Terms and Conditions for use of SIAM’s website/platform for obtaining High Security Registration Plates for motor vehicles:
Society of Indian Automobile Manufacturers (SIAM) is providing the present platform only as an interface between the users/owners of motor vehicles and the High Security Registration Plates (HSRP) Manufacturers to facilitate the owners of motor vehicles to obtain the High Security Registration Plates for the vehicles owned by them. SIAM does not in any manner control and shall not be liable in respect of, or responsible for, the quality, safety, genuineness, lawfulness or availability of the products or services offered by the HSRP Manufacturers through the use of this website. SIAM does not guarantee the ability of the HSRP manufacturers to provide the desired services or to complete the sale of the goods or services as required in law and/or to the complete satisfaction of the user. The use of SIAM’s website and the facilities provided there under shall not, in any manner, be deemed to create any partnership, joint venture, or any other joint business relationship between SIAM and/or any other third party whose services and goods are offered for sale by the use of SIAM’s website. The use of this website shall also not in any manner be deemed to be a contract for sale or services of any goods or facilities between SIAM and such users.
SIAM shall ensure data protection which may be made available by the users and employ commercially reasonable and industry-standard security measures to prevent unauthorized access, maintain data accuracy and ensure proper use of information that would be received at its website. While SIAM shall strive to protect the user data and information, but at the same time no data transmission over the Internet can be guaranteed to be 100% secure. SIAM therefore recommends users not to disclose on its website, any password or online bank transaction details and other important credentials or protected personal information that may not be necessary for the purpose of obtaining the HSRP registration.
By using SIAM’s website or interacting with the providers of goods and services or entering into any contract for the sale or supply of any goods or services on using this website with third parties, the users undertake and agree that they have fully read, understood and accepted the terms of usage set out in this agreement.
1. User’s Agreement: This Agreement and/or any subsequent changes to the terms of usage of SIAM’s website/portal/interface etc., shall apply to all person who accesses or uses the website or uses the facilities being extended by SIAM. It also applies to any legal entity which may be represented by any person who accesses or uses the website, under actual or apparent authority. Users may use this website and/or the facilities being extended by SIAM for obtaining the HSRP from its designated vendors.
This Agreement applies to all facilities extended on the website by SIAM collectively with any additional terms and conditions that may be applicable in respect of any specific facility/service used or accessed by users on the website. In the event of any conflict or inconsistency between any provision of this Agreement and any additional terms and conditions applicable in respect of any facility offered on this website, such additional terms and conditions applicable in respect of that facility/service shall prevail over this Agreement.
2. User’s eligibility: Users represent and warrant that they have the right to avail or use the services being provided by this portal. The facility being provided by SIAM can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are owners/users of motor vehicles and are authorized under applicable law to form legally binding agreements. As such, natural persons below 18 years of age and business entities or organizations that are not authorized by law to operate in India or other countries are not authorized to avail or use the present facilities.
Users further agree to abide by this Agreement and any other rules and regulations imposed by the applicable laws from time to time. SIAM or the website shall have no liability towards the users or anyone else for any content, information or any other material transmitted over SIAM’s services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each users. The user shall do its own due diligence before entering into any transaction with the providers of services and goods on the website. SIAM at it’s sole discretion reserves the right to refuse to extend its facilities to anyone at any time.
3. Amendments to this Agreement: SIAM reserves the right to change, modify, amend, or update the Agreement from time to time and such amended provisions of the Agreement shall be effective immediately upon being posted on the website. If any user does not agree to such amended provisions, it may stop using the facilities being provided by SIAM with immediate effect. The users continuous use of the facility at any time during the transaction will be deemed to signify the users acceptance of the amended provisions of the Agreement.
4. Intellectual Property Rights: SIAM is the sole owner and the lawful licensee of all the rights to the website and its content. Website content means and includes the design, layout, text, images, graphics, sound, video etc., of, or made available on the website. The website content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All title, ownership and intellectual property rights in the website and the website content shall remain in SIAM, its affiliates or licensor’s of the website content, as the case may be.
All rights, not otherwise claimed under this Agreement by SIAM, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the website or any offer displayed on or in connection with any service offered on the website is intended, solely to provide general information for the personal use of the users, who fully accepts any and all responsibility and liabilities arising from and out of the use of such information. SIAM does not represent, warrant or endorse in any manner the accuracy or reliability of website information, or the quality of any products and/or services obtained by the users as a result of any website information.
