Terms of Use

About Us

The AtherGrid Mobile Application (hereinafter referred to as the “App”) is developed, owned and operated by Ather Energy Limited (formerly known as Ather Energy Private Limited), incorporated and existing under the laws of India and having its registered office at 3rd Floor Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bengaluru, Karnataka 560029 (hereinafter referred to as “Company”).

Terms of Use

Your use of the App and Services (as defined below) is governed by the following terms and conditions as set out in this Terms of Use and as applicable to the App including the applicable policies which are incorporated herein by way of reference. By using the App or availing the Services, You indicate Your consent to the Terms of Use. You shall be contracting with Company and these Terms of Use including the incorporated policies, constitute Your binding obligations, with the Company. If You disagree with any part contained the Terms and Use, please do not use the App.

For the purpose of these Terms of Use, wherever the context so requires"You" “Your” or"User" shall mean any natural or legal person who has agreed to become a user of the App by accessing, using or creating an Account on the App through their hand-held device. The term"We","Us","Our" shall mean Company.

About Us

The AtherGrid Mobile Application (hereinafter referred to as the “App”) is developed, owned and operated by Ather Energy Limited (formerly known as Ather Energy Private Limited), incorporated and existing under the laws of India and having its registered office at 3rd Floor Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bengaluru, Karnataka 560029 (hereinafter referred to as “Company”).

Eligibility to use

Use of the App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the App. As a minor if you wish to use or transact on the App, such use or transaction may be made by your legal guardian or parents on the App and in such a case, this Terms of Use shall be deemed to be a contract between Your legal guardian or parents and to the extent permissible under law enforceable against You.

You represent and warrant to the Company that You will use the App in a manner consistent with any and all applicable laws and regulations. Company reserves the right to refuse access to use the Services offered through the App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

Your User Account

You may access and avail the App and the Services by registering and creating a user account on the App (“Account”). You may use the Account to avail Services offered by the Company through the App. You may also use the Account to provide information required to avail the Services and to update your profile, contact details and any other relevant information provided by You. The Account is accessible by the unique username and password provided to the User by the Company when they chose to create the Account. The said username and password should be kept highly confidential and should not be disclosed to any third party. You may change the password through Your account however, You agree to accept responsibility for all activities that occur under Your Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure. You should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.

You shall ensure that the Account information provided by You in the App's registration form is complete, accurate and up-to-date. Use of another user's Account information for availing the Services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services and the App (or any portion thereof).

Terms of Use

Your use of the App and Services (as defined below) is governed by the following terms and conditions as set out in this Terms of Use and as applicable to the App including the applicable policies which are incorporated herein by way of reference. By using the App or availing the Services, You indicate Your consent to the Terms of Use. You shall be contracting with Company and these Terms of Use including the incorporated policies, constitute Your binding obligations, with the Company. If You disagree with any part contained the Terms and Use, please do not use the App.

For the purpose of these Terms of Use, wherever the context so requires"You" “Your” or"User" shall mean any natural or legal person who has agreed to become a user of the App by accessing, using or creating an Account on the App through their hand-held device. The term"We","Us","Our" shall mean Company.

Third-Party Accounts

You can also register to create an Account on the App with certain third party social networking sites, including but not limited to, Facebook and Google (each a “Third Party Account”). You may link Your Third-Party Account with the Account, by either:

providing Your Third-Party Account login information to Us through the App;

allowing Us to access Your Third-Party Account, as is permitted under the applicable terms and conditions that govern Your use of such Third-Party Account.

You represent that You are entitled to disclose your Third-Party Account login information to Us and/or grant Us access to Your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third-Party Account and without obligating Us to pay any fees or making Us subject to any usage limitations imposed by such third party service providers. Any information obtained by Us through such Third Party Account shall be used by us in accordance with Our Privacy Policy.

