Ather Energy Private Limited, a company incorporated under the Companies Act, 1956 and having its registered address at 3rdFloor, Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bangalore – 560064 (hereinafter referred to as “Ather®” or “We” or “Our” or “Us”) offers the Ather branded electric two-wheeled vehicles along with the off-board/portable charger (“Vehicle”) for sale to customers (hereinafter referred to as “Customer” or “You” or “Your” or “User” ) either by itself or through it's authorized retail partners (“Retail Partner”), subject to these terms and conditions (“Purchase Terms”).
By accepting these Purchase Terms, You enter into a legally binding agreement with Ather, enforceable in accordance with the Information Technology Act, 2000 for the purchase of the Vehicle. Please read and understand these Purchase Terms carefully. In the event these Purchase Terms are not acceptable to You, please do not proceed with the purchase of the Vehicle. Consolidated Terms (defined below) have been incorporated with these Purchase Terms by reference. For the purpose of this Purchase Terms, ‘Consolidated Terms’ shall mean the Ather Subscription Terms, EULA and the Warranty Policy, as amended by Ather from time to time.
Ather or its Retail Partner and the Customer shall be jointly referred to as the “Parties” and individually as the “Party”.
By accepting these Purchase Terms (whether by execution, or online as click-wrap), You hereby accept and acknowledge that You have read all the terms and conditions of these Purchase Terms and all the details provided by You are complete and accurate. You also represent that You are not a minor in accordance with the applicable laws.
A user manual (“User Manual”) is available on Ather’s website, detailing the parts, technology and functionality of the Vehicle and Charging Points. The User Manual shall also detail the manner in which the Vehicle is required to be used by the Customer. The Customer shall be required to read and understand the User Manual completely and use the Vehicle in accordance with the instructions provided in the User Manual. The User Manual may be updated from time to time to reflect any changes to the features and functionalities of the Vehicle, and You agree to comply with the stipulations and requirements of such updated User Manual. You can access the latest version of the User Manual. Ather shall not be liable for any claims of damages or liabilities that arise due to the use of the Vehicle by the Customer in violation of the terms of the User Manual.
Ather provides limited warranty for Your Vehicle, battery and associated components subject to Ather’s Warranty Policy. The details of the warranties provided are subject to the model of Your Vehicle. You can view the Warranty Policy for each Vehicle model [here]. Only the Warranty Policy for Your Vehicle model will be applicable to You.
It is hereby clarified that by accepting these Purchase Terms, You have read the Warranty Policy as mentioned herein and have given your deemed acceptance to the same. We recommend You read the Warranty Policy before accepting these Purchase Terms.
Ather offers a suite of separate, on-going services (“Ather Subscription Services”) along with the sale of the Vehicle under the Ather Subscription Terms (“Ather Subscription Terms”). Unless otherwise stated by Ather, Your use of the Ather Subscription Services or any plans comprising of selected bundle of services (“Ather Plans”) will be subject to payment of a separate fee for such Ather Subscription Services or the Ather Plans. The details of the services, the terms and conditions and the respective charges will be as per Ather Subscription Terms available [here]. You have to purchase the Ather Subscription Services separately and such services shall be governed by Ather Subscription Terms.
In the event the Vehicle purchased by You is recalled, Ather shall notify the same by publishing information regarding such recalled Vehicles on its Website. If Your Vehicle is listed for recall on the Website, You are advised to call customer support service or visit the Retail Partner location for instructions on further action required to be taken by You. The Customer understands and acknowledges that any such recall made by Ather shall be in relation to ensuring better safety and handling of the Vehicle and the Customer shall not have any claims against any damages arising out of or in connection with such recall.
You agree to defend, indemnify and hold harmless Ather and its employees, managers, officers, directors, Retail Partner, contractor/agents (“Ather Parties”) from and against any ‘Losses’ (hereinafter defined) arising out of, related to, or in connection with (including as a result of Your direct activities or those conducted on Your behalf, those conducted at Your request, or those otherwise attributable to You): (i) Your access to or use of the Vehicle, Charging Point and/or the Ather Technology (as defined in the EULA);
(ii) Your breach or alleged breach of these Purchase Terms; (iii) Your violation or alleged violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property, or privacy right; (iv) Your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation or alleged misrepresentation made by You. You shall not settle any claim relating to these Purchase Terms without the prior written consent of Ather.
The term “Losses” used herein in this Clause 15 of these Purchase Terms shall mean any and all damages, losses, deficiencies, liabilities, penalties, judgments, settlements, claims, payments, fines, charges, interest, costs and expenses, whether or not resulting from third party claims, including the costs and expenses of any and all ‘Actions’ (hereinafter defined) and demands, assessments, judgments, settlements and compromises relating thereto and the costs and expenses of attorneys’, accountants’, consultants’ and other professionals’ fees and expenses incurred in the investigation or defense thereof or the enforcement of rights hereunder these Purchase Terms.
The term “Action” used herein in this Clause means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any union, state, local, governmental authority or any arbitration or mediation tribunal.