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Ather Ecosystem

If a customer opts for a vehicle with a charging equipment installation, the booking amount is refundable till such time that the charging solution is installed. In the event the customer requests for cancellation of the booking after installation of the charging equipment by us, the customer shall not be entitled to any refunds. On such cancellation, we shall have the right to, directly or through a third party, uninstall and take possession of the charging equipment and adjust the booking amount towards deinstallation of the charging equipment. If the customer has not opted for charging equipment installation, the booking amount is refundable till the time that the customer makes the full payment for the vehicle. All eligible refunds shall be processed by us within a period of 7 working days. Please note that the Customers will be eligible for refunds only for the booking amount paid by the Customers. The Customers shall not be eligible for any refunds on payment by the Customer of the complete purchase amount towards the vehicle.

Refund policy

Ather Refund policy

Warranty

Ather Warranty policy

Subscription

Ather Service Subscripton Terms

<p style="-webkit-text-stroke-width:0px;background-color:rgb(245, 244, 245);border-width:0px;box-sizing:border-box;color:rgb(25, 25, 25);font-family:neurial-grotesk;font-feature-settings:inherit;font-kerning:inherit;font-optical-sizing:inherit;font-size:14px;font-stretch:inherit;font-style:normal;font-variant-alternates:inherit;font-variant-caps:normal;font-variant-east-asian:inherit;font-variant-ligatures:normal;font-variant-numeric:inherit;font-variation-settings:inherit;font-weight:400;letter-spacing:normal;line-height:22px;margin:0px;orphans:2;padding:0px;text-align:start;text-decoration-color:initial;text-decoration-style:initial;text-decoration-thickness:initial;text-indent:0px;text-transform:none;vertical-align:baseline;white-space:normal;widows:2;word-spacing:0px;"><a style="background-color:transparent;border-width:0px;box-sizing:border-box;color:inherit;cursor:pointer;font:inherit;margin:0px;outline:none;padding:0px;touch-action:manipulation;transition:color 0.3s ease 0s;vertical-align:baseline;" href="/whistleblower-mechanism">Whistleblower Mechanism</a><p style="-webkit-text-stroke-width:0px;background-color:rgb(245, 244, 245);border-width:0px;box-sizing:border-box;color:rgb(25, 25, 25);font-family:neurial-grotesk;font-feature-settings:inherit;font-kerning:inherit;font-optical-sizing:inherit;font-size:14px;font-stretch:inherit;font-style:normal;font-variant-alternates:inherit;font-variant-caps:normal;font-variant-east-asian:inherit;font-variant-ligatures:normal;font-variant-numeric:inherit;font-variation-settings:inherit;font-weight:400;letter-spacing:normal;line-height:22px;margin:0px;orphans:2;padding:0px;text-align:start;text-decoration-color:initial;text-decoration-style:initial;text-decoration-thickness:initial;text-indent:0px;text-transform:none;vertical-align:baseline;white-space:normal;widows:2;word-spacing:0px;"><a style="background-color:transparent;border-width:0px;box-sizing:border-box;color:inherit;cursor:pointer;font:inherit;margin:0px;outline:none;padding:0px;touch-action:manipulation;transition:color 0.3s ease 0s;vertical-align:baseline;" href="/corporate-others">Others</a><a href="/corporate-others">&nbsp;</a> &gt;

Corporate

Ather Corporate

Trademarks

Ather Trademarks

Code of Ethics

Ather Code of Ethics

By placing this Booking, You express an interest to purchase the Vehicle and pay applicable amount (“Amount”), towards placing such Booking.<ol style="list-style-type:decimal;"><li>In case payment is made via credit/debit card, it is recommended that You make necessary enquiry about the charges or fees payable against the credit/debit card used from credit card or the debit card service provider i.e. the respective bank.</li><li>The credit card/debit card information supplied at the time of making the payment is processed by the payment gateway of the service provider and is not supplied to Ather or its Retail Partner. It is Your sole responsibility to ensure that the information entered in the relevant fields are correct. It is recommended that You take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out of such payment.</li><li>You agree, understand and confirm that Your personal data, including without limitation, details relating to debit card/credit card/net banking transmitted over the internet may be susceptible to misuse, hacking, theft and/ or fraud and that Ather or its Retail Partner or the payment service provider(s) have no control over such matters.&nbsp;</li><li>The payment towards the Booking shall be made through the payment gateway service provider through a secure website. However, neither the payment gateway service provider nor Ather and its Retail Partner gives any assurance, that the information so provided online by You is secured or may be read or intercepted by any third party. Ather and its Retail Partner does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by You in the process of making the Amount payment.</li><li>In case the payment is made through issuance of cheque, You will ensure that the cheque issued to Ather or the Retail Partner is duly honored and You accept and acknowledge that in case the cheque issued is dishonored, You will be liable under the applicable laws including but not limited to Negotiable Instruments Act,1881 as amended from time to time. In such cases Ather or the Retail Partner will be entitled to initiate legal proceedings against You under the applicable laws.</li></ol>