Services

The App is developed to facilitate the use of charging infrastructure (“Charging Infrastructure”) developed by the Company and for providing charging facilities to users of various electric vehicles available in market. The “Services” include without limitation:

allowing the User to register their vehicles on the App in order to avail the Services allowing the User to search for the location of available charging infrastructure providing the User the location and availability of the charging infrastructure through the App navigation facility to the Charging Infrastructure selected by the User as a Third Party Service if applicable, allowing the User to make payment for the Chargeable Services (as defined hereunder) through the App indicating the charge level of the vehicle of the User through the App. User acknowledges and agree that the form and nature of the Services which the Company provides, may require changes in it, therefore, the Company reserves the right to modify, amend, alter, suspend or discontinue the App or the Services at any time without prior notice to the User.

Users may be required by the Company to scan a Quick Response Code (“QR Code”) available at the Charging Infrastructure through the App in order to be able to use the Charging Infrastructure and charge their vehicles. Such QR Code may also be used by the Company to receive any payments for the Services in accordance with these Terms of Use.

Eligibility to use

Use of the App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the App. As a minor if you wish to use or transact on the App, such use or transaction may be made by your legal guardian or parents on the App and in such a case, this Terms of Use shall be deemed to be a contract between Your legal guardian or parents and to the extent permissible under law enforceable against You.

You represent and warrant to the Company that You will use the App in a manner consistent with any and all applicable laws and regulations. Company reserves the right to refuse access to use the Services offered through the App to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

Terms of Service

While availing the Services provided by the Company,

User shall use the Charging Infrastructure only in accordance with any instructions as may be provided by the Company through the App or made available at the location of the Charging Infrastructure

User shall use the Charging Infrastructure with reasonable care and diligence and ensure that there is no mis use of the Charging Infrastructure

User shall ensure that the use of Charging Infrastructure does not lead to any damage to the Charging Infrastructure or the premises on which such Charging Infrastructure is located (“Host”)

User agrees to comply with the policies of the Company related to use of the Charging Infrastructure or any applicable policy of the Host

User agrees to not use the Charging Infrastructure if it is already engaged by another user or in use by any other user, the User shall not remove any vehicle already being charged at the relevant Charging Infrastructure

User hereby acknowledges and agrees that for any enquires or complaints related to the Charging Infrastructure the User will reach out to the customer helpline provided by the Company through the App or any other customer care number provided at the Charging Infrastructure location. However, User agrees that, they shall not contact the Host for any issue, enquiry or complaint related to the Charging Infrastructure.

Users shall further exercise reasonable efforts to report any issue to the Company related the use of Charging Infrastructure, including any damage to the Charging Infrastructure, any damage or any technical bug in the App or any other issue faced by the User while availing the Services. Users further acknowledges and agrees that they shall use the Charging Infrastructure responsibly. The User shall immediately remove the vehicle from Charging Infrastructure once the charging of such vehicle is completed, in order to enable other users to avail the Services.

User Acknowledges and agrees that use of Charging Infrastructure shall be the sole responsibility of the User and User shall be responsible for all risk to the vehicle while using the Charging Infrastructure. The Company shall in no event be liable for any damages or default in the vehicle irrespective of whether such damage is caused due to User’s use of Charging Infrastructure or not.

Fees for Services

You understand that You, and not the Company, are responsible for all electronic communications and content sent from Your device to Us and you must use the App for lawful purposes only. You must not use the App for any of the following:

in any way that causes, or is likely to cause, the App or access to it to be interrupted, damaged or impaired in any way

for fraudulent purposes, or in connection with a criminal offense or other unlawful activity

to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm)

to cause annoyance, inconvenience or needless anxiety

to try to gain unauthorized access or exceeds the scope of authorized access to the App or to profiles, blogs, communities, account information, bulletins, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other users

to engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the App

to create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers

to refer to any website or URL that, in Our sole discretion, contains material that is inappropriate for the App or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use

To 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 App or any content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App. We reserve Our right to bar any such activity

to probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the App

to make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the term Ather

Company reserves the right to terminate your Account or access to the App if Company at its sole discretion has reasons to believe that You have been involved in any of the activities mentioned above.

