1. General Terms
1.1 You may use the Website, access the features and services only in accordance with and subject to these Terms and all applicable laws.
1.2 These Terms constitute a valid and binding agreement between the Company and you, and are enforceable against you.
1.3 You represent that:
(a) you are at least 18 (eighteen) years of age
(b) you have the capacity to form a binding contract; and
(c) all the information, data and other materials you provide on the Website or to the Company through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on the Website, as appropriate.
1.4 If it is discovered or brought to our notice that you cannot form legally binding contracts, we reserve the right to refuse to provide you with access to the Website and/or cancel or refuse your registration, as we may deem fit.
1.5 Limit to Indian Users: The Website can be viewed anywhere in the world but is intended for use only in India. The Website contains information regarding the Company, its products, its services, some features and promotional programs. The products and services described in the Website relate only to Indian specifications and are offered only for India. The promotional programs described on the Website are available only in India and all pricing information referred to in this Website is in Indian currency.
2.1 Features: [In addition to the description of the products and service, through the Website, all Users may have access to information (as available) such as:
(a) Description and history of Toyota;
(b) Dealer application form;
(c) Company media center.
2.3 Disruption in offerings
(a) Provision of information on products, services and features by us will be made in accordance with these Terms. The Company makes no guarantee as to quality of the services and features available on the Website on a 24x7 basis, and makes no promise of providing uninterrupted access to the Website. Disruption of access to the Website and/or its services and features may arise due to technical or operational difficulties, and no prior notice of downtime will be given to you in such circumstance.
(b) The Company also reserves the right to suspend access to the Website for specific Users, either permanently or temporarily, for any reason whatsoever, including while investigating complaints and alleged violation of any of the Terms.
2.4 Company Affiliates: The Company is not affiliated with websites or third parties that sell or advertise the products without a written agreement with us. The Company is not responsible for any representations by unauthorized sellers.
3. Intellectual Property
3.1 The Website contains copyrighted material, trademarks, proprietary information and other intellectual property owned by the Company or its licensors (which includes affiliates of the Company or any third parties). It is clarified that no title to or ownership in the products or services and such copyrighted material, trademarks, proprietary information and other intellectual property will be transferred to you. All intellectual property rights, including all applicable rights in patents, copyrights, trademarks, including any course content, images, photographs, animations, video, audio, text and applets, etc. incorporated into the products, will remain with the Company.
3.2 Except for the information which is in the public domain, you agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any copyrighted material, trademarks, proprietary information and other intellectual property available on the Website. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license to the Company or any third party's intellectual property rights. Any use of the Website or its contents (i.e. any information, text, graphics, drawings, videos, images or other materials shared, posted or uploaded by the Company) without the Company's permission is prohibited.
3.3 As the sole exception to Paragraph 7.2 above, visitors to the Website are welcome to download any material contained in it for personal, non-trading use only, so long as all copyright or other notices are not removed or altered.
3.4 The Website may be accessed from anywhere in the world, but is intended for use in India only. We do not make any representation that these materials are appropriate or available for use in other locations.
4. User Obligations
4.1 You are responsible for obtaining access to the Website, and that access may involve third party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. You may not bypass any measures that have been implemented to prevent or restrict access to this Website. Any unauthorized access to the Website by you (including any such access or use that involves in any way your User Account or any device you may use to access the Website) shall terminate the permission or license granted to you by the Company.
4.2 While accessing the Website or any service or feature, you agree that you will not:
(a) upload, post or transmit any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;
(b) use any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Website;
(c) do anything that imposes or may impose an unreasonable or disproportionately (in the Company's sole discretion) large load on the Company's infrastructure, or damage or interfere with the proper working of our infrastructure;
(d) download, copy or use any content from the Website (any information, text, graphics, drawings, videos, images or other materials shared, posted or uploaded by the Company) for purposes competitive to the Company or for the benefit of another vendor or any third party;
(e) modify or make any alterations, additions or amendments to the products, services and features available on the Website; or
(f) rent, distribute, copy, reproduce, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content (any information, text, graphics, drawings, videos, images or other materials shared, posted or uploaded by the Company.
4.3 By submitting, posting or displaying Content on or through the Website, you agree to grant the Company a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
4.4 By uploading Content to the Website, you represent, warrant and agree that you have the right to grant the Company the license described above. You also represent, warrant and agree that you have not and will not contribute any Content that:
(a) infringes any copyright, patent or trademark or other proprietary rights of another party;
(b) reveals any trade secret, unless you have been permitted to do so;
(c) is libellous, invasive of another's privacy, paedophilic, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise in violation of any law or right of any third party;
(d) creates an impression that is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity;
(e) contains or links to a virus, trojan horse, worm or other computer programme that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
(f) infringes a patent, copyright, trade secret or other intellectual property right. We are not liable for any such infringement arising out of Content posted on, or transmitted through, the Website.