1. Booking

<ol style="list-style-type:decimal;"><li>The Amount which shall be payable by You towards the Booking is fully refundable and shall be treated as a non-interest-bearing security deposit amount which shall be adjusted against the full payment which shall include RTO charges, insurance, taxes as applicable and government subsidy if any (“Final Price”), to be made by You at the time of purchase of the Vehicle. The Parties hereby acknowledge that the price of the Vehicle is dependent on many factors and is subject to change from time to time. The Final Price as quoted shall be inclusive of all applicable taxes.&nbsp;</li><li>Ather or its Retail Partner shall intimate You when the Vehicle is ready for delivery by raising a demand of the balance amount of the Vehicle in the form of an intimation email to You (“Intimation”) and You shall be required to pay the balance amount of the Vehicle as per the timeline (“Timeline”) as communicated by Ather in such Intimation. In case of failure on Your part to complete the payment within such Timeline, Ather or its Retail Partner reserves the right to sell the booked Vehicle to any other customer and refund the Amount.</li><li>Notwithstanding anything contained in these Terms, it is hereby clarified that the Final Price of the Vehicle shall be the price applicable on the date of Intimation and not the price that is prevailing at the time of acceptance of these Terms.</li></ol>

2. Vehicle Purchase

Ather or our Retail Partner may communicate the estimated delivery period for the Vehicle and shall make all commercially reasonable efforts to deliver the Vehicle within the specified delivery period as provided for on Ather’s website or as communicated by Ather or its Retail Partner at the time of accepting these Terms. Any change or delay in the delivery period shall be notified to You by Us or our Retail Partner as the case may be. We or Retail Partner will not be liable for any claims, damages, losses, costs or expenses incurred/suffered by You due to delay in delivery of the Vehicle for any reason whatsoever. Parties hereby agree that time is not of essence in these Terms. If You are unable to take delivery within the specified period, Your booked Vehicle may be made available for sale to other customers. The Vehicle shall be delivered to You only upon completion of the formalities and receipt of Final Price of the Vehicle.

3.  Delivery Schedule

<ol style="list-style-type:decimal;"><li>You may cancel the Booking at any time prior to making full payment of the Final Price of the Vehicle. We or our Retail Partner reserve the right to unilaterally cancel Your Booking at any time without prior notice. For the sake of clarity, it is stated that We or Retail Partner may cancel Your Booking for reasons, including but not limited to, the following:<ol style="list-style-type:lower-latin;"><li>We or our Retail Partner decide not to sell the Vehicle in Your city/location; or</li><li>We or our Retail Partner discontinue the Vehicle feature or option after the time You place Your Booking; or</li><li>We or our Retail Partner believe that the Booking has been made with a view toward resale of the Vehicle, for use as part of any business activity or commercial undertaking, or that has otherwise been made in bad faith; or</li><li>If you do not purchase the Vehicle/pay the Final Price and fail to cancel the Booking within 150 (one hundred and fifty) days from the date when such Booking was made.</li></ol></li><li>Once You make the full payment for Your Vehicle, You will not be able to cancel Your purchase or claim any refund of the purchase amount (including Amount).</li><li>Ather or its Retail Partner will endeavor to process refund of the Amount (if any) to You within fifteen (15) working days from (i) the date of receipt of request for cancellation (if cancelled by You) or (ii) the date of notification of cancellation sent (if cancelled by Ather/ Retail Partner).</li><li>In case of a cancellation of the Booking by You or by Ather or its Retail Partner on grounds of a breach of these Terms by You and where Vehicle charging equipment has been installed pursuant to these Terms, Ather or its Retail Partner shall not refund the Amount and shall, at its discretion, set off the Amount against the amount invoiced to You for such charging equipment installation and You shall be liable to pay the balance amount post set-off, if any.</li></ol>

4. Cancellation/Refund

The Booking is for the sale of Vehicle only to You and You shall not transfer or assign any rights associated or granted to You under these Terms to any third party. Ather and its Retail Partner shall have a right to assign any or all of its rights and obligations under these Terms to any of its affiliated entities without obtaining Your prior written consent.

