1. This Castrol Service Reminder will be governed by the Terms and Conditions contained herein below (“T&C”). Each user agrees that he/she has read and understood the T&Cs and each user agrees to be bound by the T&Cs.
2. The Castrol Service Reminder application has been designed for scanning QR codes by the workshop or consumers or both for the service reminder.
3. Castrol India Limited (“Castrol”) does not guarantee that the Castrol Service Reminder app is perfect or free from faults or the information contained is completely accurate. If you have any issues or concerns, please refer to our website to contact customer care. Although we make reasonable efforts to update the information provided by Castrol Service Reminder app, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date. Castrol Service Reminder app and the services have not been developed to meet your individual requirements. Please check that the facilities and functions of Castrol Service Reminder meet your requirements.
4. Access to Castrol Service Reminder application
By accessing and using this app, the user and/ or the workshop customer / consumer (whose details are being captured directly by Castrol or through the Service Providers) (“User”) represents, warrants, and agrees that:
a) The User is a resident of India, are above the age of 18 and are competent to contract.
b) The User is able to create a binding legal obligation.
c) The User is not barred from receiving products or services under applicable law.
d) The User of the Castrol Service Reminder app will at all times comply with these Terms and Conditions.
e) The User shall provide any and all information as is required and all such information is accurate, true, current and complete.
f) Certain details of the User like mobile number, name, details of the User’s bike type, type of brand of oil used, kms run by the bike, next bike service reminder dates etc. will be captured by Castrol through the Service reminder application. The information can be captured either by Castrol directly or through its service providers or third parties (“Service Providers”) under the instruction from Castrol. The / customer / consumer hereby consents and permits Castrol to collect such information through service providers and third parties.
g) Using a global positioning system (GPS) tracker and such locational details are a pre-requisite for the user to commence using the application. The User consents and permits Castrol to capture such locational details as and when the User logs onto the Service Reminder Application. The User understands and agrees that if such details are not procured or the user does not permit the GPS tracker to access their locational details, the User will not be able to access and use the application.
h) The User will provide the correct information and ensure that it is accurate at all times.
i) Providing User’s details to Castrol, or Service Providers constitutes permission and consent for Castrol and its affiliates to store in its database and also use the User's name, telephone and mobile numbers, e-mail ids, and other information as may be required (“Personal Information”) without any additional compensation whatsoever.
j) This shall also constitute permission for Castrol to share the Personal Information with its affiliates and also with third party service providers to facilitate the service reminders to be sent to the users and also for sending promotional messages or offers and schemes or coupons or to contact the Users directly, if required and also to enable Castrol to maintain a log of all such visits and scans.
k) Downloading / the Castrol Service Reminder app shall be deemed to be consent by the User to receive promotional messages about the app and programs of Castrol India Limited from Castrol or any third party so authorized by Castrol through any channel &/or media of communication
5. Usage of the Castrol Service Reminder app
The purpose of the app is for the User to scan the workshop’ unique QR code or url. The app will function as follows:
a) Users register themselves on the app by providing their mobile numbers. An OTP is sent to the mobile number and the user sets a password post which the user is registered for using the app.
b) The User (or through the Service Providers) can then enter his / her customer and consumer details like name, vehicle type, vehicle number plate , type of brand used in the service, kms run by the bike , choses the date to be reminded of the next service for the Users and submits these details on the tool
c) The Users will now get service reminders on the said dates, the Users may also be sent promotional messages or offers or coupons or be contacted via any channel of communication including social media and instant messaging
d) On subsequent customer visits, the User can scan the QR code and update the requisite customer information, Castrol will also maintain the log of all such visits and scans
e) User (or the Service Providers) will be able to view a summary of all interactions with tool and the User profile
6. Users may be barred from using the Castrol Service Reminder app in case of misuse. Castrol shall have sole discretion in barring such Users.
7. In order to provide Castrol products and services Castrol may, however, need to share User’s personal information with other companies within the Castrol and BP Group of companies, and/or third-party service providers that process data on our behalf. Since Castrol operates globally, Castrol may receive the information in other jurisdictions or want to transfer the User’s personal information to other countries, including countries outside India. Castrol reserves the right to disclose the User’s personal information as required by law, or when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, request from a regulator or any other legal process served on Castrol. In the event that Castrol is subject to a takeover, divestment or acquisition we may disclose the User’s personal information to the new owner of the business.
8. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in Castrol Service Reminder, throughout the world belong to Castrol and its group companies and affiliates and the rights in Castrol Service Reminder. The User has no intellectual property rights in, or to, Castrol Service Reminder other than the right to use Castrol Service Reminder in accordance with these terms.
9. The User must:
a) not use Castrol Service Reminder in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Castrol Service Reminder or any operating system.
b) not infringe Castrol’s intellectual property rights or those of any third party in relation to your use of Castrol Service Reminder.
c) not use Castrol Service Reminder or any service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
d) not collect or harvest any information or data from or Castrol’s systems or attempt to decipher any transmissions to or from the servers running Castrol Service Reminder.
10. USER MUST KEEP YOUR ACCOUNT DETAILS SAFE
11. The Users shall not bring any action, claim, damages, or other proceedings against Castrol, it’s directors, agents, employees, licensees or assigns, affiliates or persons associated with Castrol in the event suffering any injury or losses or any damage being caused on account of usage of the Castrol Service Reminder app.
