Customer T&Cs

We at Hero MotoCorp Limited thank you for your purchase of VIDA Edge subscription plan (“plan”).
Before using the services being offered through the plan, we would request you to review the following terms in relation to the same -

1. Eligibility: This plan is exclusively available to owners of two-wheeler electric vehicles manufactured by Hero MotoCorp under the VIDA brand.
2. Subscription Period: This plan is valid for a period of twelve (12) months from the date of purchase or activation, whichever is later.
3. Activation: This plan will be activated within twenty-four (24) hours from the time of purchase, subject to verification of required documents (if any). For any issues related to activation, please call us on 1800-266-8432 or write to us at response@support.vidaworld.com
4. Payment and Usage Restrictions: Once purchased, the plan cannot be cancelled or transferred to another person. All payments in relation to the plan are non-refundable. 
5. Connected Features: During the plan’s validity, you get exclusive access to Vida’s premium connectivity features.
6. Other Terms: The services and features available through the plan are subject to you accepting the detailed terms and conditions available at https://www.vidaworld.com/smart-features.html, which shall govern the plan. We reserve the right to modify such terms at any point of time.

Thank you for using the Vida Edge (together with any related websites, and our smart device applications, the “App”). The App is owned, maintained, and operated by Hero MotoCorp Limited (“We”, “Us”, “Our” or “Hero”) and enables you (“You” or “User”) to use any current or future service or functionality or offer made available on the App (“Services”)

We are publishing these Terms of Use in accordance with the provisions of Information Technology Act 2000 and related amendments, to govern your access to and use of the App and the Services.

These Terms of Use include and incorporate by reference, Privacy Policy and Disclaimer, (as amended and/or supplemented from time to time, collectively referred as the “Terms”), and constitute a legally binding document between You and Us. These Terms lay out the terms, conditions and rules which shall be applicable to your access and use of the App, and availing/ applying for/ use of Services. By accessing or using the App or the Services, you agree to be bound by these Terms. If you do not agree to our Terms, you must not access or use the App.

For ease of reference, these Terms of Use are divided into two parts, (i) Part A containing the general terms of use applicable to the App as whole; and (ii) Part B which contains the terms and conditions specifically applicable for the Services provided through the App. With respect to the Services, Part B shall apply along with Part A of these Terms of Use.

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 App.

Part A - General Terms of Use

Eligibility as a user

Use of this App is allowed only to persons who can form a legally binding contract under the Indian Contract Act, 1872.

Charges for app’s usage

Hero does not charge any fee for downloading and browsing the App. Notwithstanding the above, Hero may charge a fee for the Services availed through the App.

Your rights as a user

Your compliance of the Terms provides You with a limited, personal, non-exclusive, non-transferable privilege to enter and use the App and its Services. Your use does not convey to You any rights of ownership in or related to the App or its Service. You are also prohibited from making any commercial/ business use of the App or its Services.

Your obligations

In order to use the App, You agree to:

1. Provide true, correct, current, complete information, and to keep all such information up to date.
2. Maintain the confidentiality of your user ID/your account/display name and password.
3. Restrict access to your mobile device, computer or any other device used to access the App and prevent unauthorized access to your account.
4. Exit and log-out from your user account at the end of each log-in session.
5. Not use any other user’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account.
6. Not host, display, upload, modify, publish, transmit, update or share any information which:

• Belongs to another person and/or to which You do not have any right to use;
• is grossly harmful, harassing, blasphemous, defamatory, obscene, sexually explicit, menacing, libellous, invasive of another's privacy, hateful, disparaging, or otherwise unlawful in any manner whatsoever; 
• is false, inaccurate or misleading in any way;
• promotes illegal activities;
• infringes upon, or violates any of Hero’s or any third party’s intellectual property and proprietary rights under any patent, trademark, copyright, trade secret; 
• infringes upon or violates any third party’s rights of privacy (including without limitation unauthorized disclosure of a person's name, email, address, or phone number) or rights of publicity;
• interferes with another user’s use and enjoyment of the App or any other individual’s user and enjoyment of similar Services;
• refers to any App or URL that, in our sole discretion, contains material that is inappropriate for the App or any other app, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
• 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; or
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order; or

In furtherance of the above, You understand, acknowledge and agree that You have a responsibility to inform Us immediately if You have any reason to believe that: (i) your password has become known to anyone else, or if your account is being, or is likely to be, used in an unauthorized manner, or (ii) any content on the App is violating the Terms of Use.. 