4.5 By using the Website, you agree that you will not scrape or attempt to scrape or extract any data available on the Website. You also agree that you will not use the Website for throttling or any other purpose that may impair the performance or functionality of the Website.
4.6 Use of any content (i.e. any information, text, graphics, drawings, videos, images or other materials shared, posted or uploaded by the Company) for any purpose not expressly permitted in these Terms is prohibited. When any content (i.e. any information, text, graphics, drawings, videos, images or other materials shared, posted or uploaded by the Company) is downloaded to your computer, you do not obtain any ownership interest therein.
4.7 The Company reserves the right in its discretion to remove any Content from the Website, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
4.8 Independent Contractors: You acknowledge that your usage of the Website does not constitute a joint venture, partnership, employment or agency relationship between you and the Company. You agree not to hold yourself as a representative, agent, or employee of the Company and the Company shall not be liable for any representation, act, or omission of the User.
You hereby agree to keep and hold the Company, its parents, subsidiaries, directors, officers and agents, fully indemnified and harmless from and against all liabilities, losses, claims, costs and/or expenses arising out of or in relation to the use of the Website by you or your breach of these Terms or any applicable law, including but not limited to you providing any false or incorrect information.
Any violation or breach of these Terms may lead to automatic suspension or termination of your User Account or access to the Website by the Company, and we will not be responsible or liable for any damages in this regard.
7. Dispute Resolution
These Terms shall be governed by and interpreted in accordance with the laws of India and all disputes or proceedings arising hereunder shall be subject to the exclusive jurisdiction of the courts in Ram Nagar Taluk Bangalore / Bengaluru (India).
8.1 You may not assign or otherwise transfer your rights or obligations under these Terms. The Company may assign its rights and duties under these Terms without any such assignment being considered a change to the Terms and without any notice to you.
8.2 Any notices or other communications that you wish to send to the Company may be addressed to the Registered Office.
9. Grievance Officer
In accordance with the requirements under the Intermediaries Rules, the name and contact details of the Company's grievance officer is provided below (Grievance Officer). If you have any concerns or questions in relation to these Terms, you may address them to the Grievance Officer at:Toyota Kirloskar Motor Private Limited ,
TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED
Plot No 1, Bidadi Industrial Area,
Ram Nagar Taluk Bangalore / Bengaluru
10. Contact Us
10.1 This Website is only for information purposes and you could contact us by clicking on the "Contact us" link available on the home page of the Website.
10.2 Should you have any complaints regarding the Website, including but not limited to abuse and misuse of the Website, copyright infringement and the like, or any issues related to data privacy or for any other practical and legal issues please address your communication by certified mail to Voc@toyota-kirloskar.co.in or call us at 1800 889 8182. You will be required to provide your name, email address, physical address, and contact numbers so that the Company may be in a position to verify details or check the authenticity of the complaints.
TERMS AND CONDITIONS OF SELLING VEHCILES ONLINE
https://wheelsonweb.toyotabharat.com/ (the "Website") is owned by Toyota Kirloskar Motor Private Limited ("Toyota Kirloskar Motor Private Limited" or "us" or "we" or "our") having its registered office at TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED Plot No 1, Bidadi Industrial Area, Ram Nagar Taluk Bangalore / Bengaluru Karnataka, 562109
1. THE PURPOSE OF THESE TERMS
These are the terms and conditions on which Toyota Kirloskar Motor Private Limited will allow you to (i) Book (when available) and/or (ii) order /purchase a Toyota vehicle online directly from us. Through this Website, you may also select additional options with selected Toyota Kirloskar Motor Private Limited partners such as:
- Finance partner ("Finance Partner")
- Value Added Services ("Toyota Genuine Accessories, Smiles Plus, Extended Warranty"); and
- Toyota's insurance partner ("Insurance Partner").
Additionally, you may also get an estimated valuation for your current vehicle that you intend to sell while purchasing a new Toyota vehicle, with our trade-in partner. Please read these terms carefully before you submit your Booking or your order. These terms and conditions (the "T&Cs") tell you:
- who we are;
- how and on what terms the Dealer will supply the new vehicle to you;
- how and on what terms Toyota Kirloskar Motor Private Limited Dealers may provide you with their services (if selected by you and validated by the relevant TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED PARTNER(s))
- how you and we /Dealer may change or cancel your order; and
- what to do if there is a problem with the purchase of the new Toyota vehicle and other important information.
