Acceptance of Terms of Use

These websites www.chetak.com/global is owned, maintained and administered by Chetak Technology Limited or Bajaj Auto Limited (hereafter called the “CTL”, “BAL” or “Company”, as a case may be). Anyone accessing to the websites without regard to his or her level of participation shall hereinafter be called “User”.

These Terms of Use set forth the legally binding terms governing access to and use of our websites, (hereafter called the “Websites” or “Platforms”) and, unless otherwise indicated, any other interactive contents that link to the Websites by the User WHO IS IN THAILAND AT THE TIME OF SUCH ACCESS OR USE. If the User is not an intended User, other terms of use available for your country or jurisdiction shall be applicable.

Please note that Websites and Platforms may contain links to other Apps / Websites, domains, web pages, applications, widgets, or blogs of third-party service providers over which we have no control (“Other Sites”). Other Sites may have separate terms of use that apply to the access and use of those Other Sites and the User’s access to such Other Sites is also subject to that Other Sites terms of use. To the extent that any provision of these Terms of Use conflict with the Other Sites’ terms of use, the Other Site's terms of use shall prevail.

Access to the Websites shall be subject to the following Terms of Use, as well as to all applicable laws and regulations. PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITES AND ANY INFORMATION CONTAINED THEREIN. BY ACCESSING OR USING THE WEBSITES IN ANY MANNER, CTL/BAL SHALL DEEM THAT THE USER AGREES TO BE BOUND BY THESE TERMS OF USE. If the User does not accept any of these Terms of Use, please discontinue the User’s access to or use of the Websites immediately.

The contents are including, but not limited to information, data, text, graphics, audio, video, links, advertisements or other items, in connection with products, features, applications, widgets etc. that are available on the Websites (hereinafter called “Contents”) may be changed, modified, supplemented or updated at any time without prior notification. Unless otherwise indicated, any new Contents added to the Websites will also be subject to these Term of Use effective upon the date of any such addition. CTL/BAL may at any time revise or make any changes to these Terms of Use by posting the updated version on the Websites, which shall be effective immediately upon such posting. CTL/BAL has no obligation to separately inform the User of any such revision or changes and it is the User’s responsibility for regularly reviewing these Terms of Use. To the fullest extent permitted under applicable law, continued access of the Websites after the revised or changed Terms of Use have taken effect will constitute the User’s unconditional acceptance of such revised or changed Terms of Use.

The User’s personal data may be collected, used, processed or transferred during the access to or use of the Websites and the terms and conditions for the collection, use, process and transfer of that personal data shall be subject to the Privacy Policy that is announced to apply with the Websites as at date of access or use and that its terms are made part of these Terms of Use, and the User shall accept the Privacy Policy separately from these Terms of Use. To view CTL/BAL’s Privacy Policy, click here

PLEASE NOTE THAT THE WEBSITES ARE MERELY INFORMATIVE WEBSITES THAT PROVIDE INFORMATION RELATED TO THE COMPANY AND THE PRODUCTS OF THE COMPANY ONLY WITHOUT CONSTITUTING ANY OFFER FOR SALE OF ANY PRODUCT OR SERVICES BETWEEN THE COMPANY AND THE USER, AND ARE OPEN FOR PUBLIC ACCESS. NO FEATURES, SERVICES, APPLICATIONS AND WIDGETS WILL BE AVAILABLE, PROVIDED OR OFFERED TO THE USER ON THE WEBSITES.

Disclaimer

The User understand and agree that accessing these Websites from any country or jurisdiction where the Contents are deemed illegal or unlawful is prohibited. If the User chooses to access the Websites from elsewhere other than Thailand, he or she does so at his or her own risk of volition of laws and is responsible for compliance with local laws in the country or jurisdiction of such access.

The User understands and agrees that these Websites’ Contents are provided “as is” and on an “as available” basis without warranty of any kind, and CTL/BAL gives no representation and warranty, express or implied, as to suitability, reliability, availability, timeliness, accuracy, completeness or adequacy of such Contents displayed, transmitted, or otherwise made available on the Websites, and agrees that the User relying on Contents from the Websites does so at his/her own risk.

CTL/BAL disclaims any liability, expressed or implied, for any punitive, incidental, special, consequential damages or any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, arising from the access to or the use of these Websites, including, without limitation, damages for loss incurred from the performance of Websites, the delay, inability or suspension of operation of the Websites, any changes to the Contents, the provision or failure to provide information etc.

CTL/BAL disclaims all warranties and conditions with regard to the Contents, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

There may be Contents displayed on the platform of certain Distributors, Dealers. CTL/BAL disclaims the correctness, viability, availability, merchantability or fitness of such Contents, and also hereby declares that the Distributors, Dealers are not CTL/BAL agent, associate, partner, joint venture, employee or principal. CTL/BAL does not provide any guarantee or warranty or any representation on behalf of any of the Distributors, Dealers,.

Advice received via the Platforms should not be relied upon for personal, legal, commercial or financial decisions and the User should consult an appropriate professional for specific advice tailored to his or her situation.

CTL/BAL does not warrant that access to the Websites are free from viruses or other destructive materials from his or her access. CTL/BAL shall not be liable for any damage caused to the User's hardware or software as a result of the User's access to or use of the Websites. In addition, CTL/BAL does not warrant that the User will be able to access any of Websites and will not be liable for any damages suffered by the User as a result of not being able to access such Websites.

In the event any third-party website, platform or mobile application purports to be the Websites and the User submits their information on such website, platform or mobile application, CTL/BAL disclaims any liability in the event the User suffers from any breach of his or her information if such breach occurs through a website, platform or mobile application not owned or operated by CTL/BAL.

