TERMS & CONDITIONS

TVS Auto Assist 24X7 EMERGENCY ROADSIDE ASSISTANCE

These terms and conditions represent the agreement between TVS Automobile Solutions Limited, a company registered under the Companies Act 1956 with its registered Office at "TVS Building", 7B West Veli Street, Madurai - 625 001 (hereinafter referred to as TVS Auto Assist, which expression shall unless repugnant to the context or meaning thereof, be deemed to include its successor in interest, assigns etc.) and the member of TVS Auto Assist 24X7 Emergency Services Scheme as defined below.

Definitions:

Unless the subject or context otherwise requires the following words shall have the meanings given below: Words importing the masculine gender shall be taken to include the feminine gender. Words in the singular shall be taken to include the plural and vice versa.

• ASP means the Authorised Service Provider who actually provides the services directly to the Member in terms of this Scheme.
• Facilities means the facilities set out in Schedule A which can be availed by a Member in terms of this Scheme
• Geographical Area shall mean the States/Cities mentioned in the Schedule B where the Facilities can be availed
• Roadside means motorable roads with public access where the Vehicle might have been stranded or met with an accident.
• Scheme means this TVS Auto Assist 24x7 Emergency Services Scheme as modified from time to time.
• Towing means moving a vehicle with the help of prime mover when all four wheels are in a condition to roll.
• Vehicle means car, jeep or multi utility vehicle.
• Wrecker means to position the vehicle on the road and/or pulling the vehicle with a prime move when one or more wheels are not in a rolling condition.

Membership:

• A Member is a person who applies for membership under this Scheme and whose membership is accepted by TVS Auto Assist. Membership under this Scheme is specific to the person who is accepted as a Member. Membership is also specific to the Vehicle specified by the Member in the application form.
• Any person may apply for membership in the prescribed form with the prescribed membership fee. The full amount of the membership fee should be paid by means of account payee cheque/demand draft drawn in favour of TVS Automobile Solutions Limited. The activation of membership will be done by TVS Auto Assist only on receipt of Membership details and payment.
• TVS Auto Assist may accept or reject any application at its sole and absolute discretion. TVS Auto Assist is not bound to assign any reason for the acceptance or rejection of any Application.
• Membership is personal to the person applying and cannot, in any manner, be transferred or transmitted by operation of law. Membership is also specific to the vehicle specified in the application.

Membership Card:

• Membership under the Scheme is evidenced by a Membership Card issued by TVS Auto Assist to the Member. The Member must produce his Membership Card and quote his membership number every time in order to avail the facilities offered under the Scheme.
• There are 2 types of Membership Cards namely Gold and Platinum. The membership fees payable and the facilities available to the Member will vary for each type of card. These are specified in Schedule A annexed herewith.
• Upgrading of Gold Card to higher grade of Member's choice shall be subject to such conditions as may be prescribed from time to time.

Loss of Card:

• The Member shall promptly inform TVS Auto Assist of any loss/theft of the Membership Card to avoid misuse by any other person. A new Membership Card will be issued to the owner of the car upon payment of the prescribed fee. The Member will be liable for any misuse of the Membership Card until the loss is reported to TVS Auto Assist.

Vehicles covered

• Only Vehicles which are: less than 10 years old from the year of manufacture not run for commercial purposes and/or used only for lawful activities owned by the Member driven by a licensed driver whose license is still in force capable of being driven in public roadways in accordance with the laws for the time being in force, can be covered by the Scheme
• A Member can change the Vehicle covered under the Scheme by Ten [10] days prior notice in writing to TVS Auto Assist. The changed Vehicle must satisfy the requirements of Clause 2.9. At any point of time during the Validity Period only one Vehicle can be covered under a single membership fee.
• A person applying for membership under the scheme shall confirm that the Vehicle covered has not been involved in or used for any unlawful activities and shall undertake that the Vehicle will not be involved in any acts which may be illegal or prohibited under law during the period of the membership.

Validity period

• Membership is valid for one (1) year from the date of activation of membership of the person by TVS Auto Assist, provided the membership is not cancelled/terminated before the date of expiry of the term.
• No refund or Credit will be allowed in case of cancellation or termination of membership before the completion of the membership year.

Facilities offered under the Scheme

• A Member can avail only the facilities set out in Schedule A subject to the terms and conditions of the Scheme for which the payment has been made. A member can avail the Facilities up to a maximum of 3 times in a membership year) unless otherwise specified in the relevant clauses.
• The facilities that can be availed are limited only to accidents/breakdowns occurring within the respective City/State specified in Schedule B. E.g. For the purpose of coverage of the Vehicle "City" means Chennai and "State" means the State of Tamil Nadu, and the local limits of Karaikal - Pondicherry.