2. BOOKING / BUYING YOUR TOYOTA VEHICLE ONLINE
To Book and/or Buy your vehicle online (including selecting any additional option provided through our partners), you must be over age of 18 years and holder of documents required to register the vehicle. Other terms and conditions will apply.
- Toyota Kirloskar Motor Private Limited for T&Cs of Vehicle Warranty Conditions
- Toyota Kirloskar Motor Private Limited Dealer (i.e. via one of our Dealer) for T&Cs of Value Added Services, Registration, Road Tax, Delivery.
The Customer needs to make payments towards Vehicle On Road Price as per the following:
Part A - Vehicle Price Payable to Toyota Kirloskar Motor Pvt Ltd
Part B - Additional Services (Smile Plus, Extended Warranty, Insurance, Accessories, Registration, Road Tax, Delivery Charges, Fast Tag etc.,) Payable to Toyota Kirloskar Motor Pvt Ltd Dealer / Partner
3. ROLES OF TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED , OF OUR DEALERS AND OF TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED PARTNERS
The Website allow you to Book online (when available) and/or Buy online a Toyota vehicle with TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED, or with our Dealers (when available in your city). Based on your location in India, you will be offered the following conditions:
- IF THE SELLING VEHICLE ONLINE OPTION IS AVAILABLE IN YOUR CITY: you will be able to directly order on the Website your Toyota vehicle, select its options, as defined under these T&Cs. Delivery options will be explained during your customer journey. Otherwise, you can also order your Toyota vehicle indirectly via a nearby Toyota Kirloskar Motor Private Limited Dealer, the terms and conditions of the Dealer will apply to your order, as defined in Article 2 of these T&Cs. On our Website, you will be able to place your order for a Toyota vehicle upon payment of the relevant booking fee and Down payment / Full Payment. The remaining Buying steps will be handled between you and the nearby Toyota Kirloskar Motor Private Limited Dealer, under the terms of such Dealer.
- IF YOU ARE NOT NEAR A TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED DEALER: Toyota Kirloskar Motor Private Limited will contact you with relevant options in order to allow you to purchase a Toyota vehicle. In this situation, you will not be able to order online your Toyota vehicle.
When you are placing an order online, you will be offered various options from Toyota Kirloskar Motor Private Limited Dealers.
You can select such options during your Buying experience on the Website. Please note that such options are not provided by Toyota Kirloskar Motor Private Limited itself but by Toyota Kirloskar Motor Private Limited partners.
Accordingly, acceptance of your request is subject to the relevant TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED PARTNER(s) terms and conditions and Toyota Kirloskar Motor Private Limited will have no liability whatsoever towards you in relation with such transaction(s).
By offering such options, we or the Dealer / Partner (as applicable) may receive a fixed commission for these introductions or no commission at all. This may be in the form of a standard amount e.g. based on a fixed fee or fixed interest rates, campaigns or targets agreed between Toyota Kirloskar Motor Private Limited and the relevant TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED DEALER / PARTNER.
If you purchase your new Toyota vehicle online while selecting the Finance Partner option on this Website, Toyota Kirloskar Motor Private Limited Dealer (as applicable) acts as an agent in respect of the Finance Partner availed by you, and the Finance Partner is the lender if your application is accepted.
4. AVAILABILITY OF OUR WEBSITE TO ORDER VEHICLES IN INDIA
Our Website can be used to Book (when available) and/or to order/purchase Toyota vehicles.
The Online purchase of a vehicle from Toyota Kirloskar Motor Private Limited or Toyota Kirloskar Motor Private Limited Dealer is subject to a list of selected Indian cities in which Toyota vehicles can be ordered online.
The list of Indian cities is available on the Website and will be updated from time to time by Toyota Kirloskar Motor Private Limited at its own discretion. Delivery of the Toyota vehicle is done based on the limits decided by Toyota Kirloskar Motor Private Limited .
5. TOYOTA VEHICLES
The Toyota vehicles available to Booking (when available) and/or Buying through our Website are from our current manufacturable range, and may also be built to order vehicles according to your specification.
The images of the Toyota vehicles and the size and dimension icons and indicators on our Website are for illustrative purposes only. Although we have made every effort to display the sizes and colours of our vehicles, accessories and trim accurately, we cannot guarantee that your PC, laptop, tablet, phone or any IT device will display the sizes or colours accurately to reflect the actual size or colour of the vehicles due to various technical and other limitations beyond our control. Your new Toyota vehicle may vary slightly from those images.