5. Assignment or Transfer

Post Booking, Ather or its Retail Partner or its authorized representatives may conduct an inspection at the location provided by You, for installation of the Vehicle charging equipment if specifically requested by You. The installation of the Vehicle charging equipment may entail additional costs to You, as may be determined by Ather or its Retail Partner and informed to You, during such inspection or at the time of installation. You shall be responsible to procure all permissions, permits and/or any other requirements under applicable law, including requirements under apartment association byelaws, housing society rules etc., for the installation of the Vehicle charging equipment at such location.

6. Inspection

Ather or its Retail Partner may require certain information and documents from You for processing Your Booking, complying with statutory requirements, and/or conducting a site inspection for installation of the Vehicle charging equipment. You represent and warrant that all such information and documents will be true, complete and accurate. You will promptly notify Us or our Retail Partner of any change in the information provided by You to allow Us or our Retail Partner to update Our or Retail Partner records. All collection, storage, use and disclosure of any information provided by You and/or shared by third party will be in accordance with Our Privacy Policy available at <a target="_blank" rel="noopener noreferrer" href="https://www.atherenergy.com/policy">https://www.atherenergy.com/policy</a>. Ather’s Privacy Policy is incorporated by reference and will be a part of these Terms in the form published on its website or notified otherwise to the You.

7. Collection of Information

These Terms are only applicable to Booking of the Vehicle. You acknowledge that purchase of the Vehicle will be subject to such additional terms and conditions as may be provided by Ather (collectively, “Purchase Terms”). You shall be required to agree to such Purchase Terms prior to making full payment of the Vehicle.

8. Purchase Terms

In the event of failure of delivery as per the Delivery Schedule communicated to You, Ather or its Retail Partner will be liable only up to the extent of the Amount. Ather or its Retail Partner will not be liable for any indirect, special, incidental or consequential damages arising out of or in connection with these Terms. Your sole and exclusive remedy and Our or Retail Partner’s aggregate and cumulative liability for any breach under these Terms will be limited to a refund of the Amount only.

9. Limitation of Liability

The Vehicle will in all material aspects be similar to the Vehicle presented or advertised in marketing or promotional campaigns. However, in view of Our endeavors to continuously innovate and improve Our products, Ather reserves the right to modify or alter the specifications, features and/or design of the Vehicle without prior notice and without any liability.

10.  Disclaimer

<ol style="list-style-type:decimal;"><li>You hereby agree to receive communication including but not limited to email communication/newsletters (promotional and marketing emails), WhatsApp messages, mobile SMS, call etc. from Ather or its Retail Partner from time to time. You further expressly waive Do Not Call (DNC)/ Do Not Disturb (DND) registrations on Your phone/mobile numbers for contacting You for such promotional/marketing purposes.</li><li>Ather or its Retail Partner will not be liable for any failure or delay in performing any of the obligations under these Terms, in whole or in part, or for any losses incurred or suffered by the other Party by reason of such failure or delay, if and so far as such failure or delay is directly attributable to a Force Majeure Event. For the purpose of this clause, a force majeure event includes civil commotion, sabotage, lockout, strikes or labour disturbances, fire, flood, earthquakes, any other acts of God, explosion, break out of communicable disease, epidemic, pandemic, war, acts of public enemies, quarantine restrictions, any action of the Governmental Authority or absence of usual means of communication or transportation, or any other cause whether of the same or of a different nature, unavoidable or beyond the control of Ather or its Retail Partner (each a “Force Majeure Event”).</li><li>Prior agreements, oral statements, negotiations, communications or representations about the Vehicle are superseded by these Terms. Terms relating to the Booking not expressly contained herein are not binding.</li><li>In the event any provision of these Terms is held invalid or unenforceable, the legality and enforceability of remaining provisions will not be affected or impaired thereby. Notwithstanding the foregoing, the Parties shall thereafter negotiate in good faith to agree upon a mutually satisfactory provision to be substituted for the provision so found to be void, illegal or unenforceable.</li><li>These Terms shall be governed by and construed in accordance with the laws of India. The Parties submit themselves to the exclusive jurisdiction of the Courts at Bengaluru, Karnataka.</li><li>Nothing in these Terms shall be construed as establishing or implying any partnership or joint venture arrangement between the Parties, nor shall it be deemed to constitute either of the Parties as the agent of the other Party and no employment or any other relationship shall be construed or created between the Parties.</li><li>Except as expressly provided herein, the rights, powers and remedies provided in these Terms are cumulative and not exclusive of any rights, powers and remedies provided by Law.</li><li>Ather or its Retail Partner currently deliver the Vehicle only in the territories where Ather offers its products and services.</li></ol>