Mode of availing the Facilities

• A Member who wishes to avail the facilities offered by the Scheme shall call the Telephone Number of the Call Centre specified for the purpose. The Call Centre shall arrange for the Facilities required by the Member after the Member establishes his identity by quoting the Membership code number allotted for the purpose.
• All requests for the facilities must be made only through the specified Call Centre. The Member cannot avail any Facility directly from the ASP without being routed through the Call Centre.

Clearance of Government Agencies

• Where the prior permission/approval of Government Agencies like Police is required for attending to /removal of the Vehicle that has met with an accident/breakdown, the Member acknowledges that TVS Auto Assist will not be able to carry out the Facilities until all the required permissions are obtained. TVS Auto Assist does not undertake obtaining of such permission and it is the sole responsibility of the Member to obtain all such approvals/permissions for availing the Facilities.

Amounts payable by the Member

• Details of the Facilities are set out in Schedule A. Wherever amounts are payable, the Member shall make the payment directly to the ASP and not to TVS Auto Assist.

Exclusion of Liabilities of TVS Auto Assist

• The Member accepts and acknowledges that TVS Auto Assist does not render any services under the Scheme and the role and responsibility of TVS Auto Assist is limited to facilitate the Member to avail at the place of breakdown or accident (a) breakdown and repair services from the ASP (b) Taxi services from taxi operators and (c) ambulance and medical services from the doctors and hospitals. The Member accepts and acknowledges that the above services availed by the Member are rendered only by respective ASP. TVS Auto Assist shall be under no liability whatsoever to the Member in respect of any loss or damage arising directly or indirectly out of any delay in or non-delivery of, defect/deficiency in the services/parts provided by the respective service providers.
• The ASPs are not agents of TVS Auto Assist and the Member shall deal with the ASPs directly, at his own risk and cost. All payments due to the ASP as a result of the Member having availed the ASP's services shall be made directly to such ASP.
• Members are advised to take an acknowledgment from the ASP for the list of Accessories/extra fittings and other belongings in the Vehicle at the time of ASP taking possession of the Vehicle and to verify these items when delivery is taken back by them. Claim for loss of damage to items, if any, should be taken up with the ASP directly. TVS Auto Assist shall not be responsible for any such claims, damage/loss or any deficiency of service of the ASP

Force Majeure

• TVS Auto Assist is not responsible for its non-performance of any of the terms and conditions of this Agreement if such non-performance is due to Force Majeure situations. Force Majeure situations includes but is not limited to acts of God, laws, rules and regulations for the time being in force, orders of statutory or government authorities, industrial disputes, road blocks, traffic sectionersions, adverse weather conditions and every other circumstances beyond the control of TVS Auto Assist/ASP.

Breach and Termination

• TVS Auto Assist is entitled to terminate the Membership by notice in writing to the Member in the event of any breach of the terms and conditions by the Member. The termination is without prejudice to the rights of TVS Auto Assist to recover from the Member any loss directly or indirectly suffered by TVS Auto Assist as a result of the breach of the terms and conditions.
• TVS Auto Assist is also entitled to terminate the Membership by notice in writing to the Member in the event The Member or his agent behaves in an unruly manner or uses unparliamentary or abusive language against any of the employees/representatives of TVS Auto Assist or the employees/representatives of the ASPs.Any Vehicle covered by the Scheme is confiscated by the relevant authorities, on charges of involvement in any unlawful activities.
• A Member may cancel the Membership on his/her own by surrendering his/her membership during its validity period. The surrendering of Membership shall be by notice in writing to TVS Auto Assist. The Member will not be eligible for refund of any membership fee paid in the event of surrendering of Membership.
• Notwithstanding anything contained herein maximum liability of TVS Auto Assist or the maximum amount of damages payable by TVS Auto Assist shall be limited to the amount of membership fees paid by the Member for that particular year.

Exclusions

• It is understood that TVS Auto Assist shall not in any case be liable in respect of any loss or damage arising directly or indirectly out of any defect/deficiency in service or spare parts provide by the ASP.
• TVS Auto Assist and/or the ASP shall have right to refuse to perform the service or cancel the membership in case of any abusive behavior by the Member or any fraudulent representation, malicious intent or refusal to pay for any charges related to services and spare parts, during service or on previous instance, by the Member.
• General Exclusions regarding Services Coverage are given under Schedule C.

Reach Time:

• Reach time means the time taken for the ASP/Other Service Provider to reach the breakdown/accident location on receipt of information
• The experience of TVS Auto Assist 24X7 EMERGENCY SERVICES so far is that under normal conditions, the mechanical/electrical ASP reaches the Member, within:
  City limits-60 minutes
  State or National Highways - 90 Minutes
  Other Places - 120 minutes
  The above timeframes are only indicative. While TVS Auto Assist and the ASP will put its best efforts to reach the breakdown/accident location within the above timeframes, this shall not be construed as guarantee by TVS Auto Assist or the ASP to reach the said location within indicated time frame.