6. BOOKING ORDER (IF AVAILABLE)
When available on the Website, you will have the opportunity to Book a Toyota vehicle before and / or while the price is not available yet. If you wish to Book the selected Toyota vehicle, we will do so upon receiving your payment of the minimum Booking amount set by Toyota Kirloskar Motor Private Limited.
Once the Booking is confirmed by us, a reference number of your Booking will be generated and displayed to you. Please keep such reference number and tell us such number whenever you contact us about your Booking.
Following this discussion, you will receive a notification summarizing your selection to proceed with the order/purchase process. Once logged in the Website and with your options defined and the related price displayed, you will be able to proceed with the Order and Purchase Process, as defined below.
7. ORDER AND PURCHASE PROCESS
Before placing an order, you will complete the configuration of your Toyota vehicle and quote on the Website. You will be able to create multiple configurations and quotes on the Website. Please make sure you have selected your final configuration before confirming the order.
When placing the order, you will be required to confirm the following steps:
- Booking through the Website for Part A "via Toyota Kirloskar Motor Private Limited", or through the Dealer
- Preference through the Website for Part B (Optional) "via Toyota Kirloskar Motor Private Limited Dealer" - the selected Dealer will contact you for further process as per your sole discretion.
When placing an order on the Website and after paying the minimum booking amount set by Toyota Kirloskar Motor Private Limited , your order for the Toyota vehicle will be acknowledged online.
By signing these T&Cs, you accept to fully support Toyota Kirloskar Motor Private Limited (and the Dealer, as applicable) with all reasonable requested information and provide any necessary documents as and when requested for completing the purchase process for your new Toyota vehicle.
Once the order is confirmed, a reference number of your order will be shared with you. Please be prepared to tell Toyota Kirloskar Motor Private Limited or the Dealer (as applicable) the reference number whenever you contact us about your order. Once the order process is finalized under the Website, please note that:
- the final delivery of the selected Toyota vehicle is subject to your full payment of the total price i.e., 100% of Part A amount to Toyota Kirloskar Motor Pvt Ltd & 100% Part B payment to Toyota Kirloskar Motor Pvt Ltd Dealer
- Incase If customer is taking loan, Customer has to ensure Part A pending payment to Toyota Kirloskar Motor Pvt Ltd & Part B pending payment to Toyota Kirloskar Motor Pvt Ltd Dealer / Partner
- If you have selected any option provided by a TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED PARTNER, you will be required to provide some information and documents either on our Website and/or to TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED PARTNER. Ultimately and if your request is validated by the TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED PARTNER, you will sign the applicable documents for further processing online and offline with the support of our representative (when applicable). Please note that the option(s) offered by a TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED PARTNER is independent from the terms and conditions applicable between you and Toyota Kirloskar Motor Private Limited or the Dealer (as applicable) for the purchase of a Toyota vehicle. Accordingly, any rejection of your application for any option offered by a TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED PARTNER will have no consequence whatsoever on the contract between you and either Toyota Kirloskar Motor Private Limited or the Dealer (as applicable and defined under Article 2 above) for the purchase of the Toyota vehicle.
Toyota Kirloskar Motor Private Limited and the Dealer accept no responsibility and/or liability for the availability, non-availability or delayed delivery of any Toyota vehicle viewed and/or ordered on the Website.
If your order cannot be accepted for any reason, Toyota Kirloskar Motor Private Limited or the Dealer (as applicable) will inform you of this and let you know of any other ways by which you can obtain your new Toyota vehicle.
Please note that because of Indian legal constraints, Toyota Kirloskar Motor Private Limited will not able to directly sell Accessories while such specific accessories will all be available for sales at our Dealers.
8. PRICING FOR ORDER/PURCHASE
When you order a Toyota vehicle through our Website, you will be provided with information about the price of your vehicle at different stages of your online journey, in accordance with the vehicle options selected.
At the start of your journey, the price displayed against your selected vehicle is the On Road Price (which is Manufacturer's Recommended Retail Price including Ex-showroom, Registration Tax, Registration Charges, Delivery Charges and Value Added Services if opted / applied for). All information and prices at time of publication are subject to change at any time without prior notice (which may occur as a result of matters including, but not limited to, any legal or regulatory changes). As you continue through your online journey, you will need to contact selected Dealer for support in case of any modification with respect to the accessories, insurance plans and additional services.