11. Miscellaneous

Ather Energy Limited (formerly known as Ather Energy Private Limited), a company incorporated under the Companies Act, 1956 and having its registered address at 3rd Floor, Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bangalore – 560064 (hereinafter referred to as “Ather®” or “We” or “Our” or “Us”) offers booking of the Ather branded electric two-wheeled vehicles (“Vehicle”) to customers (hereinafter referred to as “Customer” or “You” or “Your”) either by itself or through its authorized retail partners (“Retail Partner”), subject to these Ather Branded Electric Vehicles Booking Terms (“ Terms”).&nbsp;Please read and understand these Terms carefully. In the event these Terms are not acceptable to You, or You are a person who is not competent under the applicable laws to enter into these Terms, please do not proceed with the Booking. Subject to these Terms, impliedly or expressly accepting these Terms, You also accept and agree to be bound by applicable policies published by Ather on its website (from time to time).&nbsp;

ATHER BRANDED ELECTRIC VEHICLES BOOKING TERMS

As per the requirements of Bio-Medical Waste Management Rules, Ather Energy is tracking day to day basis bio-medical waste generation at the occupational health centre of the manufacturing plant and monthly record is displayed in the company website.<ul style="list-style-type:disc;"><li><a target="_blank" rel="noopener noreferrer" href="https://media.atherenergy.com/Bio_Medical_Waste_Register.pdf">September 2023</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://media.atherenergy.com/Bio-Medical_Waste_Oct'23.pdf">October 2023</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://media.atherenergy.com/Bio_Medical_Waste_Nov_2023.pdf">November 2023</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://media.atherenergy.com/Biomedical_waste_annual_report_Vehicle_plant_2022.pdf">Annual Report - Vehicle Plant 2022</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://media.atherenergy.com/Biomedical_waste_annual_report_Battery_Plant_2022.pdf">Annual Report - Battery Plant 2022</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://media.atherenergy.com/Bio_Medical_Waste_December_2023.pdf">December 2023</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://media.atherenergy.com/Bio_Medical_Waste_January_2024.pdf">January 2024</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://media.atherenergy.com/Bio_Medical_Waste_Feb_2024.pdf">February 2024</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://media.atherenergy.com/Bio_Medical_Waste_March_2024.pdf">March 2024</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://storage.googleapis.com/atlas-cms-assets/Annual-Report-Vehicle-Plant-2023.pdf">Annual Report Vehicle Plant 2023</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://storage.googleapis.com/atlas-cms-assets/Annual-Report-Battery-Plant-2023.pdf">Annual Report Battery Plant 2023</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://storage.googleapis.com/atlas-cms-assets/April-2024.pdf">April 2024</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://storage.googleapis.com/atlas-cms-assets/May-2024.pdf">May 2024</a></li><li><a target="_blank" rel="noopener noreferrer" href="https://storage.googleapis.com/atlas-cms-assets/June-2024.pdf">June 2024</a></li></ul>

Bio-Medical Waste Register

On receiving your response to this message, we shall assume your willingness to celebrate and share your extraordinary feat with the Ather community and other media platforms. You agree to our <a target="_blank" rel="noopener noreferrer" href="https://www.atherenergy.com/policy">privacy policy</a> and confirm that Ather Energy Limited (formerly known as Ather Energy Private Limited) or our authorized partners may collect your personal information including, name, e-mail ID, phone number and date of birth in relation to making necessary arrangements for Ather Community Day.