Intellectual property rights & restrictions

All content included on the App, such as text, graphics, user interfaces, logos, artworks, designs, button icons, images, audio clips, sounds, music, digital downloads, trademarks, service marks, trade names, utility models, data compilations, databases, know-how, trade secrets, patents, inventions (whether patentable or not), goodwill, source code, meta tags, hyperlinks, and software, are the property of Hero and/or, its affiliates or its content suppliers and are protected under trademark and copyright laws and other relevant law(s), as applicable from time to time. These Terms do not convey to You any intellectual property rights owned or licensed by Hero.

You shall not either directly or indirectly:

1. Copy, extract, re-utilise, duplicate, sell, resell, visit, reproduce, republish, translate, transmit, distribute, upload post, or publicly display, encode, parts of the contents of the App without Hero and / or its affiliates’ (as may be applicable) consent/permission. 
2. Utilise any data mining, robots, or similar data gathering and extraction algorithms, program and tools to modify, extract (whether once or many times) for re-utilisation, decompile, or dissemble any parts of this App. 
3. You also understand, acknowledge and agree that Hero will retain intellectual property rights in any texts, images, documents, audio, or video that has been generated by your usage of the Services and shared by You in the form of your feedback (“Feedback”). Further, by providing the Feedback, You grant Hero, affiliates, subsidiaries, group companies and sub-licensees the right to develop, modify, publish, and distribute the Feedback.

Liability

User, by the use of this App, assumes full responsibility for all risks associated in connection with use of this App and/or the Services. As such, any material and/or data downloaded or otherwise obtained through the App is done entirely at User’s own discretion and risk. 

User shall solely be responsible for 

1. Any damage to computer systems or loss of data that results from the download of any material and/or data downloaded or otherwise obtained through the App; 
2. Losses incurred by Hero or any other user of or visitor to the App due to someone else using your ID, password or account as a result of your failing to keep your account information secure and confidential; or
3. Any violation of any law and infringements of any intellectual property rights caused by use of the Services on the App.

Hero shall not be liable for any damages of any kind arising to You from: 

1. The use of the App, or from any information, content, materials, products (including software);
2. Failure of performance, error, omission, inaccuracy, interruption, deletion, defect or delay in operation or transmission due to computer virus, communication line failure, theft or destruction unauthorized access, or alteration included on or otherwise made available to User through the App;
3. Non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the App that may occur due to technical reasons or for any reason beyond Hero’s control; or 
4. Defamatory or offensive or illegal conduct of other users or third parties.
5. We shall not be responsible for your use of any unauthorized and/or illegal versions of the App that may be unlawfully created by a third party including but not limited to the download of any unauthorized version of the App from third party application stores and/or any other medium.

Limitations of liability

1. In no event shall HERO be liable to you for any special, incidental, punitive, exemplary, indirect or consequential damages of any kind in connection with these terms of use, and other policies associated with it.
2. Without prejudice to any liability exclusions containes hereunder, in the event HERO is found to be liable for any damage or loss occurred to you arising out of or in is in any way connected with your use of the app, the aggregate liability of HERO and any of its affiliates to you will not exceed the aggregate of the amounts paid by the user as service fee in the 1 month prior to the date of initial claim. 

Indemnity

You shall indemnify, defend and hold harmless Hero, its management, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees absolutely and unconditionally, from any liability, claim or demand, actions, including third party claims or penalty and or expenses including reasonable attorneys' fees,  imposed due to or arising out or in connection with the of your use of the App, your breach of these Terms 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 and unconditionally 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 any third party or vendors of Hero and specifically waive any and all claims or demands that You may have in this behalf under any statute, contract or otherwise.

HERO’S rights with respect to your use

If You are found to be in breach of these Terms, applicable law, or other rules and policies or if We are unable to verify or authenticate any information You provide or if Hero, in its sole discretion, determines that your actions may cause legal liability for You, other users or Us, Hero, may with immediate effect undertake any of the following:

1. Limit your account activity, remove your information, temporarily/indefinitely suspend, terminate or block your login, and/or refuse to provide You with access to this App;
2. 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; or
3. Obtain any injunctive or equitable relief that Hero deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Hero may have at applicable law or in equity.

You acknowledge that Hero may inspect and investigate your account, your activity, and your usage of the App.

Termination of usage of the app

You agree that Hero may, in its sole discretion and without prior notice, terminate your access to the App in any of the following events: 

1. requests by law enforcement or other governmental authorities;
2. Discontinuance or material modification of the App or any of its Services; or
3. Any suspected or actual breach or violation of the Terms by You .

Not with standing anything to the contrary contained herein, You can also deregister and delete your account from App with or without any cause /reason.

Disclaimers

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 App is at your sole risk. Hero does not warrant that this App will be uninterrupted, error free, or constantly available, or available at all or that any information on this App is complete, true, accurate or non-misleading.