Consent of age by User

The User can access the Websites without subject to condition of age.

However, CTL/BAL reserves the right to refuse or deny the use or an access to the Websites at any point of time if any User is found to have misrepresented or misused the Websites or any feature of the Websites.

Fair usage by User

The User agrees that these Websites are online platforms for informational purposes only, which may be periodically enhanced, amended, or corrected to improve the User’s experience. The User warrants that he or she is not disseminating malicious code or deploying bots to the website. The User is responsible for ensuring his/her browser / operating system is up-to-date and free from viruses

Cookies

The User acknowledges and agrees that when he/she visit the Websites, the Websites may store some unharmful information on the User’s and computer, mobile or other accessible devices in the form of a "cookie" or similar file. These files allow the Websites to tailor the Websites to reflect the User’s listed or historical preferences. Most Web browsers allow the User to exercise control over such files on their computers, mobile or other accessible devices by erasing them, blocking them, or notifying the User when such a file is stored. The User is asked to refer to his or her browser's instructions to learn about those functions.

Product Details

While CTL/BAL takes utmost care to provide most accurate Contents on the Websites to the Users, CTL/BAL does not warrant that product / vehicle names, description, prices, images or other content of the website is accurate, complete, reliable, updated, or error-free and assumes no liability in this regard. The product details are provided “as is” and on an “as available” basis without warranty of any kind and we are not responsible for typographical or photographic errors. The User shall validate the exact product specifications, prices and associated information by directly contacting or visiting the selected dealership/distributor in person. All Contents in relation to the Product Details contained on the Websites are for informational purposes only, and in no way constitutes an offer or acceptance to enter any transaction for the vehicles or services.

The product information and details provided on the website is for personal, non-commercial use only.

Dispute Resolution, Applicable Law and Jurisdiction

Any dispute arising out of the use or access to the Websites shall be dealt with according to CTL/BAL company policy. Subject to the mandatory provisions of Thai law which may be applicable to matters and disputes and without prejudice to mandatory conciliation procedures, Thai courts shall have the exclusive jurisdiction to deal with any dispute arising out of or in connection with the use or access to the Website.

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of Thailand.

Indemnity

The User hereby agree to indemnify and hold harmless CTL/BAL, its affiliates, officers, directors, employees, consultants, licensors, agents and representatives from any and all claims, losses, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) his/her visit or access to or use of the Websites, (ii) violation of the Agreement, (iii) infringement, or infringement by any other user of their account with CTL/BAL, (iv) action or inaction on behalf of CTL/BAL’s third party affiliates, manufacturers, vendors, suppliers and logistic partners in providing services; and (v) infringement of any intellectual property or other right of any person or entity. CTL/BAL shall notify the User promptly of such claim, loss, liability, or demand, and in addition to the User’s foregoing obligations, the User agrees to provide CTL/BAL with reasonable assistance, at the User’s expense, in defending any such claim, loss, liability, damage or cost.

Liability

The User acknowledges and undertakes that he/she is accessing the Websites, at his/her own risk and that he/she is using prudent judgment in relying on the Contents available on the Websites. CTL/BAL shall, at no point, be held liable or responsible for any representations or warranties in relation to the products.

CTL/BAL does not provide or make any representation, warranty or guarantee, express or implied about the Websites, products, and all implied warranties under law or contract are to the maximum extent possible hereby disclaimed.

CTL/BAL disclaims any liability in relation to the Websites. The User shall have the sole responsibility to bear the liability towards any third-party vendor products or services availed by the User, if any, arising out of any third-party services availed of by the User accessible via the Websites or outside of it.

Force Majeure

Neither CTL/BAL nor the User shall be considered in breach of these Terms of Use to the extent that performance of their respective obligations is prevented by Force Majeure Event that arises due to restriction imposed by the government, Act of legislative or other authority, war situation , trade restriction by the government, unprecedented economic situation, civil commotion, explosions, epidemics, quarantine restrictions, strike, lockout or acts of God etc. that affects the ability of a CTL/BAL or the User to perform its/his/her obligations as envisaged herein.

Trademark, Copyright and Restriction

These Websites are controlled and operated by CTL/BAL. All Contents and materials on these Platforms, including images, product details, dealership/distributor details, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights.

Contents and materials on the Websites are solely for the User’s personal, non-commercial use. The User must not copy, reproduce, modify, republish, upload, post, transmit or distribute such Contents or materials in any way, including by email or other electronic means and whether directly or indirectly and the User must not assist any other person to do so. Without the prior written consent of CTL/BAL, modification of the Contents or materials, use of the Contents or materials on any other platform or networked computer environment or use of the Contents or materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other intellectual and industrial rights and is prohibited. Any use for which the User receives any remuneration, whether in money or otherwise, is a commercial use for the purposes of this part.

Specifically for trademarks, the names associated with the products, partners and suppliers mentioned in the Websites may be trademarks of either CTL/BAL or its dealership/distributor, affiliates or business partners. The User shall not use any trademark displayed on the Websites without the express written consent of the relevant owner of such trademark.

All content published or otherwise accessible through this printed communication is protected by copyright. The content, and the copyright in the content, are owned or controlled by CTL/BAL, or dealership/distributor or dealership’s/distributor’s content suppliers. The User may only use or reproduce the content for your own personal and non-commercial use. The content may not be otherwise used, reproduced, broadcast, published or retransmitted without the prior written permission of the copyright holder. The User must abide by all copyright notices, information and restrictions contained in any content on or accessed through this Websites and maintain such notices in the content.

Severability

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.