12. User agrees that User will:
a) not rent, lease, sub-license, loan, provide, or otherwise make available, Castrol Service Reminder app in any form, in whole or in part to any person without prior written consent from Castrol.
b) not copy Castrol Service Reminder.
c) not translate, merge, adapt, vary, alter or modify, the whole or any part of Castrol Service Reminder app, nor permit Castrol Service Reminder app or any part of it to be combined with, or become incorporated in, any other programs,
d) not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Castrol Service Reminder nor attempt to do any such things,
e) comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by Castrol Service Reminder or any service.
13. CASTROL/ BP ARE NOT RESPONSIBLE FOR VIRUSES AND USER MUST NOT INTRODUCE THEM
a) Castrol does not guarantee that the Castrol Service Reminder app will be secure or free from bugs or viruses.
b) User is responsible for configuring your information technology, computer programmes and platform to access Castrol Service Reminder app. User should use User’s own virus protection software.
c) User must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. Castrol also reserves the right, at any time, to verify the validity of submissions made by the Users.
14. UPDATE TO CASTROL SERVICE REMINDER AND CHANGES TO THE SERVICE
From time-to-time Castrol may automatically update Castrol Service Reminder and change the service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, Castrol may ask User to update Castrol Service Reminder for these reasons. If the User chooses not to install such updates or if the User opts out of automatic updates the User may not be able to continue using Castrol Service Reminder and the Services. Castrol shall not be liable for any cost incurred by the User for downloading the app or regular usage of the app.
15. CASTROL MAY COLLECT TECHNICAL DATA ABOUT USER DEVICE
a. By using Castrol Service Reminder or any of the Services, User permits Castrol and its affiliates to collect and use technical information about the devices User operates Castrol Service Reminder app on and the related software, hardware, and peripherals to improve Castrol products and to provide any services to Castrol.
16. The User shall not assign these T & Cs, or any rights, benefits or obligations hereunder without the express written permission of Castrol. Any attempted assignment that does not comply with these T & Cs shall be null and void. Castrol may assign these T & Cs, in whole or in part, to any third-party in its sole discretion.
17. The T & Cs and other terms incorporated by reference, constitutes the entire agreement and understanding between the User and Castrol with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the User and Castrol with respect to such subject matter.
18. Castrol reserves its right at all times to modify any part of these T & Cs at its sole discretion. The User agrees to revisit the T & Cs regularly to ensure that they stay informed of any changes. The User’s continued use of the services after any update to the T & Cs will constitute acceptance of the modified T & Cs.
19. In the event of any inconsistency between these T&Cs and any other materials, documents or writings relating to or in connection with the app, these T&Cs shall prevail.
20. The failure of Castrol at any time to require observance or performance by the User of any of the provisions of these T & C shall in no way affect Castrol’s right to require such observance of performance at any time thereafter, nor shall the waiver by Castrol of a breach of any provision hereof by the User be taken or held to be a waiver of any succeeding breach of such provision. A waiver of any of the provisions herein by Castrol shall not be deemed to be a continuing waiver but shall apply solely to the instances to which the waiver is directed.
21. Castrol shall be excused from performance under these T&Cs, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) acts of God; (b) acts of war, acts of terrorism, insurrection, riots, epidemic, pandemic, civil disorders or rebellion; (c) quarantines or embargoes; (d) labor strikes; (e) error or disruption to computer hardware or networks or software failures; or (g) any other causes (whether similar or dissimilar) beyond the reasonable control of Castrol.
22. In no event shall Castrol, its promoters, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, be liable for any direct, indirect, incidental, special, consequential or punitive damages arising out of or related to: (a) The User’s use of or reliance upon the application, and any other content or information contained in the application; (b) The User’s inability to use the application; (d) the quality, quantity merchantability or performance or any product or service. We exclude all implied conditions, warranties, representations, or other terms that may apply to our site or any content on it.
23. Each and every obligation under these T & Cs shall be treated as a separate obligation and shall be severally enforceable as such and in the event of any obligation or obligations being or becoming unenforceable in whole or in part. To the extent that any provision or provisions of these T & Cs are unenforceable, Castrol may amend such clauses as may be necessary to make the provision or provisions valid and effective. Notwithstanding the foregoing any provision which cannot be amended as may be necessary to make it valid and effective, may be deleted by Castrol from these T & Cs and any such deletion shall not affect the enforceability of the remainder of this these Terms.
24. Any dispute with regard to the Castrol Service Reminder app will be subject to the jurisdiction of competent Courts in Mumbai only.
25. In the event of any dispute or difference between the User and Castrol arising out or in any way relating these T & C, the same shall be referred to arbitration to be conducted by a sole arbitrator appointed by Castrol. The arbitration proceedings shall be conducted in Mumbai, in accordance with the provisions of Arbitration & Conciliation Act 1996.
26. WE WILL NOT ALLOW TO ACCESS THIS APP FROM ANY ROOTED DEVICE.User is expected is to download and use the application on their smartphone’s devices with a standard Android operating system only and any deviation from the above or use of specialized devices for accessing the application is not permissible. The User is solely responsible for any actions or losses incurred on account of any non-permissible use of the application as stated herein and Castrol will not be held responsible or accountable for any such deviation.
27. Participation in the program by the Participant shall constitute as permission (i) for Castrol and its Affiliates to use the Participant's name, details, and photographs, for promotional purposes in any media worldwide for purposes of advertising and trade without any additional compensation whatsoever (ii) receive promotional messages about the Program and other programs of Castrol India Limited and messages relating to the program from Castrol or any third party so authorized by Castrol.
28. The User shall not bring any action, claim, damages or other proceedings against Castrol, its Directors, agents, employees, licensees or assigns, the event sponsors, or any company or persons associated with Castrol or hold Castrol or its affiliates responsible for any losses or damages by the use of this app or in the event suffering any personal injury or death or any damage being caused to any property belonging to them.