Ather Unlocked Terms & Conditions

In these Warranty Terms, the following words will have the meanings assigned to them in this clause, except where inconsistent with the context:<ol style="list-style-type:decimal;"><li>“Customer” means the Customer or end user who has purchased the Products for personal and domestic use.</li><li>“Defect” means manufacturing defects which shall not include the exclusions provided in clause 3</li><li>“Product '' means the Floor mat sold by Ather or its Authorized Retail Partners.</li><li>“Normal Use” means the usage of a Product in the manner intended for the end user, in accordance with legal regulations and does not include any commercial use or for any entertainment/rallies or test purpose.</li><li>“Warranty Period” shall mean 1 (ONE) year from the date of sale invoice.</li></ol>

1. DEFINITIONS

Subject to the conditions and exclusions listed herein, Ather warrants that the Products sold by Ather shall be free from any manufacturing defect in material or workmanship during the Warranty Period.<ol style="list-style-type:decimal;"><li>Ather’s sole obligation under these Warranty Terms shall be limited to either repairing or at its discretion replacing by itself or through its Retail Partner, which upon examination by Ather, prove to Ather’s satisfaction to have a Defect which is not caused as a result of an exclusion set out under Clause 3 of these Warranty Terms or by any other act of commission or omission of the Customer. Ather may perform such repairs as Ather deems fit, in-order to restore the original functionality of the Products without replacing the defective Products with new Products or parts associated with the same.</li><li>In the event of replacement, Ather reserves the right to select and repair only the defective parts without replacing the entire Product altogether. All parts removed or replaced under this Products Warranty Terms will be returned to Ather and shall be constituted as the property of Ather and the Customer shall have no right therein.</li><li>Warranty for the part(s) associated with Products that have been replaced or repaired shall be effective only for the balance term of the Warranty Period.</li><li>Warranty claim must be accompanied by the sales invoice.</li></ol>

2. WARRANTIES

Ather shall not have any obligation under these Warranty Terms in respect of the following:<ol style="list-style-type:decimal;"><li>Damage or Defects in the Products arising out of or as consequence of:<ol style="list-style-type:lower-latin;"><li>vehicular accidents, collisions, or any objects hitting the Products;</li><li>theft or vandalism;</li><li>improper usage (intentional or unintentional) including storage or usage under abnormal conditions such as extreme heat or under water;</li><li>use of Products otherwise than as will be considered Normal Use;</li><li>Any damage or cut in the product that is caused by sharp objects like knife, scissor etc.&nbsp;</li><li>any modifications/ installations made to the Products by any entity other than Ather or its Retail Partner;</li><li>performing illegal activity(ies) using the Products under any applicable laws;</li><li>not being used properly as per instruction manual;</li><li>an act of God or environmental factors, including, but not limited to, earthquake, war, terrorist attack, exposure to sunlight, airborne chemicals, lockouts, strike, riots, frost, tree sap, animal or insect droppings, road debris (including stone chips), industrial fallout, rail dust, salt, hail, floods, wind storms, acid rain, fire, water damage, contamination, lightning, animal or rodent related damages, and other environmental conditions that are outside the operating conditions of the product;</li></ol></li><li>Normal wear and tear due to usage.</li><li>In the event the Product has been assembled, disassembled, serviced, repaired or modified by any unauthorized third part, in any manner, or using tools not authorized by Ather;</li><li>Any other damage or defect in the Products which is caused by the misuse, fault or improper maintenance;</li><li>Any repair or replacement required as a direct result of unauthorized modifications of Products.</li><li>Glues, rubber and other materials on the Product may fade under UV exposure (Sunlight) over time. Such changes to the Products shall not be considered as a manufacturing defect.</li><li>Any liability of whatsoever nature, death or injury that a customer or third party may incur as a result or defect covered by the warranties terms.</li><li>Damaged and defective Products have been received/accepted by the Customer while purchasing the Product.</li><li>Products used outside the territory of India.</li></ol>