It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the App, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the App You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the App. Please carefully select the type of information that You publicly disclose or share with others on the App, if applicable.

Your Conduct

You understand that You, and not the Company, are responsible for all electronic communications and content sent from Your device to Us and you must use the App for lawful purposes only. You must not use the App for any of the following:

in any way that causes, or is likely to cause, the App or access to it to be interrupted, damaged or impaired in any way

for fraudulent purposes, or in connection with a criminal offense or other unlawful activity

to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm)

to cause annoyance, inconvenience or needless anxiety

to try to gain unauthorized access or exceeds the scope of authorized access to the App or to profiles, blogs, communities, account information, bulletins, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other users

to engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the App

to create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers

to refer to any website or URL that, in Our sole discretion, contains material that is inappropriate for the App or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use

To 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 App or any content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App. We reserve Our right to bar any such activity

to probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the App

to make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the term Ather

Company reserves the right to terminate your Account or access to the App if Company at its sole discretion has reasons to believe that You have been involved in any of the activities mentioned above.

It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the App, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the App You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the App. Please carefully select the type of information that You publicly disclose or share with others on the App, if applicable.

Third Party Services

You acknowledge that certain third-party services (“Third Party Services”) are available on the App. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to You. However, You acknowledge and agree that at no time are We making any representation or warranty regarding any Third Party Services nor will We be liable to You or any third party for any consequences or claims arising from or in connection with such Third Party Services including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by You or any third party. Such Third Party Services shall be governed by the terms of use of the applicable third party service provider. You hereby disclaim and waive any rights and claims You may have against Us with respect to Third Party Services.

Company accepts no responsibility for advertisements contained within the App. Company has no control over and accepts no responsibility for the content of any website or mobile application to which a link from the App exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. Company does not provide any endorsement or recommendation of any third party website or mobile application to which the App provides a link.

Notwithstanding the generality of the foregoing, You acknowledge and agree that the App includes certain services being provided by Google LLC, including Google Maps (“Google Services”). Your use of such Google Services is governed by Google Terms of Services available at https://policies.google.com/terms?hl=en and by using the App you agree to be bound the such Google Terms of Services.

Your User Account

You may access and avail the App and the Services by registering and creating a user account on the App (“Account”). You may use the Account to avail Services offered by the Company through the App. You may also use the Account to provide information required to avail the Services and to update your profile, contact details and any other relevant information provided by You. The Account is accessible by the unique username and password provided to the User by the Company when they chose to create the Account. The said username and password should be kept highly confidential and should not be disclosed to any third party. You may change the password through Your account however, You agree to accept responsibility for all activities that occur under Your Account or password. You should take all necessary steps to ensure that the password is kept confidential and secure. You should inform Us immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorized manner.

You shall ensure that the Account information provided by You in the App's registration form is complete, accurate and up-to-date. Use of another user's Account information for availing the Services is expressly prohibited. If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Company has the right to suspend or terminate Your Account and refuse any and all current or future use of the Services and the App (or any portion thereof).

Privacy and Information Protection

All information shared by You through the App, or in connection with the Services, including information required to create the Account shall be used by Us in accordance with Our Privacy Policy. Please review Our Privacy Policy available hereto understand our internal policies and practices with respect to Your Information. The personal information / data provided to Us by You during the course of usage of the App or the Services will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If You object to Your information being transferred or used, please do not use the App and the Services.

User Generated Content

You shall be responsible for any comments, notes, messages, emails to the Company, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted by You on the App (collectively, "User Content"). You hereby agree to grant Us worldwide, perpetual and transferable rights in such User Content. We shall be entitled, in accordance with Our Privacy Policy, to use the User Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the User Content You provide. You agree thatany User Content You post may be used by Us, consistent with Our Privacy Policy as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Monitoring of the App and the Account

Company has the right and liberty to monitor the content of the App at all times which shall include information provided in Your Account. The monitoring of the App is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms of Use provided herein. Subject to the Terms of Use, Company shall also have the liberty to remove any objectionable content, which is in contravention of the Terms of Use or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.

