TERMS AND CONDITIONS (“T&C”)

Last Updated: 8 January, 2025

This Application is ideated, developed, owned and provided by Apollo Tyres Ltd.

These T&C read with Privacy Policy available on the site/ application constitutes a legally binding agreement between You and Apollo Tyres Ltd (“Us” or “We”) and shall apply to and govern Your visit and usage of the Site/ Application, Gyde (“Services”), whether in capacity of User or otherwise, through a computer peripheral, mobile, tablet or otherwise as well as to any information or services provided through the Site/ Application. The T&C include any guidelines, additional, or supplemental terms, policies, and disclaimers made available or issued by us from time to time (“Supplemental Terms”). The Supplemental Terms forms an integral part of these T&C. In the event of a conflict between these T&C and the Supplemental Terms with respect to applicable Services, the Supplemental Terms will prevail. These T&C defines the terms and conditions under which you are allowed to use our Site/ Application. You hereby agree that YOU HAVE READ, UNDERSTOOD, AND ARE BOUND BY, THESE T&C, as amended from time to time, and that You will comply the requirements listed herein. Your usage of the Site/ Application. IF YOU DON’T AGREE WITH T&C, PLEASE DO NOT USE THE SITE/ APPLICATION AND UNINSTALL THE APPLICATION.

A.     SERVICES

The Site/ Application enables You to input entries relating to retreading of tyres, provide insights thereon and also intimate customer of status of their requests. You hereby provide explicit approval to us for processing the information provided by you including sharing of mobile number or email address with third party solely for service delivery. You also permit us to text, email or call you for the purpose of providing service, soliciting feedback on the services provided, resolving any complaints, query etc. and You agree to extend cooperation to us to the fullest extent possible. You are expected to consult Your counsel, business and tax advisor as to the legal, business, tax or other matters concerning You. We reserve the right to revise the pricing at any time with an advance notice. For existing users, any revised pricing shall take effect from the subsequent invoice.

B.      ELIGIBILITY

You will be “Eligible” to use the Site/ Application only when You have attained at least age of eighteen (18) years; or are competent to contract in representational capacity or otherwise and have all requisite power and authority.

C.      ACCOUNT CREATION

You understand and acknowledge that to use the Site/ Application, You will be required to register yourself using You phone number, email address or other personal details along with user ID provided by us. You hereby warrant that all information provided furnished in connection with your usage is correct and accurate and keep the same updated at all times. We bear no liability for false, incomplete, old or incorrect data furnished by you. You understand that You are solely responsible for maintaining the security and confidentiality of Your account and will be liable for all transactions occurring through your login ID, whether initiated by You or not. Your Account shall not be transferred, assigned or sold to anyone. We shall not be liable for any loss occurring due to compromise of account credentials or intrusion attacks. We reserve the right to suspend or terminate T&C with immediate effect and for an indefinite period, if we have reason to believe that the data provided by You is incorrect and false or if security of Your account has been compromised in any manner.

D.     USAGE RESTRICTIONS

The Site/Application is intended for Your lawful internal business purpose within European territory only and specifically disallows You from any assignment or resale to anyone. If You are using the Site/ Application outside of Europe, then You either seek our explicit consent in writing or uninstall the Site/ Application right away. We expect User to review the compatibility of the system wherein such Site/ Application is being accessed. We are not responsible for any incompatibility issues. The User is not allowed to abuse or harm the Site/ Application in any manner. We will endeavour to keep our Site/ Application up and running always but at times it may be disrupted owing to maintenance or updating activity or otherwise. We will publish notice of such disruption on our Site/ Application and You hereby agrees to read and understand the notice and no claim in respect of such service disruption shall be made by You.

E.      PRIVACY

Please review our Privacy Notice, which also governs Your usage to the Platform to understand our practices. The personal information/data provided to us by You during the course of usage of the Site/ Application will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If You object to Your information being transferred or used, please do not use the Site/ Application. We believe the information entered by You on the Site/ Application is with due consent of the information owner and under no circumstances will we be responsible for any claims in regard to absent of consent of the information owner.