9. FINANCE PARTNER OPTION*
If you opt for the financing option during the Buying process, please note that
- your application will be assessed by the Finance Partner after your duly provision of the required information and documents; and
- Identification and Credit Checks: we will share the information you provided to us to our Finance Partner. Based on the information provided by you, the Finance Partner will assess your application and may then provide an in-principle/adhoc approval for finance; and
- The final approval on finance will be provided only after all the necessary documents have been duly submitted to the Finance Partner and the due credit process is completed; and
- Providing finance is at the sole discretion of the Finance Partner.
- The finance agreement is between you and the Finance Partner. Toyota Kirloskar Motor Private Limited and the Dealer will have no liability towards this transaction for any reasons whatsoever. (*Please refer to the conditions reproduced at the end of this document).
If you have any further questions in relation to the supply of finance or the finance agreement, please contact our Finance Partner directly with support of our Dealers.
10. INSURANCE OPTION
Kindly note that Toyota Kirloskar Motor Private Limited is a licensed corporate agent (vide IRDAI License No.CA0701). For solicitation of Insurance business PAIPL acts as a corporate agent of the insurance companies If you opt for the insurance option during the Buying process, please note that:
- your application will be assessed by the Insurance Partner after your duly provision of the required information and documents; and
- any insurance quote for the insurance premium option provided through our Website is tentative and subject to change at the time of actual Toyota vehicle delivery date or policy issuance; and
- we will share the information you provided to us to our Insurance Partner. Based on the information provided by you, the Insurance Partner will assess your application and may then provide an in-principle/adhoc approval for Insurance; and
- the final approval on insurance will be provided only after all the necessary documents have been duly submitted to the Insurance Partner; and
- providing insurance is at the sole discretion of the Insurance Partner; and
- the insurance agreement is between you and the Insurance Partner. Toyota Kirloskar Motor Private Limited and the Dealer will have no liability towards this transaction for any reasons whatsoever.
If you have any further questions in relation to the supply of insurance or the insurance agreement, please contact the Insurance Partner directly on customerfirst@Toyotainsurance.in
11. VALUATION OF USED VEHICLE OPTION
After placing an order on the Website, you will be offered the opportunity to use a service offered by a Toyota Kirloskar Motor Private Limited trade-in partner to get an estimated and indicative trade-in valuation for your existing used vehicle.
If you select such option, your information will be sent to the trade-in partner's website and you will be asked to fill up an application form to initiate an estimated valuation of your used vehicle.
Please note that any estimate provided does not comprise any offer to purchase your used vehicle by Toyota Kirloskar Motor Private Limited , any Dealer and/or our trade-in partner and is not intended to be relied upon in respect of any application that you make for financing the purchase of your Toyota vehicle.
After such evaluation, and should you wish to continue, our Dealer / Trade-in Partner will come to evaluate your used vehicle at a mutually agreed location. After such physical evaluation of your used vehicle by the trade-in partner, The subsequent trade in procedure need to be followed as confirmed by the Trade-in partners T&Cs.
If you have used the trade-in option of our partner, delivery of your new Toyota vehicle will be possible only after:
- full completion of the trade-in option process, delivery of the used vehicle with all necessary documents to our trade-in partner; and
- Any other information and/or document requested by our trade-in option partner.
Trade-in shall be completed on receipt of all necessary original documents required as per the process like original Registration Certificate with a clear title (no hypothecation), insurance and PUC - Pollution Under Control documents or any other documents, as required.
Use of the trade-in option is only an option, at your sole discretion and is not part of Toyota Kirloskar Motor Private Limited 's services and shall have no effect whatsoever on the contract between you and Toyota Kirloskar Motor Private Limited or the Dealer (as applicable) for the purchase of a Toyota vehicle. You will have to enter into separate agreement with the trade-in partner to avail such trade-in service.
12. ORDER AMENDMENT
If customer wishes to make a change to Toyota vehicle after placing order through the Website, Then customer needs to login to the Toyota Kirloskar Motor Pvt ltd. website & amend as per the given guidelines. However, Customers are not allowed to make order amendment if the vehicle full payment / down payment has been paid.
Please note that it may not be possible to make your requested change where this would impact on the price of the vehicle and/or affect your finance agreement. Please note that if you change your order in accordance with these T&Cs, you may also need to change your finance plan and/or finance agreement which may require the approval of the Finance Partner.
We may, from time to time, make minor changes to our vehicle specifications to implement small technical adjustments. We will not make any significant changes to your Toyota vehicle unless we have told you about the changes or any delivery or collection date, and have obtained your explicit agreement.