Miscellaneous

Information on transactions etc.

• As part of the documents to be maintained by TVS Auto Assist, details of telephone calls between TVS Auto Assist/Call Centre and the Members will be monitored & recorded. TVS Auto Assist shall endeavour to preserve confidentiality of all information on transactions with the member. Notwithstanding the foregoing, TVS Auto Assist is entitled to provide information about the Member to its Authorised Service Providers and such authorities as may be expedient or required under law for the time being in force. TVS Auto Assist is entitled to use the data on Members for any purpose in relation to its business.

No Assignment

• This Agreement is personal to the Member and the Member cannot transfer or assign his rights and/or obligations under this Agreement without the prior written consent of TVS Auto Assist.

Entire Agreement

• This Agreement comprises the entire agreement between the parties on the subject matter hereof and supercedes all prior agreements, representations and warranties, if any, between the parties on the subject matter hereof.

Amendment

• TVS Auto Assist is entitled to amend this agreement in any manner including but not limited to increasing or reducing the Facilities offered under this Agreement, increasing or reducing the amounts payable hereunder. The amendments shall be by a written communication sent by TVS Auto Assist to the Member.

Notices

• All notices and communication to the Member shall be sent either by registered/speed post or by a reputed courier chosen by TVS Auto Assist and shall be sent to the address given by the Member in the application form. The Member is entitled to change his address of communication by intimation in writing to TVS Auto Assist. All communication by MyTVS to the member will be deemed to serve the Member within 48 hours of its dispatch. All notices and communication by the Member to TVS Auto Assist shall be sent either by registered/speed post or by reputed courier to their address at: "TVS Building", 7B West Veli Street, Madurai - 625 001.
• Terms & conditions and service coverage, exclusions etc. are subject to change without notice. For the latest terms & conditions please visit www.tvsautoassist.co.in
• It is understood that after the performance of any or all of the services contemplated herein the vehicle shall not become roadworthy. The repairs/services performed are only temporary in nature and the Member is advised to get the vehicle repaired at the workshop of his choice to make it completely roadworthy.
• TVS Auto Assist shall not be responsible for any additional damage or loss to the vehicle or any additional scratches/dents caused to the vehicle due to any deficiency in service attributable to the ASP. Accordingly TVS Auto Assist shall not be responsible for the fittings or any other belongings of the Member. The Member is advised to obtain an acknowledgement of the belongings/fittings and other details before the actual service is performed by the ASP
• It is understood that MyTVS or the ASP shall not be obligated to perform the service in case the vehicle is unattended, seized, unregistered or abandoned

Arbitration & Jurisdiction

• Any disputes and/or claims arising out of or in connection with this Agreement whether during the subsistence of this agreement or thereafter shall be referred to arbitration by a sole arbitrator appointed by TVS Auto Assist The provisions of the Arbitration and Conciliation Act, 1996 or any statutory modification or re-enactment thereof for the time being in force shall apply. The arbitration shall be held in Madurai City. India and the proceedings shall be conducted in English. The Courts in Madurai City shall have exclusive jurisdiction.

Schedule A

Facilities Offered Under Emergency Roadside Assistance

This refers to rendering assistance at the Roadside, when the Vehicle is stranded due to a breakdown or Accident. Labour Assistance for minor mechanical & electrical repairs, arranging for taxi, arranging for wrecker services, arranging for Towing Services, as detailed below: (Consumables & Parts charged at actuals to the end Member).

• On site - Minor Repairs of the Covered Vehicle
  In the event of immobilization of the Covered Vehicle due to mechanical or electrical breakdown and as long as the said fault can be repaired at the place of immobilization within a maximum time period of sixty minutes, TVS Auto Assist will proceed with on-site repair of the breakdown. Neither supply of parts or replacement elements, nor materials in general are included in this coverage.
• Locked/Lost Keys.
  In case the keys of the covered vehicle are locked-in, TVS Auto Assist will help the Member as much as possible to get keys out of the car. Any breakage of glass or door beading, if required shall be with prior approval of the Member and to their account. In case the keys are lost and the abovementioned cover cannot be provided we shall tow the vehicle to a nearest safe place. The Member shall have to arrange for a duplicate set on their own cost and efforts. We shall surely help, if possible, them to find an appropriate solution. To avoid misuse, this service shall be highly restricted and only provided on Member furnishing valid identification documents.
• Fuel delivery
  If the Covered Vehicle runs out of fuel we can deliver up to 5 litres of fuel (petrol or diesel only). Cost of fuel shall be paid by Member on the spot.
• Tyre change
  If the Covered Vehicle has a punctured or burst tyre, TVS Auto Assist will take care of changing it with the spare tyre carried in the Member's vehicle. In a case where spare tyre cannot be used we shall either tow the vehicle to nearest tyre repair shop or accompany the Member to nearest tyre repair shop and back to vehicle. The Member shall have to pay directly to the tyrerepair shop/towing vendor and TVS Auto Assist shall not be liable for the quality or workmanship of such repairs.
• Towing
  Towing the Vehicle to the place of Member's choice, if repair cannot be undertaken at roadside (Cost to be borne by Member).
• Taxi Arrangement
  Arrangement of Taxi to the place of Member's choice, if Member so requires, as alternate travelling arrangement in case of major breakdown or accident. The model and capacity etc., of the taxi so arranged will be at the discretion of TVS and may not have matching features/facilities of the stranded vehicle of the member (Cost to be borne by Member)
• Wrecker Services (Cost to be borne by Member).

