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Terms of Use for Yamaha Motorcycle Connect X Application

This Terms of Use for the “Yamaha Motorcycle Connect X” Application ("Terms of Use") sets forth the terms and conditions for using application for smartphones, namely the "Yamaha Motorcycle Connect X" ("Application"), provided by Yamaha Motor India Pvt. Ltd. ("Yamaha").

 

Article 1 (Applicability of this Terms of Use)

  1. This Terms of Use shall apply to relationship between Yamaha and any individual user ("User") using this Application.
  2. We may make available other terms of use and/or precautions for the use of this Application separately from this Terms of Use on our website.

 

Article 2 (Definition)

Terms used in this Terms of Use shall have the following meanings.

  1. "Yamaha Motor ID" means the login ID issued by Yamaha for use of this Application and other applications by or for Yamaha.
  2. "Vehicle" means a motorcycle equipped with a CCU (hereinafter defined) owned, possessed or managed by the User.
  3. "Device" means any mobile device which model shall be separately designated by Yamaha, which is owned, possessed or managed by the User.
  4. "CCU" means a communication control unit to be installed to the Vehicle that enables the use of the Application.
  5. "Pairing" means the synchronization process between the CCU of the Vehicle and the Application downloaded to your Device.

 

Article 3. Agreement to this Terms of Use

  1. The User will be deemed to have agreed to this Terms of Use at the time of pressing “agree” button after downloading this Application to your Device.
  2. If the User is a minor, you are requested to have obtained the consent of the parent or other legal representatives before using this Application.
  3. If a minor, as a User, has falsely agreed to this Terms of Use without acquiring the consent of his/her parent or legal representative or falsely informs his/her age and made Yamaha believe that he/she is not a minor, the User shall not be able to revoke any act related to the Application.
  4. If the User reaches the age of maturity and uses the Application which he/she has consented to the use of while he/she was still a minor, the User is deemed to have acknowledged all legal actions related to the Application.

 

Article 4 (Registration of Yamaha Motor ID)

  1. In order for the User to use the Application, the User is requested to register and obtain a Yamaha Motor ID before using the Application in order to log in to this Application as described in the following sections.
  2. The User will apply for registration for the use of the Yamaha Motor ID by entering the User’s e-mail address, nickname, date of birth and other information that we specify in the registration form ("Registration Information") in accordance with the processes as specified herein. Yamaha will issue a Yamaha Motor ID to the User after receipt of an application for use registration, unless there is any reason as specified in the section 4 of this Article.
  3. After the registration of Yamaha Motor ID, the User is then required to register for the use of the Application by completing and submitting the account registration form on the Application and clicking on the verification link in the email that the Application will send to the User.
  4. The User shall enter true, accurate, complete and non-misleading information at the time of application for the registration, and the information may be modified by the User as appropriate so that the registered information remains up-to-date after registration.
  5. In the event of any of the following, Yamaha may not approve the User's application for registration.
    1. If there is false, inaccurate, incorrect or missing information in the registration form;
    2. If the User is a member of anti-social force or has a relationship with anti-social force;
    3. If the User does not agree to this Terms of Use;
    4. In the case of violation of this Terms of Use; or,
    5. In cases that Yamaha considers the User inappropriate as a user of the Application.

 

Article 5 (Change of registration information to Yamaha Motor ID)

  1. In case there are changes to the registered information, the User shall promptly update the registered information in accordance with the process as our prescribed methods.
  2. Yamaha assumes no liability for any disadvantages caused by any failure of not updating the correct information as mentioned in the section 1 of this Article.

 

Article 6 (User’s Responsibilities to manage its own Yamaha Motor ID)

  1. The User shall use and manage Yamaha Motor ID and password at his/her own risk, and Yamaha will not be liable for any damages caused to the User by any misuse or loss of the Yamaha Motor ID or the password by the User or any unauthorized use of the Yamaha Motor ID or the password by any third party.
  2. The User shall not make his/her Yamaha Motor ID available to any third party, assign, sell, lend, or otherwise allow any third party to use his/her Yamaha Motor ID.
  3. The User shall notify Yamaha by telephone/email to our office, as specified at the end of this Terms of Use, if you become aware of any unauthorized use of your Yamaha Motor ID.

 

Article 7 (Contents of this Application)

  1. This Application is only available to Users who have registered and obtained Yamaha Motor ID.
  2. The User can use the Application on the User's Device by Pairing the CCU of the Vehicle with the Application downloaded to the Device. Please note that this Application downloaded to the Device cannot be paired with more than one Vehicle. When Pairing with a Vehicle other than the Vehicle paired with this Application, it is necessary to re-pair.
  3. Notes on use of the Application are available in the FAQ section of the Application. The FAQ and/or additional information on how to use the Application is also available on Yamaha’s website. The User is requested to refer to the contents in the FAQ section in case the User has any inquiry regarding the use of the Application.
  4. The User acknowledges and agrees to, due to the specifications of this Application, there may arise certain differences or inconsistencies between the display of the Vehicle and the display of the Application on Device.
  5. It is free of charge for the User to use the Application on the User’s Device, however, the cost of network shall be borne by the User.