The information provided on SIAM’s website is provided on as is basis with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness of any product or services for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the users. In no event shall SIAM be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to any information provided on its website The users hereby acknowledge that any reliance upon such information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. SIAM respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. SIAM further reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the information available on its website.
5. Trademark: SIAM and related icons and logos are registered trademarks or trademarks or service marks of SIAM in various jurisdictions and are protected under applicable copyright, trademark and other proprietary and intellectual property rights laws. Any unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited.
6. Copyright: All website content including the information available on its website is copyrighted to SIAM excluding any third-party content and any links to any third-party websites being made available or contained on SIAM’s website. Users are not permitted to use any trademark, service mark or logo either of SIAM or of any independent third parties without prior written approval from SIAM or such other parties.
Users acknowledge and agree that SIAM is not an arbiter or judge of disputes concerning intellectual property rights of any third party and as such cannot verify that such third party sellers who are providing services through SIAM’s website have the right to sell the goods or provide the services offered by such third parties. By agreeing to take down any unauthorized or illegal listings, SIAM does not and cannot be deemed to have endorsed any claim of infringement and further that in those instances in which SIAM declines to take down any listing, SIAM does not and cannot be deemed to be endorsing that the listing is not infringing any third party rights or endorsing any sale or supply of goods or services pursuant to or on account of such listing.
SIAM respects the intellectual property rights of others, and expects its users to do the same. Users agree not to copy, download or reproduce any content, information or any other material, text, images, video clips, directories, files, databases or listings available on SIAM’s website for the purpose of re-selling or re-distributing, mass mailing or operating a business competing with SIAM or otherwise commercially exploiting the material available on SIAM’s website unless otherwise agreed between the parties. Systematic retrieval of contents available on SIAM’s website to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from SIAM is prohibited.
In addition, use of the content and material available on SIAM’s website for any purpose not expressly permitted under this Agreement is prohibited and entitles SIAM to initiate appropriate legal action. Users agree that as a condition of their access to and use of SIAM’s facilities, they will not use SIAM’s facilities to infringe the intellectual property rights of any third parties in any way. SIAM reserves the right to terminate the right of any user to access or use SIAM’s facilities for any infringement of the rights of third parties in conjunction with use of the facilities being extended by SIAM.
7. Data Protection: Upon the use of SIAM’s website, it shall be able to collect and store user information including name, company name, email address, phone/mobile number, vehicle registration number and all other details pertaining to the vehicles used/owned by the user as also their postal address and other business information which may also include business statutory details and tax registration numbers and all other allied information that may be provided by the user while using the website.
Such information may be used by SIAM for :
i. Verification of any user identity, eligibility, registration in order to provide customized services.
ii. Facilitating the facilities and services offered/available on the site.
iii. Advertising, marketing, displaying & publication.
iv. Sending communications, notifications, newsletters and customized mailers etc.
Any person who is unwilling to the above may get in touch with SIAM in case he has an objection for the use of data as above. However, please note that if you object or withdraw consent to process and use of data as above, SIAM may choose to discontinue providing any services to such users through its website.
Information collected by the use of this website may be disclosed and transferred to external service providers and third parties who may be providing services to the user. Such information may also be provided to Government or regulatory or law enforcement agencies, as mandated under statutory enactments, for verification of identity or for prevention, detection, investigation including cyber incidents, prosecution and punishment of offences. Such information may also be provided to third party service providers engaged in facilitating service requirements of user. Such information may also be shared with business partners for sending their business offers to the users, which are owned and offered by them solely without involvement of the site. Such disclosures shall, however, be in consonance with all applicable laws in force for time being.
SIAM shall endaevour to ensure that while making such disclosures, the receiving parties have consent and confirm that:
a. There shall be limited disclosure of such information to its Directors, officers, employees, agents or representatives who have a need to know such information in connection with the business transaction.
b. They shall keep the information confidential and secure the same by using a reasonable degree of care, and
c. The receiving parties shall not disclose any information received by them further without express written permission from SIAM.
8. Link to Third Party sites: The users agree and admit that Links to third party sites are being provided on SIAM’s website as a convenience to them. SIAM shall allow users to access the content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites") including the VAHAN portal of the Government of India and the websites of HSRP Manufacturers and/or their Association etc. SIAM advises its users to read the terms and conditions of use and/or privacy policies applicable in respect of such Government / Third Party websites prior to using or accessing such third party websites. Users acknowledge and agree that SIAM has no control over any content offered on such third party websites, and that SIAM does not monitor such third party websites, and shall in no manner be deemed to be liable or responsible to any person for any representations made on such third party websites, or for any content, products or services made available thereon.
