or employ technological means for the sole purpose of performing the acts of securing the computer resource and information contained therein.

15. Hero MotoCorp Ltd shall address any discrepancies and grievances of any users or any victim, who suffers as a result of access or usage of computer resource by any person in violation of Rule 3. Such users and/or victims can notify their complaints against such access or usage of computer resources of Hero MotoCorp Ltd or other matters pertaining to the computer resources made available by Hero MotoCorp Ltd to a Grievance Officer. For this purpose, Hero MotoCorp Ltd shall designate a Grievance Office, whose details are as under:-

16. Mr. Grievance Officer

Contact Details:
C/o Hero MotoCorp Limited,
The Grand Plaza, Plot No.2,
Nelson Mandela Road,
Vasant Kunj - Phase -II,
New Delhi - 110070
Phone: 011-46044100
Time: 10AM – 5PM

Email: grievanceofficer@heromotocorp.com

17. The Grievance Officer shall redress the grievances of visitors/users of the Hero MotoCorp Ltd websites, if any, expeditiously but within one month from the date of receipt of grievance.

18. Hero MotoCorp is an ISO 27001:2013 certified compliant company. Hero MotoCorp Ltd has implemented the principles and salient features of IS/ISO/IEC standard 27001:2013and the codes of best practices for data protection for the purpose of compliance with reasonable security practices and procedures. Further Hero MotoCorp Ltd shall audit its security practices and procedures on a regular basis through an independent auditor, duly approved by the Central Government. The audit of reasonable security practices and procedures shall be carried out by an auditor once a year.

15. USERS RESPONSIBILITIES

0. The users are responsible for their own actions in the use of company computers, computer systems, computer networks, computer resources and communication devices of the company. Any user who commits an illegal act is subject to legal consequences, including both civil and criminal action. The company shall not be responsible for such an illegal act as the company is an intermediary. The company has exercised due diligence, while discharging its obligations under the Information Technology Act and has further complied with the provisions of the Information Technology Act and rules and regulations made thereunder.

1. The users shall strictly follow the present rules and regulations and also provisions of the Information Technology Act and Information Technology Rules and any other laws for the time being in force.

2. User shall indemnify Hero MotoCorp Ltd and its affiliates and their officers, agents, employees and service providers and hold them harmless in respect of all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by any of them as a result of any claim by a third party resulting from a breach or non-observance of these rules and regulations and/or of other Hero MotoCorp Ltd policies by the User or breach of any prohibition, or restriction on User's activities contained in these rules and regulations.

16. EMERGENCY AND SECURITY MEASURES

0. The company reserves the right to keep a register of transactions performed by way of its computer resources and telecommunications network and the right to analyse information contained in this register in order to detect unauthorized, illicit or illegal activities on its network, whether through conventional technical means or by using emerging technologies like artificial intelligence.

1. The Network Administrator of the company may proceed to commence any investigation, without prior notice, when an emergency warrants it, such as, detection of the presence of a virus in the network or over utilization of network resources, and may save any or all copies of a document in order to ensure respect for the terms of this rules and regulations enacted by the company.

2. The company reserves the right to erase from its computer resources any illegal content or content in contravention of the regulations stated in the present rules and regulations.

3. The authorized person of technology team of the company may put forth instructions and regulations to ensure the security of computer resources and to periodically conduct security checks.

17. SANCTION

If users believe that a violation of these rules and regulations has occurred, contact the office of Hero MotoCorp Ltd in person or on email being grievanceofficer@heromotocorp.com immediately. Under no circumstances should the witnesses attempt to look through or access the suspect's machine in order to conduct their own personal investigation.

Any person found to have violated or violating these rules and regulations might be subject to disciplinary action, up to and including termination of employment. In addition, there may be cases in which a person may be subject to civil or criminal liability. In case of other users they could be liable for civil or criminal liability including exemplary damages, under the provisions of the law prevailing for the time being in force, including the amended Information Technology Act, 2000 as well as rules and regulations made thereunder.

DATA COLLECTION CONTRACT:

This Contract is executed at Delhi by and between Hero MotoCorp Ltd, a company duly incorporated under the Indian Companies Act having its office at The Grand Plaza, Plot No.2, Nelson Mandela Road, Vasant Kunj - Phase -II, New Delhi - 110070 through Grievance Officer, hereinafter referred to as the Party of the First Part, which expression shall, unless repugnant thereto, shall include and mean all its legal representatives, executors, successors and assigns

AND

Yourself being the visitor to the website www.surgeautomobiles.com and/or legal person who is either a new user or a registered user on the website www.surgeautomobiles.com, hereinafter referred to as the Party of the Second Part, which expression shall, unless repugnant thereto, shall include and mean all its legal representatives, executors, successors and assigns.

Whereas the Party of the First Part is committed to respecting the privacy of personal information and sensitive personal data or information of individuals;

And Whereas the Party of the First Part has prepared policies and practices concerning the collection, usage and disclosure of personal information and sensitive personal data or information of individuals;

And Whereas Party of the First Part protects the privacy of individuals by complying with the operative legislation being the amended Information Technology Act, 2000 and rules and regulations made thereunder including as the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 and also the Information Technology (Intermediaries Guidelines) Rules, 2011;

And Whereas by means of the present Agreement/ Contract, the Party of the First Part agrees to and is collecting the personal data as well as sensitive personal data and information of the Party of the Second Part

NOW THIS DEED OF DATA COLLECTION CONTRACT WITNESSETH AS UNDER:-

1. That the parties agree that in this contract, unless the context otherwise requires, the terms used shall have the meanings as given in the Definitions clause of Data Privacy Framework of the company

0. That the parties agree that the Party of the First Part shall collect the personal data as also sensitive personal data and information of the Party of the Second Part in accordance with its Data/Information Collection Policy as well as the terms of the present contract. The contents of the Data/Information Collection Policy may also be read as part and parcel of the present contract and are once again reaffirmed and reiterated and are not repeated here for the sake of brevity.