F.      GRANT OF LICENSE

You hereby agree that we own all rights relating to our Site/ Application including intellectual property rights in respect thereof. We hereby grant You limited, non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use our Site/ Application. The granted license is conditional on You not adapting, modifying, reverse engineering, translating or creating derivative works of our Site/ Application. You are also not allowed to use, publish, display, store, host, transfer, process, communicate, distribute, make available the Site/ Application without our explicit permission, except to the extent permitted under these T&C. You also hereby waive any moral rights that You may have in respect of the Site/ Application. You shall not copy, reproduce, record or make available to the public any ideas, features, functions or graphics of the Site/ Application. You shall not launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Site/ Application. You shall not interfere with or disrupt the integrity or performance of the Site/ Application, or the data contained therein; or attempt to gain unauthorized access to the Site/ Application or its related systems or networks.

G.     DATA SECURITY

Our Site/ Application adheres to reasonable standards of data security in conformance to applicable laws and regulations. However, we disclaim possibility of existence of any intrusive code, virus, worm etc. in any content appearing on our Site/ Application. You are required to maintain adequate data security safeguards at your end to shield You from any intrusive or malicious codes.

H.     WARRANTY DISCLAIMER

The information and the Services provided on as-is basis and we hold no guarantee about timeliness, accuracy, completeness, reliability or content of the information provided by the Site/Application. We disclaim all warranties, express or implied, statutory or otherwise, including without limitation the implied warranties of title, merchantability, quiet enjoyment, fitness to purpose or infringement. Without limiting the foregoing, we make no warranty that the Site/ Application will meet Your requirements or expectations. We also disclaim any liability arising out of any of Your decisions, actions or inactions undertaken basis our Site/ Application.

I.        TERMINATION

Unless terminated, these T&C is perpetual in nature upon accessing or using the Site/ Application. We reserve exclusively all rights to suspend or terminate the Site/Application at our will or if You breach these T&C and no claim in respect thereof is admissible.

J.        LIMITATION OF LIABILITY

In no event shall we be liable to You for any direct, indirect, special, incidental, punitive consequential or exemplary damages, including without limitation loss of business opportunities, lost revenues or anticipated gains, or any other damage of any nature including breach of data, even if such loss or damage are reasonably possible out of usage or access to our Site/ Application. In no event shall our total liability to You in connection with these T&C exceed

€‎1,000 (One Thousand Euros). If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of our liability shall be the minimum permitted under the Applicable Law. In the event of the dissolution, liquidation, or cessation of our operations, you acknowledge and agree that we shall have no further obligations to provide services, and no claims for damages, losses, or refunds shall be made against us, except as required under the applicable law.

K.     FORCE MAJEURE

We shall have no liability to You if we are prevented from or delayed in performing our obligations, or from carrying on our services, by acts, events, omissions, or accidents beyond our reasonable control, including without limitation, strikes, failure of a utility service or telecommunication network, act of God, war, riot, civil commotion, malicious damage, or compliance with any law or governmental order, rule, regulation, or direction.

L.      INDEMNIFICATION

By accepting these T&C, You agree that You shall defend, indemnify and hold us, its affiliates, officers, directors, other users, employees, attorneys, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these T&C or any Applicable Law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party; or (c) Your use or misuse of the Site/ Application.

M.    GRIEVANCE REDRESSAL

In case of any grievances, you may contact our Grievance Redressal Officer with any complaints, grievances or queries relating to T&C through email, as per details mentioned below:

Email ID: dataprivacy@apollotyres.com

N.     GOVERNING LAWS & JURISDICTION

This T&C shall be governed by and construed and enforced in accordance with the laws of India. All matters contained and arising out of these T&Cs shall be subject to exclusive jurisdiction of Delhi, India courts with exclusion of UNCISG. You hereby agree to comply with all applicable legislations, regulations, guidance, directions etc. governing the operation of Site/ Application or content provided therein apart from laws applicable to You from your country of domicile or residence (“Applicable Law”).

O.     MISCELLANEOUS

You agree that these T&C are complete and supersede any past communication, express or implied between us. From time to time we will be updating our T&C and therefore You are expected to regularly read and review our updated T&C. If any part of these T&C is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these T&C will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted). No third party shall have any rights to enforce any terms contained herein.