For the sake of this Article, "we" shall refer to either Toyota Kirloskar Motor Private Limited or the Dealer, as applicable as per Article 2.
13. DELIVERY OF YOUR TOYOTA VEHICLE
When you order a new Toyota vehicle online, you will see a date window indicating a tentative date when your vehicle will be available for handover. When your new vehicle is nearly ready we or the Dealer (as applicable) will contact you in order to confirm your details, specific handover date, time (as available).
Safe & Secure Handover adhering to Indian Government COVID-19 Guidelines.
Toyota Kirloskar Motor Private Limited has requested that all its Dealers, delivery partners and business partners to operate in strict accordance with the Government's guidelines for deliveries.
Finally, and most importantly, if you or any member of your family are showing any symptoms of Covid-19, we would ask you to rearrange the appointment with your Dealer. Your Dealer will be happy to rearrange at a time most convenient to you.
14. RISK AND OWNERSHIP
Your new Toyota vehicle will be your responsibility from the time the vehicle has been retailed to you by Toyota Kirloskar Motor Private Limited . Customer insurance to be utilized during the temporary registration, permanent registration, post registration of the vehicle & during the delivery of vehicle.
In case you have requested to finance your Toyota vehicle through our Finance Partner, you will not own the vehicle unless and until you decide to purchase the vehicle in accordance with your finance agreement with the Finance Partner and the Finance Partner has received payment in full. Please refer to your finance agreement for further details.in this regard, all specific terms and conditions mentioned in your agreement with Finance Partner shall apply.
You will be the registered owner/keeper of the Toyota vehicle you have purchased, and you shall therefore responsible for all applicable taxes, insurance and servicing the vehicle while you remain the registered owner/keeper and you must ensure that you have appropriate insurance cover to drive the vehicle.
If handover of your new Toyota vehicle is delayed due to an event outside our control then we will contact you as soon as possible to let you know.
16.CANCELLATION AND WITHDRAWAL BEFORE INVOICING OF THE VEHICLE
Cancelling your Booking
After placing the online order with Toyota Kirloskar Motor Pvt Ltd. Customer is allowed to cancel as per below conditions:
The Booking amount less the processing fees will be refunded to you within thirty (30) days from the date of cancellation request by customer.
Cancelling your Order/Booking
If you change your mind about an order/booking for a Toyota vehicle that you have placed online, you can cancel your order at any time before the vehicle is invoiced in your name. Should you cancel any order placed before the vehicle is invoiced in your name, the booking amount less the processing fees paid by you will be refunded within thirty (30) days
Cancelling your Order Post Full Payment or Down payment
If you cancel your Order/Booking before the invoicing of the vehicle under your name but after the successful subscription to a Finance Partner option, please refer to your finance agreement (as applicable) and follow the further steps required. If you cancel an order/booking before the invoicing of the vehicle under your name but after the completion of transaction in the trade in option with our partner, the amount received by Toyota Kirloskar Motor Private Limited or the Dealer (as applicable) will be reimbursed to you.
Please note that any Toyota vehicle invoiced under your name cannot be cancelled and no refund of the total price paid will be refunded to you.
In any of the above situations, Toyota Kirloskar Motor Private Limited and the Dealer shall not be responsible for the reimbursement of any interest whatsoever.
Cancellation/Changes of your finance Agreement
Any cancellation or changes to your finance agreement will be solely governed by the terms and conditions of your finance agreement with the Finance Partner.
17. OUR LIABILITY TO YOU
If we do not comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable, direct result of our breaching any term or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable or direct. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract is made, both we and you know it might happen, for example, if you discuss it with us before you place your order.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our gross negligence or for fraud or fraudulent misrepresentation; or for breach of applicable law.
We only supply vehicles for domestic, private use and under specific leasing arrangements. If you use your new vehicle for any other commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. In case you choose to enter into the said leasing arrangement, you shall be governed by the agreement signed with our leasing partner.
For the sake of the above provisions, "we" shall refer to either Toyota Kirloskar Motor Private Limited or the Dealer, as applicable.
Please note that Toyota Kirloskar Motor Private Limited is not a party to the following agreements and you shall be having separate agreement with them, and shall therefore not be liable nor responsible for the performance of any obligation under such agreements:
- the finance agreement (if you successfully subscribed to the finance option provided by the Finance Partner); or
- the insurance agreement (if you have successfully subscribed to the insurance option provided by the Insurance Partner), or
- the trade-in option agreement (if you have successfully subscribed to the trade-in option provided by our trade in partner), or
- Dealer's terms and conditions (if you selected the online Buying via one of our Dealer).
