This document is published in accordance with the provisions of Information Technology Act 2000 and related amendments thereafter that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of www.wheelsoftrust.com website through a user agreement.

This Terms of Use along with Privacy Policy and Disclaimer is a legally binding document between you and us (“Us” for the purpose of the Terms of Use shall mean WOT and Hero Motocorp Limited including affiliates, representatives, directors, employees, attorneys, successors and assigns) and lays out the terms and conditions and rules, as maybe amended and supplemented, from time to time (“Terms”) which shall be applicable to your present and future access and use of the Website of www.wheelsoftrust.com.

This User Agreement (“Terms and Conditions” or "T&C" or “Terms” or "Agreement") is between You (“You” or “End User” or “Your” or “Buyer” or “Customer” or “Seller” or “User”, “Registered User”) and Wheels of Trust: A registered trademark of Hero MotoCorp Ltd. (“Company” or “Us” or “We” or “Wheels of Trust” or “WOT”). User purchasing a used two-wheeler through wheels of trust App/Website/WebApp shall be referred as “Buyer”. User selling their used two-wheeler through wheels of trust App/Website/WebApp shall be referred to as “Seller”.

Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present Terms of Use shall alone prevail for the purposes of usage of the Website.

The domain name www.wheelsoftrust.com (hereinafter referred to as "Website") is owned and maintained by Hero MotoCorp Ltd.

Usage/browsing on the App/Website/WebApp is free for users. Wheels of Trust does not charge any fee for browsing the Website. Wheels of Trust is a division of Hero MotoCorp Ltd. and is not a separate legal entity.

WOT reserves the right to terminate your login and initiate appropriate legal action including refusal to provide you with access to the App/Website/WebApp if it is brought to WOT notice or if it is discovered that you are under the age of 18 years, otherwise legally disqualified or incompetent to enter into contract by any applicable law and/or violates any provision of the Terms of Use.

WOT reserves the right, at its sole discretion, to revise the portions of these Terms of Use and /or Privacy policy at any time without any prior written notice to you. For this reason, we encourage you to review the Terms of Use each time you use the services.

a. WOT reserves the right to terminate your login Account and/or refuse to provide you with access to the App/Website/WebApp if it is brought to the notice that user is not an eligible member or for any other reason whatsoever. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or WOT have reasonable grounds to suspect that such information is untrue, inaccurate, not current incomplete, or not in accordance with these Terms of Use, WOT shall have the right to indefinitely suspend or terminate or block access of your user account on the App/Website/WebApp and refuse to provide you with access to the App/Website/WebApp .

b. You agree and confirm that in the event that if you or Wheels of Trust terminate your use of the App/Website/WebApp or any service therein, Wheels of Trust may delete any content or other materials relating to your use of the App/Website/WebApp and WOT will have no liability towards you or any third party for doing so. If you use the App/Website/WebApp and a login for the App/Website/WebApp, you are solely responsible for maintaining the confidentiality of your user ID/your account/display name and password and for restricting access to your computer or any other device used to access the App/Website/WebApp and to prevent unauthorized access to your Account. You should inform WOT immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree to accept responsibility for all activities that occur under your Account and password. You can also deregister and delete account from App/Website/WebApp with or without cause /reason.
You ensure that you exit from your account at the end of each session. Wheels of Trust shall not be liable for any loss or damage arising from your failure to comply with this requirement.

c. Use of the App/Website/WebApp :
You agree, undertake and confirm that your use of App/Website/WebApp shall be strictly governed by the following binding principles:

