SECTION I: INTRODUCTION
1.1 The website accessible at the url:www.citroen.in (Website) is owned and operated by PCA Automobiles India Private Limited, a company incorporated under the Companies Act, 2013 ( Company), having its registered office at 311-B, DLF South Court, Saket, Delhi-110017, India (Registered Office). The terms "we", "us" and " our" means the Company.
1.2 Please read the terms and conditions set out here before using this Website. By using this Website you will be giving your consent to abiding by these terms and conditions . If you do not wish to consent to the terms and conditions please do not use this Website. You undertake to be responsible for your own use of this Website and to use this Website only for lawful purposes. You may not use this Website in any way that breaches any applicable local, national or international law or regulation or that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. Any and all information and data submitted by you must be accurate and comply with all applicable law in India and in any country from which they are posted.
1.2 Herein below are set out the terms and conditions (Terms) applicable for accessing the Website.
It is clarified that the Terms mean and include:
- the disclaimers set out in Section II below (Disclaimers);
- the general terms and conditions of using the Website as set out in Section III below (General Terms);
- and additional terms and conditions, if any, applicable to specific portion(s) of the Website,
each or any part thereof, as amended from time to time at the Company's discretion. Should these Terms conflict with additional terms and conditions, if any, applicable to specific portion(s) of the Website, such additional terms and conditions will prevail for the purpose of usage of such specific portion(s) of the Website, unless otherwise specified.
1.3 These Terms apply to all Persons accessing directly or indirectly the Website.
For the purpose of these Terms:
- the term Person includes a reference to a firm, a body corporate, an unincorporated association or to a person's executors or administrators; and
- the terms "you" and "your" means any User.
1.5 Before proceeding to use the Website, please read these Terms carefully. By visiting the Website and/or utilizing any service and/or feature, you agree to and accept the Terms.
1.6 These Terms may be amended by the Company at any time, from time to time, at the Company's sole discretion. We encourage you to check this page periodically for modifications or revisions to the Terms. We will not be responsible for your failure to remain informed about such changes.
SECTION II: DISCLAIMERS
2.1 No Warranty
(a) Except as otherwise expressly provided in the Terms or as required by law, the Company makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of the User Account, any content on the Website (i.e. any information, text, graphics, drawings, videos, images or other materials shared, posted or uploaded by the Company) including any information, text, graphics, drawings, videos, images or other materials shared, posted or uploaded by any User (Content), or any products, services or Features accessed through the Website, as well as warranties implied from a course of performance or course of dealing.
(b) All content on the Website (i.e. any information, text, graphics, drawings, videos, images or other materials shared, posted or uploaded by the Company) including Content is on an "as available" and "as is" basis and the Company grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Website or any of the information or content contained therein. The Company specifically disclaims any implied warranties of fitness for a particular purpose or non-infringement.
(c) We reserve the right to restrict or terminate your access to the Website or any Feature or part thereof at any time. In addition to the terms set out in Paragraph 4.4 “Disruption in Offerings”, the Company disclaims any warranties that access to the Website will be uninterrupted or error-free; that the Website will be secure; that the Website or the server that makes the Website available will be virus-free; or that information on the Website will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If you download any content (i.e. any information, text, graphics, drawings, videos, images or other materials shared, posted or uploaded by the Company) including Content from this Website, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from such download. No advice or information obtained by you from the Website shall create any warranty of any kind.
2.2 Links to Third-Party Websites
The Website may contain links to other websites on the internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality or any other aspect of any linked website. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by us of that third party, third party website or of any product or service provided by a third party.
2.3 Exclusion of Liability
(a) Access to the Website, products, services and features may not be uninterrupted, secure, complete or free from error, and the Company will not have any liability whatsoever in this regard. We will not be liable in contract or law in relation to:
(i) the equipment being used;
(ii) the operating system being used;
(iii) your failure to ensure that the operating system software, application software and any other software required (including but not limited to upgrades, service releases and patches, drivers, etc.) is current and meets the requirements of the products and services;
(iv) your failure to ensure that there are no viruses; or
(v) your failure to ensure that adequate and regular backup of data is performed in case of system failure.
(b) You acknowledge and agree that you assume full responsibility for your use of the Website and/or for use of the User Account, communications with third parties, and services available through the Website. You acknowledge and agree that any information you send or receive during your membership and/or use of the Website may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Website is at your own risk. Recognizing as such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither the Company nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to:
(i) this Website, or any other website or resource you access through a link from this Website;
(ii) any action we take or fail to take as a result of communications you send to us;
(iii) your User Account, any cancelation of your User Account;
(iv) any products or services made available or subscribed through the Website;
(v) any delay or inability to use the Website or any information or services advertised in or obtained through the Website;
(vi) the modification, removal or deletion of any Content (including any information, text, graphics, drawings, videos, images or other materials shared, posted or uploaded by the Company);
(vii) any use of the Website, whether based on contract, tort, strict liability or otherwise; or
(viii) any loss of data, income, profit or savings due to use of the Website.
Even if the Company has been advised of the possibility of damages, it is your responsibility to evaluate the accuracy, completeness or usefulness of any opinion, advice or other Content (including any information, text, graphics, drawings, videos, images or other materials shared, posted or uploaded by the Company) available through the Website, or obtained from a linked site or resource. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither the Company nor its licensors, suppliers or third party content providers shall be liable for any defamatory, offensive or illegal conduct of any user of the Website. Your remedy for any of the above claims or any dispute with the Company is to discontinue your use of the Website.
