User’s Responsibility

1. The User shall be required to read and understand the instructions completely and charge their Vehicle on the Charging Station. Ather shall not be liable for any claims of damages or liabilities that may arise due to improper charging of Vehicle on the Charging Station in violation of the terms of the instructions.You understand that You are responsible for damage to the Vehicle and the Charging Station caused by Your actions and default in observing and following the instructions.
2. You should have a valid driving or other licence, as may be required as per applicable laws, in order to use the Vehicle. You are responsible for ensuring that You hold a valid, current version of any such licence.
3. You shall take the necessary precautions while operating the Charging Station and shall not damage the device or expose its electrical parts or tamper with it. Ather shall not be liable or responsible if the User plugs in any other electrical equipment other than the Vehicle in the socket.
4. Ather shall not be responsible or liable in any manner whatsoever, for any loss and/or damages caused to the Vehicle, any person or property due to the usage of Charging Station by You.
5. The User undertakes to abide by all procedures and guidelines, as modified from time to time, in connection with the use of the Services available through Ather. The User further undertakes to comply with all applicable laws, regulations, orders, directions etc. issued by the extant governmental authority.
6. You represent and warrant that you are the lawful owner of the Vehicle and/or have taken appropriate consents from the lawful owner for charging the Vehicle at the Charging Station. Ather shall not be responsible or liable for any claims in any manner whatsoever, arising from the unauthorized usage or charging of the Vehicle.

Disclaimer

The Services are provided on an "as is'' and "as available" basis. We do not endorse or warrant the existence, conduct, performance, safety, quality, compatibility of the Vehicle with the Charging Station and shall not be responsible for any incident of fire, electric shock, personal injury, disruption of Services or any other hazard that may be caused to the User or the Vehicle on account of availing the Services at the Charging Station, Ather expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, reasonably fit for all purposes. No advice or information, whether oral or written, which the User obtains from Ather or through the Services opted shall create any warranty not expressly made herein or in the terms and conditions of the Services.

Payments

You acknowledge that the use of Charging Station may attract certain fee and You shall be liable for payment of such fee. All fee payments will be on actuals and the amounts payable by the User upon completion of charging of the Vehicle may exceed the estimated payments at the start. The User acknowledges that the fee for availing the Services and charging the Vehicle may vary from one location to another, and the usage of Services shall constitute acceptance of the fee.

Ather provides various modes of payments for transacting and the User shall be bound by the privacy policy of such third party payment providers, including sharing of any personal sensitive information; i.e. credit/debit card number, CVV, OTP, card expiry date, user IDs, passwords etc. It is to be noted that Ather will not be storing any bank related information on our records and no one from the organisation will be exposed to this information. Ather further reserves the right to alter any and all fees for charging a Vehicle on the Charging Station, from time to time without prior notice.

Any increase in the price charged by Ather on account of change in rate of taxes or imposition of new taxes, levies by Government shall have to be borne by the User. Such imposition of taxes, levies may be without prior notice and could also be retrospective but will always be as per applicable law.

The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services, as per the applicable laws. he User acknowledges that they shall clear all pending outstanding payments (if any) before charging such Vehicle on the Charging Station and any past overdues may restrict the Services provided by Ather. Additionally, Ather reserves the right to suspend the Services or a portion thereof or initiate a legal action or claim against a User who fails to pay the charges.

Terms of Optimised Charging (80%):

In order to conserve the efficiency and longevity of a battery, if a User enables the feature of optimised charging, it is deemed to have accepted the terms of use of the default Optimised charging feature, including limiting the charging percentage of the Vehicle to a maximum of 80% or any other custom limit set by the User.

The User acknowledges and agrees that Ather may charge different rates on specific charging percentage limits or durations on its Charging Station(s), and the User shall be bound by such payment terms.

Beware of Fraud

The User agrees and understands that all payments shall only be made to bank accounts of Ather or third party payment providers as authorised by Ather. Ather or its agents, representatives or employees shall never ask a customer to transfer money to any private account or to an account not held in the name of Ather. The User agrees that if that user transfers any amount against any booking or transaction to any bank account that is not legitimately held by Ather or to any personal account of any person, Ather shall not be held liable for the same. User shall not hold any right to recover from Ather any amount which is transferred by the User to any third party.