Schedule B

Geographical area where the services are available at all Major Cities, Highways, Motorable Roads:

Tamilnadu, Kerala, Karnataka, Andhra Pradesh, Goa, Maharashtra, Gujarat, Madhya Pradesh, Rajasthan, New Delhi, Haryana, Punjab, Himachal Pradesh, Uttarkhand, Uttar Pradesh, Bihar, Jharkhand, Orissa, West Bengal, Puducherry, Chandigarh, Dadra & Nagar Haveli, Daman & Diu.

Geographical area where services are limited to major cities and highways:

Arunachal Pradesh, Assam, Chhattisgargh, Meghalaya, Manipur, Mizoram, Nagaland, Sikkim, Tripura

Geographical area where no services available:

Jammu & Kashmir, Andaman & Nicobar Islands, Lakshadweep

Schedule C

General Exclusions To Service Coverage

• Any vehicle which has not been maintained regularly as per manufacturer guidelines and thus is not in roadworthy condition.
• Any event when the driver of the vehicle is found to be in any of the situations that are indicated below:
  1. The state of intoxication or under the influence of alcohol, drugs, toxins or narcotics not medically prescribed.
  2. Lack of permission or corresponding license for the category of the Covered Vehicle or violation of the sanction of cancellation or withdrawal of them.
• Any event where breakdown is caused by deliberately inflicted damage, vandalism or participation in a criminal act or offence
• Any customer history where Member has twice on prior occasions misused or abused the services.
• Those accidents resulting from the illegitimate removal of the Covered Vehicle.
• Those accidents or breakdowns that are produced when the Member or the authorized driver have infringed upon the regulatory ordinances as far as the requisites and number of persons transported, weight and means of things and animals that can be transported or the form of handling them as long as the infraction has been the determining cause of the accident or the causal event of the incident.
• Any vehicle involved in or liable to be involved in legal case prior to or post immobilization.
• Those happening while the vehicle lacks documentation or requisites (including the Technical Inspection of the Vehicles and Obligatory Insurance) legally necessary to ply on public roads.
• Those caused by fuels, mineral essences, and other inflammable, explosive or toxic materials transported in the Covered Vehicle.
• Any public vehicle like ambulances, taxis, police vehicles and/or fire brigade vehicles and any other vehicle not used for private use are excluded of all the services coverage under these general conditions.
• Luggage that is not sufficiently wrapped or identified, fragile luggage or perishable products, and any commercial goods carried in the Covered Vehicle.
• Assistance to occupants of the Covered Vehicle different to those defined as beneficiaries.
• Any animals carried in the Covered Vehicle.
• The following vehicles are not covered:
  1. Those used for hire or reward, except if expressly included above.
  2. Those used for the transportation of goods.
  3. Those with more or less than 4 wheels.
  4. Those not powered exclusively by an internal combustion engine.
  5. Those vehicles which are Completely Built Units/Imported from Overseas.
• Events not covered under the program :
  1. Boot cannot be opened when vehicle is in drivable conditions.
  2. Non-functional horn. If the horn is activated incessantly, the Services will be provided
  3. Faulty fuel gauge
  4. Non-futional Speedometer
  5. Non-functional sunroof operation
  6. Non-functional Air-conditioning.
  7. Non-functional de-misters/de-fogger
  8. Vehicle headlights not functional during day time.
  9. Non-functional Seat adjustor but the vehicle can be driven safely
  10. Illumination warning lamp of ABS, airbag warning or traction control or any such non-safety related lights/service warnings lights which do not render the vehicle immobilized.
  11. In the event of passenger doors not opening or seatbelts not functioning and there are no passengers except the driver
  12. Damaged door glasses or non-functional windows when there are no security or weather risks.
  13. Broken rear-view mirror not obstructing driver's view.
  14. Damaged or faulty fuel cap but vehicle has sufficient fuel to reach the nearest authorized dealer
  15. Windscreen wipers turning faulty in fair weather or vehicle running out of windscreen wiper fluid.
  16. Electronic Vehicle security system are faulty but do not render it immobilized and the alarm is not hooting continuously.