• 1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
  
  a) belongs to another person and to which you do not have any right to use;
  
  b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or menacing, libellous, invasive of another's privacy, hateful, racial, ethnically objectionable, disparaging, relating or encouraging money laundering, gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986 as amended read with the Rules made thereunder and other applicable laws;
  
  c) is misleading in any way;
  
  d) is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; e) harasses or advocates harassment of another person;
  
  f) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  
  g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  
  h) infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
  
  i) promotes an illegal or unauthorized copy of another person's copyrighted work (see "Intellectual Property Right Complaints" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links;
  
  j) contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  
  k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  
  l) provides instructional information about illegal violating someone's privacy, or providing or creating computer viruses;
  
  m) contains video, photographs, or images of another person;
  
  n) tries to gain unauthorized access or exceeds the scope of authorized access to the App/Website/WebApp or to profiles, blogs, account information, bulletins, or other areas of the App/Website/WebApp or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  
  o) interferes with another user's use and enjoyment of the App/Website/WebApp or any other individual's user and enjoyment of similar services;
  
  p) refers to any App/Website/WebApp or URL that, in our sole discretion, contains material that is inappropriate for the App/Website/WebApp or any other App/Website/WebApp , contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
  
  q) harm minors in any way;
  
  r) infringes any patent, trademark, copyright, trade secret or other proprietary rights of WheelsofTrust or any third party
  
  s ) violates any law for the time being in force
  
  t) deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  
  u) impersonate another person;
  
  v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  
  w) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  
  x) shall not be false, inaccurate or misleading;
  
  y) shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
  
  z) shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
  
  
• 2. If you believe that any content on the App/Website/WebApp is affected due to above points, You shall immediately notify us in writing. Wheels of Trust will make all reasonable endeavours to remove such content complained about within a reasonable time.
• Any non-compliance of use of App/Website/WebApp would be dealt as per the policy.

a) We view protection of your privacy as a very important principle. We clearly understand that you and your Personal Information is one of our most important assets. Privacy policy applicable on this App/Website/WebApp is available at Privacy Policy. If you object to our current Privacy Policy and your information being transferred or used in the way as described Privacy Policy, please do not use the App/Website/WebApp.

a. You agree that We and our service providers we engage, may, in accordance with its privacy policy, collect and use your information and technical data and related information.

b. We (including our service providers) may use information and data pertaining to your use of the Services for analytics, trends identification, and purposes of statistics to further enhance the effectiveness and efficiency of the Website and transfer the same to its group companies and service providers in furtherance of your access to these Services. You provide your consent to such use and sharing of your information.

c. Subject to applicable laws, We (including our service providers) may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to users in connection with criminal proceedings. You understand and agree that in such instances, We (including our service providers) will have the right to share such data with relevant agencies or bodies.

a) When you visit the App/Website/WebApp or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number and email while using the App/Website/WebApp /creating a User account on the App/Website/WebApp . We may communicate with you by e-mail, SMS, phone call or by posting notices on the App/Website/WebApp or through any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the App/Website/WebApp and/or your order placed on the App/Website/WebApp .

All material on this App/Website/WebApp, including images, illustrations, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on App/Website/WebApp is solely for Your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly. You must not assist any other person to do so. Without the prior written consent of the owner/ WOT, modification of the materials, use of the materials on any other App/Website/WebApp or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Wheels of Trust respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to Grievance Officer whose contact details are mentioned at the end of the Terms of Use.

The App/Website/WebApp is only a platform that can be utilized by Users to reach a larger base to buy and sell products. WOT is only providing a platform for communication and it is agreed that the contract for sale of any of the products shall be a strictly bipartite contract between the Seller and the Buyer.

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. WoT does not have any control or does not have any liability or responsibility towards offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. WOT shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers.

At no time shall WOT hold any right, title or interest over the products nor shall WOT have any obligations or liabilities in respect of such contract entered into between Buyers and Sellers.

Notwithstanding the Certified products, WOT does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on the App/Website/WebApp . WOT accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

You are advised to independently verify the bona fides of any particular User that You choose to deal with on the App/Website/WebApp and use Your best judgment in that behalf.