(c) You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred.
2.4 Since some countries do not allow limitations on implied warranties or the exclusion or limitation of certain damages, in such countries some or all of the above disclaimers or exclusions may not apply and liability will be limited to the fullest extent permitted by applicable law.
SECTION III: GENERAL TERMS AND CONDITIONS
3. General Terms
3.1 You may use the Website, access the features and services only in accordance with and subject to these Terms and all applicable laws.
3.2 These Terms constitute a valid and binding agreement between the Company and you, and are enforceable against you.
3.3 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.
3.4 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.
3.5 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.
4.1 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 Citroën;
(b) Dealer application form;
(c) Company media centre.
4.4 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
4.5 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.
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7. Intellectual Property
7.1 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.
7.2 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.
7.3 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.
7.4 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.
8. User Obligations
8.1 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.
8.2 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.
8.3 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).
8.4 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; or
(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.
8.5 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.
8.6 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.
8.7 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.
8.8 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.
11. 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 Chennai (India).
12.1 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.
12.2 Any notices or other communications that you wish to send to the Company may be addressed to the Registered Office.
13. 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:
PCA Motors Private Limited – India
World Trade Centre, 1st Floor, Holiday Inn Campus, 110, Rajiv Gandhi Salai,
Old Mahabalipuram Road, Thiruvanmiyur, Chennai, India.
14. Contact Us
14.1 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.
14.2 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 firstname.lastname@example.org or call us at 1800-267-1000. 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.
15. General Terms
15.3 Information collected
(a) We may collect information from you in any of the ways set out below. When you enter your information into any of the application form proposed in the Website, there is some information that you are required to give and some that you may volunteer to give.
(b) There are three types of forms available within the Website: the “Dealer Application Form”, the “Write to us” section and the “ Careers Application Form”.
We will collect the following information:
(i) For Dealer Application Form: we need your name, phone number, e-mail address and proposed location of dealership.
(ii) For Write To Us section: we need your name, e-mail address, city, message, and twitter identification (non mandatory).
(iii) For Careers Application Form: we need your name, e-mail address, date of birth, current domicile, educational qualifications, Which role will bring out your best capabilities, Number of years of experience in Automotive OEM, Year of full time work experience, Area of functional/technical competence, What drives you everyday, As an employee how do you differentiate yourself from your colleagues in terms of performance, and Cite your top 3 most significant achievements that demonstrate alignment with our core values.
This information will help us recommend you with better products, services, features and content that are more relevant to you. This information may also be used in developing new products, services and features. You are not obliged to provide this information. If you would like to ensure that any information is to be kept private, please do not provide it.
(e) The above information may contain "sensitive personal data or information" as defined under the Data and Information Rules. The Company will:
(i) ensure the confidentiality and security of the information collected; and
(f) In addition, when you visit our Website, we may collect certain information by automated means, such as cookies and web beacons. A "cookie" is a text file that websites send to a visitor's computer or other internet-connected device to uniquely identify the visitor's browser or to store information or settings in the browser. A "web beacon" (also known as an internet tag, pixel tag or clear GIF) is used to transmit information back to a web server. We also may use third-party website analytics tools (such as Google) that collect information about visitor traffic on our Website. The information we may collect by automated means includes:
(i) information about the devices our visitors use to access the internet (such as the IP address and the device, browser and operating system type);
(ii) URLs that refer visitors to our Website;
(iii) Dates and times of visits to our Website;
(iv) information on actions taken on our Website (such as page views and site navigation patterns);
(v) general geographic location (such as country and city) from which a visitor accesses our Website; and
(vi) search terms that visitors use to reach our Website.
(g) All information above will be collected and retained by the Company.
15.4 Uses of information collected
(a) Other than as stated below, the Company will not use, publish or disclose "sensitive personal data or information" pertaining to you without your prior consent, unless it is required to do so in order to provide the products or services to you, if required by applicable law or if you have previously provided your consent. For the sake of this Section 15.4, “We” shall mean collectively the Company and/or any of its service providers (if any).
(i) Verification of Identity: We will use the information to verify your identity.
(ii) Communications: We may communicate with you through email or by telephone using the information provided by you at the time of your application form to bring you notifications You may disable such communications by requesting so to the following address:
PCA Motors Private Limited – India
World Trade Centre, 1st Floor, Holiday Inn Campus, 110, Rajiv Gandhi Salai,
Old Mahabalipuram Road, Thiruvanmiyur, Chennai, India
(iii) Customized Products and Services: We may use any information that you provide us to customize your experience with us and to recommend you more relevant products, services and features.
(iv) Improvised Products and Services: We may use the information provided to develop new products, services and/or features over the course of time.
(v) Disclosures to Personnel/Dealers: We may share your personal information with employees, secondees, consultants, contractors, officers, directors and authorised dealers of the Company to the extent necessary to provide the products and/or services.
(vi) Mandatory Disclosures: We will share your personal information or sensitive personal information if we are compelled to do so to comply with a legal requirement.
(vii) Data Retention: We will retain your information only for as long as your application is still active. However, we may retain your information even after your account has been deleted if, and for as long as it is necessary, in order to comply with our obligations under applicable laws.
(b) Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, the Company cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk. Once we receive your transmission, we make our best effort to ensure its security on our systems. Ultimately, you are solely responsible for maintaining the secrecy of your passwords and/or any User Account information. Please be careful and responsible whenever you are online.
16. Your Rights