Disclaimer of Warranties and Liabilities

We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Services or the App. While we have taken precautions to avoid inaccuracies or deficiency in the Services or the App, the Services are being provided on an ‘as is’ basis without any warranty whether express or implied.

Third-Party Accounts

You can also register to create an Account on the App with certain third party social networking sites, including but not limited to, Facebook and Google (each a “Third Party Account”). You may link Your Third-Party Account with the Account, by either:

providing Your Third-Party Account login information to Us through the App;

allowing Us to access Your Third-Party Account, as is permitted under the applicable terms and conditions that govern Your use of such Third-Party Account.

You represent that You are entitled to disclose your Third-Party Account login information to Us and/or grant Us access to Your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by You of any of the terms and conditions that govern Your use of the applicable Third-Party Account and without obligating Us to pay any fees or making Us subject to any usage limitations imposed by such third party service providers. Any information obtained by Us through such Third Party Account shall be used by us in accordance with Our Privacy Policy.

Indemnity and Release

You shall indemnify and hold harmless Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third party, including any intellectual property rights. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company, including rights to settle, and You agree to cooperate with Company’s defense and settlement of these claims. Company will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms of Use.

Services

The App is developed to facilitate the use of charging infrastructure (“Charging Infrastructure”) developed by the Company and for providing charging facilities to users of various electric vehicles available in market. The “Services” include without limitation:

allowing the User to register their vehicles on the App in order to avail the Services allowing the User to search for the location of available charging infrastructure providing the User the location and availability of the charging infrastructure through the App navigation facility to the Charging Infrastructure selected by the User as a Third Party Service if applicable, allowing the User to make payment for the Chargeable Services (as defined hereunder) through the App indicating the charge level of the vehicle of the User through the App. User acknowledges and agree that the form and nature of the Services which the Company provides, may require changes in it, therefore, the Company reserves the right to modify, amend, alter, suspend or discontinue the App or the Services at any time without prior notice to the User.

Users may be required by the Company to scan a Quick Response Code (“QR Code”) available at the Charging Infrastructure through the App in order to be able to use the Charging Infrastructure and charge their vehicles. Such QR Code may also be used by the Company to receive any payments for the Services in accordance with these Terms of Use.

Communications

When You use the App, You are communicating with Us electronically. We may communicate with You by e-mail, SMS, phone call or by posting notices on the App or by any other mode of communication. For contractual purposes, You hereby expressly consent to receive communications including SMS, e-mail or phone calls from Us.

Losses

We will not be liable to You or any third party for any indirect, incidental, special or consequential (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) losses in connection with the App or these Terms of Use. To the maximum extent permitted by law, You waive, release, discharge and hold harmless the Company of action arising out of Your use of the Website.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to the App, Services, policies, and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that You use the App, unless any change to those policies or these conditions is required to be made by law or government authority.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect Your statutory rights.

Terms of Service

While availing the Services provided by the Company,

User shall use the Charging Infrastructure only in accordance with any instructions as may be provided by the Company through the App or made available at the location of the Charging Infrastructure

User shall use the Charging Infrastructure with reasonable care and diligence and ensure that there is no mis use of the Charging Infrastructure

User shall ensure that the use of Charging Infrastructure does not lead to any damage to the Charging Infrastructure or the premises on which such Charging Infrastructure is located (“Host”)

User agrees to comply with the policies of the Company related to use of the Charging Infrastructure or any applicable policy of the Host

User agrees to not use the Charging Infrastructure if it is already engaged by another user or in use by any other user, the User shall not remove any vehicle already being charged at the relevant Charging Infrastructure

User hereby acknowledges and agrees that for any enquires or complaints related to the Charging Infrastructure the User will reach out to the customer helpline provided by the Company through the App or any other customer care number provided at the Charging Infrastructure location. However, User agrees that, they shall not contact the Host for any issue, enquiry or complaint related to the Charging Infrastructure.