 

Article 8 (Device)

  1. The Application can be used on certain types of Device that are compatible to this Application. The User acknowledges and agrees to that some or all of the functions of this Application may not be available depending on the model of the User's Device or the version of the operating software, i.e., Android OS or iOS.
  2. The User shall prepare his/her own Device (including operating software) and network lines, etc. required for using the Application at his/her own responsibility.
  3. The User shall use this Application at his own risk and responsibility to manage the Device from which the Application has been downloaded and Yamaha shall not be liable for any damages caused by theft of the Device, misuse of the Device, use of a third party, or unauthorized access, etc.
  4. This Application requires permission to access the camera, current location information, contacts, incoming call notification, etc. of the Device. When using this function, Yamaha will not liable for any damages caused by not accepting permission to those functions mentioned above.

 

Article 9 (Usage restrictions)

  1. The User is prohibited to copy, modify, transmit, publish, distribute, assign, lend, translate or sublicense the Application, its contents or any information provided with the Application.
  2. The User is not allowed to use this Application for illegal or commercial purposes.

 

Article 10 (Prohibited Items)

The User is prohibited to perform any of the following acts when using this Application.

  1. To use the Application using other user's Yamaha Motor ID;
  2. To use the Application to copy, store, host, transmit, send, use, publish or distribute any material which consists or is linked to any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
  3. To conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to the Application;
  4. To access or otherwise interact with the Application using any robot, spider or other automated means;
  5. To publish any material in the Application or use data collected from the Application for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing and direct mailing), except for those data that you input by yourself;
  6. To infringe any intellectual property rights of Yamaha or any third party;
  7. To infringe or threaten to infringe on any property, rights, and privacy of Yamaha or any third party;
  8. To conduct defamation of Yamaha or any third party;
  9. To modify the programs of the Application;
  10. To violate domestic and foreign communication network rules that apply to the User and/or the Application when communicating through domestic and foreign communication networks;
  11. To cause interference to the operation of the Application;
  12. To violate applicable laws, regulations, ordinances, or public policy or public moral;
  13. To violate the provisions of this Terms of Use; or,
  14. To conduct any other acts we consider to be inappropriate or harmful for the users of the Application.

 

Article 11 (Prohibition of Transfer of Rights)

  1. The User is not permitted to transfer the right to use this Application to any third party.
  2. Yamaha may transfer all or part of the Application to a third party at our discretion, in which case all rights and obligations of the user of the Application, including the User's account, shall be transferred to the transferee in accordance with the conditions of such transfer.

 

Article 12 (Cancellation of subscription)

  1. When the User wishes to unsubscribe from this Application, the User shall notify Yamaha through the inquiry form of this Application. The cancellation of subscription of this Application shall take effect upon submission of the inquiry form through the Application.
  2. As a result of request for deletion of User information of the Application, the User agrees in advance that the User will not be able to use the Application or any other mobile Applicationlications provided from Yamaha using the Yamaha Motor ID.

 

Article 13 (Termination of use of the Application)

Yamaha will be able to suspend or terminate the use of this Application by the User in whole or in part without prior notice to the User if any of the following is acknowledged by Yamaha. In case Yamaha acknowledges the following, Yamaha may suspend or terminate the use of the Application by the User, and the Yamaha Motor ID may also be unregistered. Yamaha assumes no liability for any damages incurred on the User.

  1. If you cancel subscription from My Yamaha Motor Application and you also cancel the membership from the Yamaha Motor ID;
  2. If Yamaha suspends or terminates the use of the My Yamaha Motor Application by the User and deletes the registered Yamaha Motor ID of the User;
  3. If there are false, inaccurate, incorrect, or missing information in the registered information to the Application or to the Yamaha Motor ID;
  4. If information of the User necessary for the use of the Application, including the registered information, is deleted at the request of the User;
  5. If the User does not exist;
  6. If the User has not used the Application for a period of more than three years from the last time the User logged in to the Application;
  7. If the User belongs to any anti-social force or has a relationship with any anti-social force;
  8. If the User does not agree to this Terms of Use;
  9. If the User violates any of this Terms of Use; or,
  10. If Yamaha determines the User is inappropriate as a user of the Application.

 

Article 14 (Effect of cancellation and termination)

Yamaha will delete the User's personal information obtained through this Application when the User cancels use of the Application. However, information provided by the User except for those information other than personal information (including anonymized processed information) may continue to be stored and may be used as statistical data.

 

Article 15 (Deletion of information)

  1. Yamaha may delete information and other content registered by the User, including but not limited to usage history, without notifying the User. Yamaha shall not be liable for any disadvantage or damage to the User due to such deletion of information.
  2. The User acknowledges and agrees that Yamaha may disclose the information of the User upon request from any governmental organization or pursuant to any applicable law or regulation.