Code of Conduct

1. Illegal activities are not permitted in the Premises.

2. Please keep the Premises and the Charging Station in a good condition. You may be held liable for any damage to the Charging Station or the Premises

3. You should be aware that Ather or the owner/manager of the Premises may refuse service or evict you:

   (a) For refusal or failure to pay for charging the Vehicle;

   (b) If you act in a disorderly fashion or disturb the peace of other users;

   (c) If you destroy, damage, deface or threaten harm to the Premises or the Charging Station

   (d) Any of your actions are deemed inappropriate by Ather or the owner/manager of the Premises

4. Smoking or drinking of alcohol is prohibited within the Premises.

Force Majeure

There can be exceptional circumstances where Ather may be unable to provide the Services due to various reasons like act of God, labour unrest, insolvency, a pandemic, an epidemic, business exigencies, government decisions, terrorist activity, any operational and technical issues, or any other reason beyond the control of Ather. If Ather has advance knowledge of any such situations where Services may remain unavailable, it will make its best efforts to intimate the User.

The User agrees that Ather under no circumstances shall be liable for the non-availability of Services due to any technical reasons or an event of Force Majeure and Ather’s obligation shall be limited to refunding the payment, if any, received from the User.

In no event shall Ather and be liable for any direct, indirect, punitive, incidental, special or consequential damages, and any other damages like damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Charging Station.

Indemnification

You agree to defend, indemnify and hold harmless Ather and its employees, managers, officers, directors, retail partner, contractor/agents, owner/manager of the Premises (“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 Charging Point; (ii) Your breach or alleged breach of these Terms & Conditions; (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; (v) any misrepresentation or alleged misrepresentation made by You; or (vi) damage or destruction caused to the Premises or the Charging Station by You.

The term “Losses” used herein 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 Terms & Conditions.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ATHER’S AGGREGATE AND CUMULATIVE (NOT PER CLAIM) LIABILITY TO YOU FOR DIRECT DAMAGES EXCEED THE AMOUNT PAID FOR AVAILING THE SERVICES IN RELATION TO CHARGING THE VEHICLE.

ATHER DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ATHER MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE LIMIT OR DISABLE YOUR ACCESS TO THE SERVICES WITHOUT NOTICE TO YOU.

EXCEPT AS SET FORTH IN THE PRECEDING CLAUSE AS TO ATHER WITH REGARD TO DIRECT DAMAGES ONLY, UNDER NO CIRCUMSTANCES WILL THE ATHER PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES, DAMAGES, OR OTHER LIABILITIES OF ANY KIND, INCLUDING, FOR EXAMPLE, ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES

AMENDMENT TO THE TERMS & CONDITIONS

Ather reserves the right to change the Terms & Conditions from time to time. The User is responsible for regularly reviewing the Terms & Conditions and usage of the Services shall constitute acceptance of the Services.

GOVERNING LAW AND JURISDICTION

These Terms & Conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore.

Other Terms and conditions:

The acceptance of these Terms and Conditions by the User shall also constitute acceptance of Ather’s Privacy Policy and other terms of use hosted on the Ather website.

GRIEVANCE OFFICER AND NODAL OFFICER DETAILS

If you have any questions or comments about these Terms & Conditions please contact us by email at [email protected] and contact No. 7676600900. Further, if you have any complaints & grievances with respect to any product & services provided over the website, we have a designated “Grievance Officer”, who shall be responsible for Consumer grievance redressal in accordance with applicable laws:

Grievance Officer

C/o Ather Energy Limited (formerly known as Ather Energy Private Limited), 3rd Floor, Tower D IBC KNOWLEDGE PARK IBC Internal Road, Bannerghatta Main Rd, Bengaluru, Karnataka 560029

Time: 10AM – 5PM

Email: [email protected]

Phone : 7899327733