WOT does not charge any fee for browsing and/ or buying/ transacting on the App/Website/WebApp . WOT reserves the right to change its Fee Policy from time to time at its sole discretion. In particular, WOT may at its sole discretion introduce new services and modify some or all of the existing services offered on the App/Website/WebApp . In such an event WOT reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the App/Website/WebApp and such changes shall automatically become effective immediately after they are posted on the App/Website/WebApp . Unless otherwise stated, all fees shall be quoted in Indian Rupees.

Any buyer/ Seller found abusing/misusing the WOT platform or promotions will be suspended and may face legal action.

Wheels of Trust is a registered trademark of Hero Motocorp that offers services related to:

• Quality Assessment of pre-owned 2Ws
• Price Discovery of pre-owned 2Ws
• Connecting buyers and sellers digitally

These services are delivered through App/Website/WebApp and that are intellectual properties of Wheels of Trust. These services can be availed by buyers and sellers based on their requirement. The customers can avail the following services from Wheels of Trust:

I] Online Resale Price Estimation:

Customers can check the estimated resale price of their 2W on the wheels of trust website. This price estimation is an indicative resale price based on the self-assessment of 2W condition by the user and prevailing market demand. Wheels of Trust bears no liability on this indicative price matching with the exact market offer as the same depends on professional health assessment and dynamic market demand. The customer is advised to get a detailed vehicle certification and actual market offer through the tendering process that can be availed at mentioned touchpoints.

ii] Vehicle Certification

Customers can get their two-wheeler inspected through a mobile-based application and get a detailed certification report. In this report, customers get an exhaustive checklist based inspection findings and the calibrated ratings for objective analysis of health condition.

The certification report generated is based on the observations entered by the inspection executive and Wheels of Trust bears no liability over any loss incurred through the observations mentioned in the report or indicative price prediction.

iii] Price Discovery

Based on the health certification, customers can get their two-wheeler flashed for tendering among a set of verified buyers. This process helps the buyers and sellers to connect digitally and deliver a competitive price-discovery process.

Wheels of Trust is just a platform to facilitate this process and has no liability over the prices being quoted and physical transaction happening between the buyer and the seller.

a. We reserve the right, but have no obligation, to monitor the materials posted on the App/Website/WebApp . WOT shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE APP/WEBSITE/WEBAPP. In no event shall WoT assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the App/Website/WebApp . You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information

b. Products displayed on Wheels of Trust attempts to be as accurate as possible. However, Wheels of Trust does not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free. If a product offered by Wheels of Trust is not as described, your sole remedy is to contact Wheels of Trust within 10 days of receipt and Wheels of Trust reserves the right to provide a solution as per its discretion.

c. From time to time there may be information on our App/Website/WebApp that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Wheels of Trust reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice and in such an event Seller/ Wheels of Trust may cancel such your order(s).

a. All information, content, materials, products (including software) and other services included on or otherwise made available to you by WOT are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. You expressly agree that your use of the App/Website/WebApp is at your sole risk.

b. WOT does not warrant that this App/Website/WebApp will be uninterrupted, error free, or constantly available, or available at all or that any information on this App/Website/WebApp is complete, true, accurate or non-misleading. Further, WOT shall not be held responsible for non-availability of the App/Website/WebApp during periodic maintenance operations or any unplanned suspension of access to the App/Website/WebApp that may occur due to technical reasons or for any reason beyond WOT control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the App/Website/WebApp is done entirely at his/her own discretion and risk he/she they will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material and/or data.

c. We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the App/Website/WebApp. You acknowledge, by your use of this App/Website/WebApp , that your use of this App/Website/WebApp is at your sole risk that you assume full responsibility for all risks associated in connection with your use of this App/Website/WebApp .

d. Though Wheels of Trust shall make all endeavour to protect its App/Website/WebApp s from any viruses unauthorized access, modification, deletion, unplanned downtimes, cyber attacks or other illegal use of its App/Website/WebApp , however we do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the App/Website/WebApp ; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on App/Website/WebApp constitutes, or is meant to constitute, advice of any kind.