 

Article 16 (Modification or termination of provision of this Application)

  1. Yamaha may modify, add or delete any contents of this Application in whole or in part without notifying the User.
  2. Yamaha will not be liable for any damages caused to the User due to any modification, addendum or deletion of the contents to the Application.

 

Article 17 (Temporary interruption of the Application)

In any of the following cases, Yamaha may temporarily suspend the provision of services of the Application without notifying the User. In such case, Yamaha assumes no liability for any damages caused to the User.

  1. Periodic or emergency system maintenance of this Application;
  2. Inability to provide service of the Application due to a fire, power failure, any natural disasters such as earthquakes, fires, floods, tsunami, war, riots, disturbances, labor disputes, etc.
  3. Suspension of communication network service, including but not limited to, any failure to the network or any failure due to the using environment of the Application by the User;
  4. Cases Yamaha determines that it is necessary to temporarily suspend the provision of service of the Application, for any reason including operational or technical problems.

 

Article 18 (Intellectual Property Right)

  1. Any intellectual property, including but not limited to, copyrights, patents, trademarks and design rights of text, images, photographs, sound, videos, information, etc. (hereafter "Contents”) provided through this Application belongs to Yamaha. The User shall not use any copyrighted materials acquired through this Application beyond the scope explicitly permitted by this Terms of Use. Nothing contained herein shall be construed as granting to the User a license of any intellectual property rights related to the Application owned by Yamaha.
  2. Copyright and any and all other rights relating to any comments from the User related to this Application to Yamaha will belong to Yamaha. The User making such comments to us shall not exercise the rights of the copyright holder for such proposals.

 

Article 19 (Amendment to this Terms of Use)

  1. The User acknowledges and agrees that Yamaha may time to time make changes to the contents of this Terms of Use at any time without the consent of the User.
  2. Yamaha will notify the User of any changes to this Terms of Use either on Yamaha’s website or on the Application or any other means that the User can refer to.
  3. Changes to the Terms of Use takes effect as soon as Yamaha issues notices of change in accordance with the previous paragraph. In case of change to the Terms of Use that may have significant impact on the User, Yamaha will notify the User of the change with a reasonable notice period.
  4. If the User uses or logs into the Application after change of this Terms of Use takes effect, the User is deemed to have agreed to the changed Terms of Use.

 

Article 20 (Disclaimer)

  1. Yamaha will not be liable for any damages arising from modification, interruption or termination of the contents of this Application.
  2. Yamaha will not be liable for any damages caused by use or inability to use this Application.
  3. Yamaha does not assume any responsibility whatsoever for the User's use or inability to use the Application in any environment.
  4. Yamaha makes no warranties regarding fitness, usefulness, accuracy and completeness of the Application for any particular purpose.
  5. Yamaha will not be liable for any damages to any User in cases when;
    1. Even though Yamaha has taken considerable security measures, unauthorized access by third parties or illegal acts such as intrusion of computer viruses have occurred; or,
    2. Disruption, delay, or inability to use the Application or loss of information on the Application due to the failure of communication lines, systems, servers, etc.
  6. Yamaha does not guarantee that this Application is compatible with all devices, and the User acknowledges that there may be problems with the operation of this Application due to the version upgrade of operation systems such as Android OS or iOS provided for the use of this Application. Yamaha does not warrant that such problems will be resolved by modification of the programs we make in the event of such problems.
  7. The User shall acknowledge in advance that use of some or all of this Application may be restricted due to changes in the terms of use and operational policy of the service store, such as Application Store, Google Play.
  8. Yamaha shall not be liable for any dispute between the User and any third party (including but not limited to other users of the Application) regarding the use of this Application.
  9. If any third party claims to Yamaha for damages due to the act or omission of the User, the User shall resolve this at the User's expense (attorney's fee) and responsibility. If Yamaha pays such third party for damages, the User shall indemnify Yamaha for any fees, including attorney's fees and lost profits, including damages.
  10. If the User incurs any damages to Yamaha in connection with the use of the Application, the User shall indemnify Yamaha.

 

Article 21 (Governing Law & Jurisdiction)

  1. This Terms of Use shall be governed by and construed in accordance with the laws of India.
  2. Any dispute between the User and Yamaha with respect to this Terms of Use or use of this Application shall be finally settled in arbitration in accordance with the Indian Arbitration & Conciliation Act 1996. The Place of Arbitration shall be Chennai India.

 

Article 22 (Governing Language)

English shall be the governing language of this Terms of Use. Any version in any other language is for convenience purpose only.

 

Our Contact details:

This application is owned and operated by India Yamaha Motor Pvt Ltd.

You can contact us:

Toll free: 1800 420 1600

email id: yes@yamaha-motor-india.com