Welcome to Popular KTM

This document is an electronic record in terms of Information Technology Act, 2000 and published in accordance with the provisions of Rule 4 of the Information Technology (Reasonable Security Practices and Sensitive Personal Data or Information) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Popular KTM website or e-commerce platform https://www.popularktm.com (hereinafter referred to as "Platform")

The Platform is owned and operated by Popular Motor Corporation. (“PMC”), an authorised dealer of Bajaj, KTM and Husqvarna bikes manufactured by Bajaj Auto Ltd., having their place of business at #43/1b, DRC post, Bannerghatta Road, Opp. Sagar Apollo Hospital, Bangalore – 560 029.

The platform is created and maintained for the purpose of informing the public of the various KTM products available and services provided by PMC. Further, this site also provides the customer with certain online services by facilitating online booking of KTM Vehicles, by registering in the Website, making advance/partial payment through the partnered payment gateway whose link is provided in the Website, and/or for the purpose of availing any other services from PMC with relation to the purchase of KTM Vehicles and accessories, including but not limited to requesting assistance in loan approval from banks.

Your use of the Platform, and it’s services and tools are governed by the following terms and conditions ("Terms of Use") as applicable, including the applicable policies which are incorporated herein by way of reference. By mere use of the platform, you shall be contracting with Popular Motor Corporation, the owner of the Platform. These terms and conditions including the policies govern your relations, and constitute your binding obligations with PMC.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Services. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Platform by providing data while registering on the Platform as Registered User. The term "Popular",”PMC”,"We","Us","Our" shall mean Popular Motor Corporation and its affiliates.

When You use any of the services provided by Us through the Platform, You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. You shall ensure to review these Terms of Use periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by the User Policies of this website, including but not limited to the Privacy Policy as amended from time to time.

• User Account, Password, and Security

• For all transactions or bookings through the platform the User is required to register on the Platform. This process of registration requires You to disclose certain personal information of the User, including your name, pin code, mobile number and/or email id, and verify the same using the OTPs that will be sent to the disclosed mobile number and email id. The User will only be registered once all contact details are verified.
• We reserve the right to not register a user, if it is found that the information provided is not accurate or the pin code provided does not fall within the State borders of Kerala or Karnataka.
• By registering with the Platform, the User consents to receiving emails, phone calls or SMS texts from Us regarding Your booking, transaction, or any activity on the Platform, or otherwise in relation to the services provided by PMC, including seasonal offer details and new product launches
• If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend, terminate or block access to your account on the Platform. You agree to immediately notify Us of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session

• Services Offered

This platform allows a registered User to avail the following services from Us:

• Register a User account on the platform
• Browse vehicles and accessories offered for sale by Popular KTM, that are available in the selected locations.
• Book a vehicle with Popular KTM by making an advance payment.
• Make partial payment OR balance payment for purchase of a vehicle, through any of the payment mediums available with our payment gateway partner, BillDesk
• Upload all relevant/mandatory legal documents for the RTO registration of the vehicle
• Make a request for loan assistance by providing Us with relevant information and documents such as ID proof, address proof, income statement and any other relevant and necessary documents and information. All information and documents shared by you will remain with Us and will only be used by Us for assisting you in procuring a loan for your vehicle and thus will be shared only with those banks/financial institutions when necessary
• Log in and Log out of the Platform (as the User may please), to view the progress or status of Your booking, transaction or loan approval request.

• User Conduct and Rules on the Platform:

• You shall not use any false e-mail address, impersonate any person or entity, or otherwise mislead Us by sharing multiple addresses and phone numbers or transacting with malafide intentions. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
• You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
• You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

• Jurisdictional Disclaimer (Only available for Sale in Kerala and/or Karnataka)

• PMC only has the right and permission to conduct sale and service of KTM vehicles within the State borders of Kerala and Karnataka. Therefore, unless otherwise specified, the products and services made available on the Platform are presented solely for the purpose of sale in Kerala or Karnataka only. PMC makes no representation that materials in the Platform are appropriate or available for use in any other States/Countries.

• Intellectual Property Disclaimer

• All trademarks and other intellectual property rights relating to the KTM brand and line of products that are displayed on this Platform, including but not limited to the brand logo, product design, certain text and images are owned by KTM AG, Mattaghofen, Austria, and has been used on this site with prior permission from the owner of such intellectual property.
• All other trademarks and intellectual property rights subsisting on this site, without limitation to the Popular brand logo, all other text, images, graphics and code contained in the Site, and in its look and feel (collectively, the "Contents") are owned by PMC or members of its group of companies, or by any other third-party providers, where specifically mentioned.
• Except where otherwise specified, you may view, copy and print the Contents only for your own use, provided that all copies and print-outs of the Contents bear the copyright and other proprietary notices and disclaimers displayed on them on the Site. We reserve the right, but have no obligation, to change the Contents at any time.
• Other than as specified above, neither the Site nor any of its Contents may be modified or copied in whole or part in any form, including by framing, incorporation into other websites or other publication, or be used to create any derivative work. No links to the Site may be included in any other website without Our prior written permission. None of KTM, PMC or any of its group companies' trade marks or other related intellectual property, available on this site or otherwise, may be used without prior written permission from the owner of that intellectual property.
• Other than as specified above, nothing on the Site should be construed as granting any right or license. We do not guarantee that you have any right to use content available on the Platform that is owned by any third party, and that third party's permission will not be required before you use such content. None of the Contents may be changed, nor may any copyright or author attribution notice appearing on any of the Contents be altered or removed, without Our prior permission.

• Disclaimer of Warranties and Liability

• All the materials and products (including but not limited to software) and services, included on or otherwise made available to You through Platform are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, PMC does not warrant that: the Platform will be constantly available, or available at all or The information on Platform is complete, true, accurate or non-misleading.
• We do not warrant that Product description or other content on the Platform is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
• All Products sold on the Platform are governed by different state laws and if We are unable to deliver such Products due to implications of different state laws, We will return or will give credit for the amount (if any) received in advance by Us from the sale of such Product that could not be delivered to You.
• You will be required to enter a valid phone number while placing an order on the Platform. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, with regard to your booking or any other confirmation or related updates. We may also use such contact information to update you about seasonal offers and new product launches.

• Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

• Links To Other Websites

The Platform may contain links to third-party web sites or services that are not owned or controlled by Us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that PMC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

• Indemnity

You shall indemnify and hold harmless PMC, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, 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 Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

• Governing Law

These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the jurisdiction of courts, tribunals, or other applicable authorities at Karnataka or Kerala, whichever may be applicable.