18. ACCOUNT, PASSWORD AND SECURITY
Your Toyota account
Where you create a Toyota account, you will be asked to provide a user name and password. This will allow you to access and/or change your saved vehicle and/or finance configurations and update or change your personal details. You must keep the password secure and must not share it with any other person. We are not responsible for any misuse of your Toyota accountwhere you have caused your username and password to be known by another person.
You must tell us as soon as possible if you think your password has been shared or your Toyota account has been accessed without your authority. We may disable your account immediately if we know of or suspect any misuse.
19. HOW WE CONTACT YOU AND HOW YOU CAN CONTACT US
Our Customer Experience team will be available during the hours of 9:00 am on weekdays and 6.pm between Monday to Saturdays to assist you with any questions or comments about the Booking process.
If you have a query or complaint about our Website or in respect of any aspect of the e-commerce journey on this Website, please contact our Toyota Customer Experience Center at TOYOTA KIRLOSKAR MOTOR PRIVATE LIMITED Plot No 1, Bidadi Industrial Area,Ram Nagar Taluk Bangalore / Bengaluru Karnataka, 562109 or call us at 1800 889 8182 / write to us Voc@toyota-kirloskar.co.in
20. WARRANTY CONDITION
Toyota Kirloskar Motor Private Limited is responsible for Quality and Warranty of the goods is offered to the extent of its coverage under the warranty policy of the manufacturer. (All Toyota Vehicles carry a 6 month / 10,000 Km [whichever is earlier] Toyota Warranty*) (Always keep invoice in original for warranty claim purposes).
21. OTHER TERMS:
We may transfer our rights and obligations under these terms to another organisation without any liability.
If a court finds any part of these terms and conditions illegal, the rest will continue in force. Each of the paragraphs of these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing these terms and conditions or our rights hereunder, does not amount to waiver of our rights hereunder and we reserve the right to enforce them later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breach of any of these terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
Any changes we may make to these terms and conditions in the future will be posted on this page of the Website and, where appropriate, notified to you. The new terms and conditions may be displayed on-screen and you may be required to read and accept them to continue your use of our website and/or your Toyota account.
If there is any dispute about or involving these T&Cs, the Website and/or the service/products between you and Toyota Kirloskar Motor Private Limited , the dispute shall be governed by the laws of India and the courts of Ram Nagar Taluk Bangalore / Bengaluru alone, to the exclusion of any other, shall have the jurisdiction to try and entertain any disputes.
* If you opt for the financing option as per Article 9 of these T&Cs, then the following terms and conditions between you and the Financier (Toyota Authorized Financier) will apply for such option:
I. Terms and Conditions:
- I / We unconditionally agree and accept that, the data provided by me/us to the bank during the application process for acquiring such relationship(s) is true to the best of my /our knowledge and belief, and if at any stage of processing the relationship, if it comes to the knowledge of the bank or the bank is of the opinion that I / We have provided any incorrect information, and/or fabricated documents, and/or fake documents, and/or document/s appearing to have been manipulated, they will be treated by the bank as having been manipulated by me/us. I/We unconditionally agree and accept that the particulars and information given in the application form are true, correct and up to date in all respects and I/we have not withheld any information.
- I further authorize Financier and or its associates subsidiaries affiliates to verify, share and compare any information/data or otherwise at my office/residence and/or contact me and / or my family member and / or my employer/banker/credit bureau/RBI and or any third party such as other Bank / Financial Institution / Credit Information Company during the process of processing my/our application or otherwise as they deem necessary. The bank will decide and assign the loan limit and no commitment has been given to me/ us for the same.
- I further understand and agree to the levy of all additional statutory levies, charges, taxes, GST as applicable on all fees, interest and other charges as per the Government of India regulations and agree to pay the same. I / We have been explained the contents of the same and also understand that it is available online at the bank's website www.axisbank.com.
- I /We further unconditionally agree and undertake that, the Bank shall be at its liberty, to share any information with any other Banks/Financial Institution either as a part of a consortium of a part of sole Banking Relationship or to any Credit Information Company as the Bank may so decide. I /We waive the confidentiality obligations with respect to the information provided to the bank.
- I/We further agree that, we shall not hold the bank liable for any cost or reputation for sharing the information as is considered necessary by the Bank in its sole and exclusive opinion, and without any reference to me/us whatsoever, with such Bank/Financial Institution/Credit Information Company and to hold harmless the employees, officers, Directors, agents, etc that may be so appointed by the Bank.