While Hero shall make all reasonable measures to protect its App from any viruses, unauthorized access, modification, deletion, unplanned downtimes, cyberattacks or other illegal use of its App, however, We do not warrant that this App, and/or information, content, materials, product (including software) or Services included on or otherwise made available to You through the App; its servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on App constitutes or is meant to constitute an advice of any kind.

Assignment

You cannot assign or otherwise transfer your obligations under these Terms of Use, or any right granted hereunder to any third party.

Severability

If any of these terms is deemed to be invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of remaining terms.

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 these Terms of Use.

Electronic communications

When You visit the App 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 App or via any other mode of communication. 

Dispute resolution

These Terms shall be construed and the legal relations between You and Hero hereto and shall be determined and governed according to the laws of India. Any dispute relating to enforcement, interpretation or application of these Terms of Use shall be subject to arbitration by a single arbitrator. The seat and venue of arbitration shall be at New Delhi. The arbitration proceedings shall be in accordance with the Arbitration and Conciliation Act, 1996 and its allied rules as amended from time to time. Subject to the arbitration provision herein, the Parties submit to the exclusive jurisdiction of the courts at New Delhi. 

Third party websites/links

The App and Services may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to the visitors. Such Linked Sites are not under Hero’s control, and Hero is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. Such Linked Sites may also be subject to different terms and conditions and privacy policy. You agree that You will be solely responsible regarding your access and use of these Linked Sites and make your own independent judgment regarding your interaction with these Linked Sites.

These terms may change

We reserve the right, at our sole discretion, to change, modify, add or remove portions of the Terms 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 App. Your continued access and use of the App means that You agree to the changes, modifications, additions, and omissions in the Terms made by Hero. 

Grievance

Any grievances by way of your use of App 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. The details of the Grievance Officer are as follows:

Grievance Officer

Email: response@support.vidaworld.com

Part B - Terms for Availing Services through the App

The App makes available several Services and features which are exclusively available for Hero’s two-wheeler electric vehicle under the VIDA brand. Such features and Services include, but are not limited to:

• Safety & Security: Safety and security features pertaining to individual and/or vehicle;
• Navigation: Assistance for vehicle navigation;
• Remote Control: Controlling some vehicle functions remotely;
• Media Control: Music and media control features within vehicle; 
• Roadside Assistance: Requesting for roadside assistance; and
• Vehicle Management: Information related to service records and/or information related to vehicle health
• Smart Phone connectivity: Accessing vehicle features through your smartphone

Hero may add, modify or remove any of the features or Services being made available through the App. Before You avail any Service, You need to understand the functionality and the dependencies of the same as available on the App.

User’s obligations & terms for availing services

• The User hereby agrees to avail the Services in accordance with the following terms and conditions and below understanding:
• You undertake to abide by all procedures and guidelines, as notified to you and as modified from time to time, in connection with the use of the Services offered through the App. 
• You further undertake to comply with all applicable laws, regulations, orders, directions etc. issued by the extant governmental authorities.
• You represent and warrant that You have all legal rights to avail the Services.  
• You acknowledge that the use of some Services attracts certain fee and You shall be liable for payment of such fee. All fee payments will be at actuals. 
• Hero further reserves the right to alter any and all fees for Services, from time to time without prior notice.
• Any increase in the price charged by Hero on account of change in rate of taxes or imposition of new taxes, levies by the Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.
• The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services, as per the applicable law. 
• Without prejudice to other rights as may be available to Hero, Hero reserves the right to suspend the Services or a portion thereof or initiate a legal action or claim against a User who fails to pay the charges.
• The User acknowledges that the App has tied up with certain third parties (“Third Party Vendors”) in order to facilitate your use of certain Services or features You hereby agree to (i) be bound by the terms and conditions and the privacy policy of such Third Party Vendors, as applicable to You, in addition to the Terms stated herein, (ii) your personal data including sensitive personal data or information being transferred to, processed and used by, such Third Party Vendors in connection with the Services.
• We may, at our sole discretion and without any notice, change or replace such Third Party Vendors however your obligations with respect to such changed or replaced Third Party Vendors shall remain the same, unless explicitly varied herein 

Payments for services on the app

After online payment for the Services, the App will generate an invoice which will have a reference number for the payment made. The User may use the reference number and invoice to communicate with the Hero for correspondences. You acknowledge Hero is not obligated to make any refunds for the payments made by You.

You acknowledge that Hero will not be storing any payment related information like bank details (i.e. credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc.) on its records and no personnel of Hero will be exposed to this information.