3. EXCLUSIONS

<ol style="list-style-type:decimal;"><li>The Customer acknowledges to read and understand these Products Warranty Terms and all the caution warnings associated, at the time of purchase of the Products. Ather or its Retail Partner will not be held liable for any special, indirect, remote, incidental, or consequential damages of any kind including depreciation, loss of life, loss in value of Products, loss of use or income due in full or part directly or indirectly due to non-use of Products.</li><li>Ather shall only bear the costs of material and labour for replacement of Products under the warranty terms. Any additional costs including, without limitation, transportation costs will not be covered under these Products Warranty Terms and shall be the sole responsibility and risk of the Customer.</li><li>THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE IN CONNECTION WITH THE SALE OF THE PRODUCTS BY ATHER. ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS LIMITED IN DURATION TO THE STATED PERIOD OF THIS WRITTEN WARRANTY.</li><li>The Customer submits to the exclusive jurisdiction of the courts at Bangalore.</li></ol>

4. OTHER TERMS AND CONDITIONS

<ol style="list-style-type:decimal;"><li>Customer to raise Warranty claim with Ather or Its Retail Partner from whom the Products was purchased.</li><li>Customer must ensure the following while claiming the warranty:<ol style="list-style-type:lower-latin;"><li>Submit clean Product(s) for inspection along with original sale Invoice.</li><li>Describe the Defect as per the prescribed format available.</li></ol></li><li>On inspection, (a) if a claim is found valid as per the warranty terms defined herein, Ather will repair or replace the Products at its discretion; (b) If the claim is found invalid, the same shall be intimated to the customer.</li></ol>

5. Warranty Claim Process

Sale of all Products are final. Customers are not entitled to either return or exchange the Products, once the sales invoice is generated.

6. No Exchange No Return

Ather Energy Limited (formerly known as Ather Energy Private Limited), a company incorporated under the Companies Act, 1956 and having its registered office at 3rd Floor, Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bengaluru, Karnataka - 560029 (hereinafter referred to as “Ather”), has issued the below “Products Warranty Terms &amp; Conditions” (hereinafter referred to as the “Warranty Terms”) for its customers, setting out the warranties that Ather provides for the Products sold by Ather.Any statement, condition, representation, description, or warranty otherwise contained in any catalogue, advertisement or other publication shall not be construed as overriding anything contained under these Warranty Terms and in any and all events, these Warranty Terms shall only be applicable for all Products sold by Ather.

FLOOR MAT WARRANTY TERMS & CONDITIONS

In these Warranty Terms, the following words will have the meanings assigned to them in this clause, except where inconsistent with the context:<ol style="list-style-type:decimal;"><li>“Customer” means the Customer or end user who has purchased the Products for personal and domestic use.</li><li>“Defect” means manufacturing defects which shall not include the exclusions provided in clause 3</li><li>“Product '' means the Seat cover sold by Ather or its Authorized Retail Partners.</li><li>“Normal Use” means the usage of a Product in the manner intended for the end user, in accordance with legal regulations and does not include any commercial use or for any entertainment/rallies or test purpose.</li><li>“Warranty Period” shall mean 1 (ONE) year from the date of sale invoice.</li></ol>

3. EXCLUSIONS 

SEAT COVER WARRANTY TERMS & CONDITIONS

In these Warranty Terms, the following words will have the meanings assigned to them in this clause, except where inconsistent with the context:<ol style="list-style-type:decimal;"><li>“Customer” means the Customer or end user who has purchased the Products for personal and domestic use.</li><li>“Defect” means manufacturing defects which shall not include the exclusions provided in clause 3</li><li>“Product '' means the Ather Bodyguard sold by Ather or its Authorized Retail Partners.</li><li>“Normal Use” means the usage of a Product in the manner intended for the end user, in accordance with legal regulations and does not include any commercial use or for any entertainment/rallies or test purpose.</li><li>“Warranty Period” shall mean 1 (ONE) year from the date of sale invoice.</li></ol>

ATHER BODYGUARD WARRANTY TERMS & CONDITIONS

<ol style="list-style-type:decimal;"><li>You are required to place a Booking for Your selected Vehicle model and Ather accessories (if applicable) with Ather or its Retail Partner (“Booking”) by paying the booking amount (“Booking Amount”) in the form of a non-interest-bearing security deposit to Ather or its Retail Partner.</li><li>At the time of accepting these Purchase Terms, it shall be assumed that You have already placed the Booking and paid the Booking Amount subject to the terms and conditions of the ‘Booking Terms’ at the time of placing the Booking. It shall also be assumed that You have accepted the demand from Ather or its Retail Partners i.e. the “Intimation” (as defined in the Booking Terms) at the time when the Vehicle is ready for delivery.</li><li>These Purchase Terms shall govern the purchase, payment and delivery of the Vehicle and subject to Clause 1.1, the accessories.</li></ol>