e. WOT will not be liable for any damages of any kind arising from the use of the App/Website/WebApp , or from any information, content, materials, products (including software) or from failure of performance, error, omission, inaccuracy, interruption, deletion, defect or delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, or alteration, included on or otherwise made available to you through the App/Website/WebApp , including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. You specifically acknowledge that WOT is not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.

a. By signing in, You indemnify and hold harmless Wheels of Trust, its management, licensee, affiliates, subsidiaries, associate, group companies (as applicable) and their respective officers, directors, agents, and employees, absolutely and unconditionally, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, privacy Policy and other applicable Policies, or your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

b. You hereby expressly and unconditionally waive your rights to proceed against Wheels of Trust and/or its management, affiliates and/or any of its officers and representatives in relation to making any claims for any cost, damage, liability or other consequence of any of the actions/inactions of any of the Buyer and/or Seller and specifically waive any and all claims or demands that you may have in this behalf under any statute, contract or otherwise.

a. In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this App/Website/WebApp . Any user that has been suspended or blocked may not register or attempt to register with us or use the App/Website/WebApp in any manner whatsoever until such time that such user is reinstated by us.

b. Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the police or other authorities for initiating criminal or other proceedings against you.

c. Any breach of any applicable laws shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this App/Website/WebApp .

We do not hold any liability for any occurrence of any mishap arising from your usage of our Services resulting in any financial, material or human damage. You understand and agree that We shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, resulting from or relating to the Websites or Mobile application, whether based on warranty, contract, tort, or any other legal theory.

Notwithstanding anything to the contrary contained herein or elsewhere, Our total liability for any user’s claim which may arise out of availing our services through browsing websites/mobile app or elsewhere shall be limited up to the fees paid by such user at the time of availing the services giving rise to such claim. Provided however, the admission of such claims (as mentioned in the foregoing) are subject to Our internal investigation and analysis thereof.

All claims/complaints arising from and in connection with the use of our Services shall be promptly submitted or reported to WOT within thirty (30) days of the consumption of such Services. Any claim or complaint that is submitted / reported after the expiry of such 30 days may be rejected and shall result in the forfeiture of the right of the claimant to register and avail any claim of damage, cost or compensation.

a. We may avail third party services in the regular course of providing services to You. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party (“Third Party Services”) or contain links to Third Party Services. You understand that Third Party Services are the responsibility of such third party who created or provided the services and acknowledge that use of such Third-Party Services is solely at your own risk.

b. We make no representations and hereby expressly excludes all warranties and liabilities arising out of or pertaining to such Third-Party Services, including the accuracy or completeness. Further, all intellectual property rights in and to Third Party Services are the property of the respective third parties.

Buyer and Seller shall comply with all the applicable laws, rules, notifications as issued from time to time and as applicable.

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of remaining Terms.

The failure by Wheels of Trust to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by Wheels of Trust of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this Clause, courts in Delhi shall have exclusive jurisdiction over all issues arising out of these Terms or the use of the Services.

Any controversies, conflicts, disputes, or differences arising out of these Terms shall be resolved by arbitration in Haryana and / or Delhi in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed WOT. The language of the arbitration shall be English.

The parties to the arbitration shall keep the arbitration confidential and not disclose to any person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the Parties hereto.

Each party to the arbitration shall bear its own costs with respect to any dispute.

Unless otherwise specified, the material on the App/Website/WebApp is presented solely for the purpose of sale in India. WOT is not responsible for supply of products/refund for the products ordered from other locations/Countries other than India, compliance with local laws, if and to the extent local laws are applicable.

Any grievances you have by way of use of the App/Website/WebApp can be addressed to the Grievance officer

The ‘Grievance officer’ shall thereafter consider the same and provide a response within the reasonable time.

C/o Hero MotoCorp Limited,

The Grand Plaza, Plot No.2,

Nelson Mandela Road,

Vasant Kunj - Phase -II,

New Delhi - 110070

Phone: 011-46044100

Time: 10AM – 5PM

Email: grievanceofficer@heromotocorp.com