Users shall further exercise reasonable efforts to report any issue to the Company related the use of Charging Infrastructure, including any damage to the Charging Infrastructure, any damage or any technical bug in the App or any other issue faced by the User while availing the Services. Users further acknowledges and agrees that they shall use the Charging Infrastructure responsibly. The User shall immediately remove the vehicle from Charging Infrastructure once the charging of such vehicle is completed, in order to enable other users to avail the Services.

User Acknowledges and agrees that use of Charging Infrastructure shall be the sole responsibility of the User and User shall be responsible for all risk to the vehicle while using the Charging Infrastructure. The Company shall in no event be liable for any damages or default in the vehicle irrespective of whether such damage is caused due to User’s use of Charging Infrastructure or not.

Severability

If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Waiver

If You breach this Terms of Use and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms of Use.

Fees for Services

You understand that You, and not the Company, are responsible for all electronic communications and content sent from Your device to Us and you must use the App for lawful purposes only. You must not use the App for any of the following:

in any way that causes, or is likely to cause, the App or access to it to be interrupted, damaged or impaired in any way

for fraudulent purposes, or in connection with a criminal offense or other unlawful activity

to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm)

to cause annoyance, inconvenience or needless anxiety

to try to gain unauthorized access or exceeds the scope of authorized access to the App or to profiles, blogs, communities, account information, bulletins, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other users

to engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the App

to create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers

to refer to any website or URL that, in Our sole discretion, contains material that is inappropriate for the App or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use

To 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 App or any content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App. We reserve Our right to bar any such activity

to probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the App

to make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the term Ather

Company reserves the right to terminate your Account or access to the App if Company at its sole discretion has reasons to believe that You have been involved in any of the activities mentioned above.

It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the App, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the App You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the App. Please carefully select the type of information that You publicly disclose or share with others on the App, if applicable.

Governing law and Jurisdiction

This Terms of Use are governed by and construed in accordance with the laws of India. In case of any dispute arising out of or in connection with the use of the App or the Services, You agree, as We do, to submit to the exclusive jurisdiction of the courts at Bangalore.

Grievances

Users have complete authority to file a complaint/ share feedback if they are disappointed by content of the App or any Service offered on the App. They can give their complaint/ feedback in writing or by way of an email to the customer support as mentioned below:

Name: Customer Support

Email Id: [email protected]

Your Conduct

You understand that You, and not the Company, are responsible for all electronic communications and content sent from Your device to Us and you must use the App for lawful purposes only. You must not use the App for any of the following:

in any way that causes, or is likely to cause, the App or access to it to be interrupted, damaged or impaired in any way

for fraudulent purposes, or in connection with a criminal offense or other unlawful activity

to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm)

to cause annoyance, inconvenience or needless anxiety

to try to gain unauthorized access or exceeds the scope of authorized access to the App or to profiles, blogs, communities, account information, bulletins, or other areas of the App or solicits passwords or personal identifying information for commercial or unlawful purposes from other users

to engage in commercial activities and/or sales such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" products related to the App

to create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers

to refer to any website or URL that, in Our sole discretion, contains material that is inappropriate for the App or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use

To 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 App or any content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App. We reserve Our right to bar any such activity

to probe, scan or test the vulnerability of the App or any network connected to the App nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to App, or any other customer, including any account on the App not owned by You, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the App

to make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the term Ather

Company reserves the right to terminate your Account or access to the App if Company at its sole discretion has reasons to believe that You have been involved in any of the activities mentioned above.

It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the App and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to your use of the App, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the App You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the App. Please carefully select the type of information that You publicly disclose or share with others on the App, if applicable.

Third Party Services

You acknowledge that certain third-party services (“Third Party Services”) are available on the App. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to You. However, You acknowledge and agree that at no time are We making any representation or warranty regarding any Third Party Services nor will We be liable to You or any third party for any consequences or claims arising from or in connection with such Third Party Services including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by You or any third party. Such Third Party Services shall be governed by the terms of use of the applicable third party service provider. You hereby disclaim and waive any rights and claims You may have against Us with respect to Third Party Services.