- I understand, that I may opt out by registering in the 'Provider Customer Preference Register' as per details provided in the 'TRAI' website.
- I/We confirm that I/We had no insolvency proceeding initiated against me/us nor have I/we ever been adjudicated insolvent. I/We have read the application form and am/are aware of all terms and conditions of availing finance from Financier. I/We authorize Financier to make reference and enquiries relative to information in this application which the Bank considers necessary. I/We authorize the Bank to exchange, part /share with all information relating to my/our loan details and repayment history to other Banks/financial inst. etc. as may be required and shall not hold the bank liable for use this information.
- I/We undertake to inform the Bank regarding change in my residence/employment and to provide any further information that the Bank may require. I/We agree that my /our loan shall be governed by the rules of the Bank which may be in force from time to time.
- I/We understand that the Bank has the right to reject my/our application. I/We agree that in the event of non payment of the Equated Monthly Installment/s (EMI/s) as per the car loan agreement and even after issuance of reminders/notices, if the loan is not regularized, the bank has unequivocal right to seize the vehicle and such seizing of the vehicle will not be perceived as a criminal offence by bank and or its agents.
- The borrower(s)/guarantor(s) agree(s) to have given his/their express consent to the Bank to disclose all information and data furnished by them to Credit Information Bureau India Limited (CIBIL) or any other credit bureau permitted to operate in India. The Borrower(s)/guarantor(s) agree(s) that they shall execute such additional documents as may be necessary for the purpose.
- I/We agree(s) that in case of non-payment of dues by the customer in case of any facility availed from the Bank and consequently the account is to be classified as NPA, all other loan accounts of the Borrower, with the Bank also shall be classified as NPA as per the guidelines issued by RBI and shall entitle the Bank to recall all such loans/facilities availed by the same customer from the Bank, irrespective of the regular repayment in such accounts.
- I hereby declare that the details furnished above are true and correct to the best of my/our knowledge and belief and I undertake to inform you of any changes therein, immediately. In case any of the above information is found to be false or untrue or misleading or misrepresenting, I/We am/are aware that I/we may be held liable for it.
II. Customer Consent:
- The Customer expressly consent to and authorise ___________________ (whether acting by itself or through any of its service providers, and whether in automated manner or otherwise) ("OEM"), to share, transfer or disclose Customer's application details, personal data and sensitive information about him/her, and any other information whether about him/her or not as may be deemed relevant (collectively, "Information") with Financier Limited ("Bank") for the purposes of offering an auto loan.
- The Customer hereby agrees and undertakes that the he/her is merely applying/ submitting a request through the OEM platform for a loan from the relevant Bank and the Bank may sanction/ grant the loan at its sole discretion and any sanction/ grant of the loan shall be subject to the verification by the Bank of the loan application and the completion of the loan process as prescribed by the Bank, subject to the satisfaction of the Bank.
- The Customer hereby agrees and accepts that if the Bank agrees to sanction the loan to him/her, then the loan application and subsequent disbursement such loan by the Bank is subject to signing and submitting all such documents as may be required by the Bank including submission of all know your customer (KYC) documents, execution of the loan agreement/loan application form (in the form and manner as may be required by the bank), Regional Transport Office forms and such other forms and/or documents as may be required by the bank from the Customer, for completion of the loan process as prescribed by the Bank pursuant to internal policies, applicable laws rules and regulations.
- The Bank may disburse the loan amount to the account of the dealer/ OEM as the case may be, at its sole discretion.
- Even after the loan application of the Customer has been accepted by the Bank, the disbursement of the loan amount shall be subject to the sole discretion of the Bank.
- The offer details shown to the Customer on the OEM platform is merely an indicative offer and shall be subject to change at the discretion of the Bank.
- The Customer hereby further agrees that the Bank shall not be responsible for the quality or delivery of the vehicle to the Customer and for any complaints, grievances that the with respect to the delivery of the vehicle, and/or any other product level disputes in relation to the vehicle, including for any defects, repair or replacements, servicing, expiry of warranty, delayed / no delivery, claim for damages or any other demand or liability of whatsoever nature in respect of the vehicle and the Customer agrees that the same shall be governed by the agreement/ terms and conditions between the Customer and the OEM/ the relevant dealer.
- The Customer hereby understands that it is not mandatory for the Customer to give the consent as above, however, the Customer understands that agreeing to the processing of the Information as mentioned herein above, may result in faster evaluation of the Customer's loan application with the bank