9. Limitations of liability: The features and services on SIAM’s website are provided on an as is and as available basis, and SIAM hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness of any product or services being made available by the user through this website. All such warranties, representations, conditions, undertakings and terms are hereby excluded. SIAM makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the third party websites. SIAM does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the websites of third parties do not violate any other party’s rights and SIAM makes no representations or warranties of any kind concerning any product or service offered or displayed on these third party websites. Any material downloaded or otherwise obtained through this website is at the users sole discretion and risk and the user is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the user from website or through or from the website shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall SIAM be held liable for any delay or failure or disruption of the content or services delivered or the quality of goods supplied through their website which may occur as a result of any direct or indirect acts of nature, forces or causes beyond its reasonable control, including without limitation to internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, natural calamities, pandemics, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. Users hereby agree to indemnify and protect SAIM, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of SIAM’s website (including but not limited to the display of users information on the website) or from users breach of any of the terms and conditions of this Agreement. Users hereby further agree to indemnify and save SIAM, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from users breach of any representations and warranties made by the users through this website.
Users hereby further agree to indemnify and protect SIAM, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by third party claimants or other third parties relating to products and services offered or displayed on SIAM’s website. Users hereby further agree that SIAM is not responsible and shall have no liability for any material posted by other users or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the users. SIAM reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any user, in which event such user shall cooperate with SIAM in asserting any available defences.
SIAM shall also not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
The use or inability to use the website;
Any defect in goods, samples, data, information or services purchased or obtained from users or a third-party service provider through the website;
Violation of Third Party Rights or claims or demands that users manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the website may violate or may be asserted to violate Third Party Rights; and/or
Claims by any party that they are entitled to defense or indemnification in relation to assertions of rights, demands or claims by Third Party Rights claimants;
Unauthorized access by third parties to data or private information of any users; statements or conduct of any users of the website.
10.Termination: SIAM reserves the right to terminate access of any user to the features of this website at any time without assigning any reason and with or without notice to such user. SIAM also reserves the unilateral right to deny access to any particular user to the provision of any or all of its facilities or content without any prior notice or explanation in order to protect the interests of SIAM and/ or other users. SIAM further reserves the right to limit, deny or create access to the website to any user without assigning any reason . SIAM further reserves the right to change any or all of the features of the website or introduce new features without any prior notice to users. SIAM may further restrict the right of any user either temporarily or permanently for any of the following reasons:
(a) If any false information is provided by such user, or if such user is engaged in fraudulent or illegal activities/transactions.
(b) If such user breaches any provisions of the Agreement.
(c) If such user utilizes the website to publish unlawful information.
(d) If such user posts any material that is not related to the provision of the facilities being extended by SIAM.
(e) If such user impersonates or unlawfully uses another person’s or business entity’s name or account to conduct business in any manner.
(f) If such user is involved in unauthorized access, use, modification, or control of the website database, network or related services.
(g) If such users indulges in any activity that may not be in accordance with the ethics and honest business practices.
11. Governing Laws & Dispute Resolution: This Agreement shall be governed in all respects by the laws of India. Any disputes arising as to the scope, interpretation or otherwise arising out of this Agreement shall be resolved by arbitration by a Sole Arbitrator to be appointed by the Secretary General of SIAM. The provisions of the Arbitration & Conciliation Act, 1996, and its statutory modifications and interpretations shall govern such arbitrations. The seat of such arbitration shall be at New Delhi. All disputes shall be subject to the exclusive jurisdiction of the Courts at New Delhi only. The parties to this Agreement specifically exclude the jurisdiction of all other Courts having concurrent jurisdiction and agree to submit themselves to the exclusive jurisdiction of the Courts at New Delhi, India.
12. General:
Headings given for any clause of this Agreement are for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such clause.
SIAM’s failure to enforce any right or failure to act with respect to any breach by any user under this Agreement shall not be deemed to be a waiver of that right of SIAM or its waiver of the right to act with respect with subsequent or similar breaches.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions of this Agreement shall be enforced.
This Agreement constitutes the entire agreement between the users and SIAM with respect to access to and use of SIAM’s website and shall supersede any prior written or oral agreements in relation to the same subject matter which has been dealt in this Agreement.
SIAM does not assume any liability for any acts of users or third parties including HSRP Manufacturers which may be undertaken by such persons / entities by the use of this website and SIAM's platform.