0. That the Party of the Second Part hereby specifically, absolutely and unconditionally gives its free, fair and informed consent and prior permission to the collection of its personal data as also sensitive personal data and information by the Party of the First Part, including within the meaning of Rule 6(1) of the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011.

0. That the Party of the Second Part understands, agrees and declares that the Personal and Identifiable information includes personal characteristics such as home address, telephone number, Aadhaar numbers and financial information and that its sensitive personal data or information shall be as defined in this contract.

0. That the Party of the Second Part declares that in providing personal information about other individuals, it represents that it has notified them of the purposes for which the information will be used, the recipients of the information, and how they can access and correct the information, and that it has obtained their consent in connection with the transaction at hand.

0. That the Party of the Second Part hereby specifically agrees that the Party of the First Part may be required to disclose the sensitive personal data and information so collected under the present contract to third parties and governmental agencies. The Party of the Second Part hereby specifically, unconditionally and absolutely agrees and consents to such disclosure of its sensitive personal data and information so collected by the Party of the First Part, without any objection of any kind whatsoever. The Party of the Second Part further hereby specifically, unconditionally and absolutely agrees and consents to such disclosure of its sensitive personal data and information so collected by the Party of the First Part, where the disclosure is necessary for compliance of a legal obligation

0. That the Party of the Second Part further consents and agrees to the provisions of the Data Disclosure Policy as well as Data Sharing with Government Agencies Policy of the Party of the First Part. The contents of the Data Disclosure Policy as well as Data Sharing with Government Agencies Policy of the Party of the First Part may also be read as part and parcel of the present contract and are once again reaffirmed and reiterated and are not repeated here for the sake of brevity.

0. That the Party of the Second Part undertakes not to challenge in any manner whatsoever the present Contract, any of its provisions as well as its unequivocal, absolute and unconditional consent given hereunder pertaining to the collection of its personal information as well as sensitive personal data and information.

0. That the Party of the Second Part has entered into this Contract out of his/her own sweet will and volition and without any outside force, influence and coercion of any kind whatsoever.

IN WITNESS WHEREOF THE PARTIES TO THE CONTRACT HAVE GIVEN THEIR CONSENT ON THE DAY, MONTH AND YEAR OF ACCESSING THE WEBSITE www.surgeautomobiles.com AND ACCEPTING ITS TERMS AND CONDITIONS, RULES AND REGULATIONS AND RELATED LEGAL DOCUMENTATIONS.

PARTY OF THE FIRST PART

PARTY OF THE SECOND PART

CONSENT OBTAINING FORM

Hero MotoCorp Limited,
The Grand Plaza, Plot No.2,
Nelson Mandela Road,
Vasant Kunj - Phase -II,
New Delhi - 110070

SUBJECT: CONSENT OBTAINING FORM UNDER RULE 5 & 6 OF THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES, 2011

Sir,

I being the visitor to the website https://www.surgeautomobiles.com and/or legal person who is either a new user or a registered user on the website https://www.surgeautomobiles.com hereinafter referred to as the Party of the Second Part, which expression shall, unless repugnant thereto, shall include and mean all its legal representatives, executors, successors and assigns, would like to submit as under:-

1. That I would like to enter into a legal business relationship with your company.

0. That in regard to the same, I understand that your company is required to collect my information including my sensitive personal data within the meaning of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

0. I hereby give my absolute, unconditional and unequivocal consent, approval and prior permission to your company to collect my data including my sensitive personal data and information, within the parameters of prevailing law for the time being in force including the Indian Information Technology Act, 2000 and the rules and regulations made thereunder. My absolute, unconditional and unequivocal consent, approval and prior permission as mentioned in this paragraph has been given, out of my own sweet will and volition and without any outside force, coercion or influence of any kind whatsoever, within the meaning of Rule 5 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.

0. I understand that my data including my sensitive personal data and information is being collected for the performance of the aforesaid legal business relationship and also for the performance of statutory obligations imposed upon your company as an intermediary under the Indian Information Technology Act, 2000.

0. I further undertake that I shall have complete rights to withdraw my consent at any point of time in the future within the parameters of the existing law. As and when I would be required to do the same, I will then appropriately exercise my option in this regard.

0. Till such time as I do not withdraw my aforesaid consent, I declare and undertake that my absolute, unconditional and unequivocal consent, approval and prior permission as given above, has been given without any restriction, qualification or condition of any kind whatsoever and shall continue to be binding on me for all times to come.

Visitor to the website www.surgeautomobiles.com and/or legal person who is either a new user or a registered user on the website www.surgeautomobiles.com, being the Party of the Second Part,, which expression shall, unless repugnant thereto, shall include and mean all its legal representatives, executors, successors and assigns, would like to submit as under:-

1. That I would like to enter into a legal business relationship with your company.

Visitor to the website www.surgeautomobiles.com and/or legal person who is either a new user or a registered user on the website www.surgeautomobiles.com, being the Party of the Second Part,