1. VEHICLE

<ol style="list-style-type:decimal;"><li>Ather or its Retail Partner shall raise a request for payment of the final price (“Final Price”) for the Vehicle and accessories once the Vehicle is ready for delivery. The Final Price as quoted shall be inclusive of all applicable taxes as on the date of Intimation or invoicing (whichever is later). You may choose to purchase the Vehicle by making the payment directly to Ather or its Retail Partner in the manner stipulated by Ather or its Retail Partner on acceptance of these Purchase Terms. You may also choose to avail of any financing options for Your purchase of the Vehicle subject to these Purchase Terms.</li><li>In case payment is made via credit/debit card, it is recommended that You make necessary enquiry about the charges or fees payable against the credit/debit card used from credit card or the debit card service provider i.e. the respective bank.</li><li>The credit card/debit card information supplied at the time of making the payment is processed by the payment gateway of the service provider and is not supplied to Ather or its Retail Partner. It is Your sole responsibility to ensure that the information entered in the relevant fields are correct. It is recommended that You take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out of such payment.</li><li>You agree, understand and confirm that Your personal data, including without limitation, details relating to debit card/credit card/net banking transmitted over the internet may be susceptible to misuse, hacking, theft and/ or fraud and that Ather or its Retail Partner or the payment service provider(s) have no control over such matters.</li><li>The payment towards the Final Price shall be made through the payment gateway service provider through a secure website. However, neither the payment gateway service provider nor Ather and its Retail Partner gives any assurance, that the information so provided online by You is secured or may be read or intercepted by any third party. Ather and its Retail Partner does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by You in the process of making the Final Price amount payment.</li><li>In case the payment is made through issuance of cheque, You will ensure that the cheque issued to Ather or the Retail Partner is duly honored and You accept and acknowledge that in case the cheque issued is dishonored, You will be liable under the Negotiable Instruments Act,1881. In such cases Ather or its Retail Partner will be entitled to initiate legal proceedings against You under the Negotiable Instruments Act,1881.</li><li>The Booking Amount already paid by You shall be deducted from the Final Price due from You to Ather or its Retail Partner.</li></ol>

2. PURCHASE

<ol style="list-style-type:decimal;"><li>On and at the time of Intimation, where You desire to proceed with the purchase of the Vehicle, You shall be bound to inform Ather or Retail Partner at the earliest of Your option as to the finance options that you may seek to opt. In the event You choose to avail of any financing options offered by any third-party for the purchase of Your Vehicle, including in the form of a loan or under any leasing options, Ather or its Retail Partner will provide You with reasonable assistance as You may require, however, Ather or its Retail partner shall have no obligation to enter into any agreement with such third-party.</li><li>You may choose to avail of any of the financing options for the purchase of the Vehicle that may be available through Ather or its Retail Partner’s channels, by selecting the relevant option at the time of making Your purchase. Ather or its Retail Partner may, at any time, without prior notice, discontinue this option. In the event You choose to apply for a loan for the purchase of the Vehicle, You hereby acknowledge and agree to the following terms:<ol style="list-style-type:decimal;"><li>Ather or its Retail Partner will redirect You to a specified third-party partner (“Facilitator”) for facilitating Your loan application. Ather or its Retail Partner will share Your information with the Facilitator towards this end in accordance with the Privacy Policy (as defined herein) and these Purchase Terms. Your use of the Facilitator’s website will be governed by the terms and conditions and privacy policy of the Facilitator’s website. You are advised to read the terms and conditions and privacy policy prior to proceeding with Your use of the Facilitator’s website. The Facilitator may request You to share additional information as may be required by the Financial Institution (as defined hereinafter) to review Your eligibility for the loan. Ather or its Retail Partner will not have any access to such information and does not make any representations with respect to the use of such information. Such information shall solely be subject to the privacy policy of the Facilitator and the Financial Institution.</li><li>It is hereby clarified that Ather or its Retail Partner has no control in the acceptance or rejection of Your loan application and the same shall be subject to the sole discretion of the relevant financial institution (“Financial Institution”). In the event Your loan application is approved by the Financial Institution, terms relating to disbursement, interest payable, repayment etc., shall be subject to the loan agreement executed between You and the Financial Institution.</li><li>You are also responsible for completing the loan process so as to ensure that Ather or its Retail Partner receives the Final Price in time. Failure to complete the process in time may result in a delay in delivery of Your Vehicle, or at the discretion of Ather and its Retail Partner, sale of the Vehicle to another customer.</li><li>Notwithstanding Your application for a loan, You may be required to make certain payments directly to Ather or its Retail Partner for any additional services incidental to the purchase of the Vehicle. Ather or its Retail Partner shall notify You of any such payments that You would be required to make.</li><li>To reiterate, Ather shall not be responsible for entering in any agreement or obligation with the Financial Institution along with You. Ather shall have its own set of arrangement and terms with the Financial Institution separately notwithstanding the terms and conditions entered between You and the Financial Institution.</li></ol></li></ol>