Company accepts no responsibility for advertisements contained within the App. Company has no control over and accepts no responsibility for the content of any website or mobile application to which a link from the App exists. Such linked websites and mobile applications are provided “as is” for User’s convenience only with no warranty, express or implied, for the information provided within them. Company does not provide any endorsement or recommendation of any third party website or mobile application to which the App provides a link.

Notwithstanding the generality of the foregoing, You acknowledge and agree that the App includes certain services being provided by Google LLC, including Google Maps (“Google Services”). Your use of such Google Services is governed by Google Terms of Services available at https://policies.google.com/terms?hl=en and by using the App you agree to be bound the such Google Terms of Services.

Privacy and Information Protection

All information shared by You through the App, or in connection with the Services, including information required to create the Account shall be used by Us in accordance with Our Privacy Policy. Please review Our Privacy Policy available hereto understand our internal policies and practices with respect to Your Information. The personal information / data provided to Us by You during the course of usage of the App or the Services will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If You object to Your information being transferred or used, please do not use the App and the Services.

User Generated Content

You shall be responsible for any comments, notes, messages, emails to the Company, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted by You on the App (collectively, "User Content"). You hereby agree to grant Us worldwide, perpetual and transferable rights in such User Content. We shall be entitled, in accordance with Our Privacy Policy, to use the User Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the User Content You provide. You agree thatany User Content You post may be used by Us, consistent with Our Privacy Policy as mentioned herein, and You are not entitled to any payment or other compensation for such use.

Monitoring of the App and the Account

Company has the right and liberty to monitor the content of the App at all times which shall include information provided in Your Account. The monitoring of the App is important to determine the veracity of the information provided by You and that every User remains in consonance with the Terms of Use provided herein. Subject to the Terms of Use, Company shall also have the liberty to remove any objectionable content, which is in contravention of the Terms of Use or share such information with any governmental authority as per procedures laid down by the law for the time being in force in India.

Disclaimer of Warranties and Liabilities

We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the Services or the App. While we have taken precautions to avoid inaccuracies or deficiency in the Services or the App, the Services are being provided on an ‘as is’ basis without any warranty whether express or implied.

Indemnity and Release

You shall indemnify and hold harmless Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of these Terms of Use or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third party, including any intellectual property rights. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Company, including rights to settle, and You agree to cooperate with Company’s defense and settlement of these claims. Company will use reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Terms of Use.

Communications

When You use the App, You are communicating with Us electronically. We may communicate with You by e-mail, SMS, phone call or by posting notices on the App or by any other mode of communication. For contractual purposes, You hereby expressly consent to receive communications including SMS, e-mail or phone calls from Us.

Losses

We will not be liable to You or any third party for any indirect, incidental, special or consequential (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) losses in connection with the App or these Terms of Use. To the maximum extent permitted by law, You waive, release, discharge and hold harmless the Company of action arising out of Your use of the Website.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to the App, Services, policies, and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that You use the App, unless any change to those policies or these conditions is required to be made by law or government authority.

Events beyond our reasonable control

We will not be held responsible for any delay or failure to comply with Our obligations under these conditions if the delay or failure arises from any cause which is beyond Our reasonable control. This condition does not affect Your statutory rights.

Severability

If any provision of this Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Waiver

If You breach this Terms of Use and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these Terms of Use.

Governing law and Jurisdiction

This Terms of Use are governed by and construed in accordance with the laws of India. In case of any dispute arising out of or in connection with the use of the App or the Services, You agree, as We do, to submit to the exclusive jurisdiction of the courts at Bangalore.

Grievances

Users have complete authority to file a complaint/ share feedback if they are disappointed by content of the App or any Service offered on the App. They can give their complaint/ feedback in writing or by way of an email to the customer support as mentioned below:

Name: Customer Support

Email Id: [email protected]