3. FINANCING OPTIONS

<ol style="list-style-type:decimal;"><li>You are responsible for arranging Your own insurance for Your Vehicle, however, You may choose to use the services of any insurer or insurance aggregator (“Insurance Provider”) available through the Ather or its Retail Partner’s Channel subject to the following terms:<ol style="list-style-type:decimal;"><li>If You choose to buy insurance online from the Ather portal or website, then You will be redirected to the Insurance Provider’s website for facilitating your purchase of motor insurance policies. Your use of the Insurance Provider’s website will be governed by the terms and conditions and privacy policy of the Insurance Provider’s website. You are advised to read the terms and conditions and privacy policy prior to proceeding with Your use of the Insurance Provider’s website. The Insurance Provider may request You to share certain additional information as may be required to underwrite your insurance policy. Ather will not have any access to such information and does not make any representations with respect to the use of such information. Such information shall solely be subject to the privacy policy of the Insurance Provider.</li><li>If you choose to buy insurance through the Retail Partner, then you will have to provide all your vehicle related information to the Retail Partner, and it shall use the Facilitator website to purchase the insurance of your choice. The payment for such insurance will have to be paid to the Retail Partner for it to secure an insurance for you. The information provided to the Retail Partner is solely between the Customer and the Retail Partner, Ather is not involved in acceptance or execution stage for any of the process and will not be responsible for the customer data that has been shared with the Retail Partner.</li><li>Ather does not make any representations, warranties or endorsements regarding any Insurance Provider. Ather is only listing the services of the Insurance Provider on the Ather Channels. You will proceed with any Insurance Provider at Your sole risk. You are advised to make all necessary enquiries and review the policy documents carefully. Ather will in no way be responsible for facilitation or collection of premiums, issue of policy, or servicing of claims.</li></ol></li><li>On purchase of the Vehicle and once the Vehicle is ready for delivery, Ather or its Retail Partner or a third-party appointed by Ather, will assist You with the application for registration of the Vehicle with the Regional Transport Office (RTO) at Your own cost and expenses.</li><li>For completing the registration of the Vehicle, Ather or its Retail Partner will require You to provide the information prescribed as necessary by the competent authority.</li><li>Ather or its Retail Partner will provide You the receipt of registration fee payment along with other relevant fee receipts provided by the RTO. You agree and acknowledge that upon receipt of registration fee payment and such other documents provided by the RTO, You shall not be entitled to make any requests in relation to change of the Vehicle, including its colour, features, model or specifications and/or cancel the Vehicle. Ather or its Retail Partner shall have the sole right to refuse/not answer any such requests, without ascribing any reason whatsoever.</li><li>You acknowledge that the grant or denial of the Vehicle registration is at the sole discretion of the competent authority appointed on such behalf, and You will have no claims against Ather or its Retail Partner in the event the registration of the Vehicle purchased by You is denied.</li></ol>

4. REGISTRATION OF THE VEHICLE AND INSURANCE

<ol style="list-style-type:decimal;"><li>Upon requesting the Final Price, Ather or its Retail Partner shall inform You about the estimated delivery period within which Ather or its Retail Partner shall endeavour to deliver the Vehicle to You, on a best effort basis.</li><li>Notwithstanding anything contained contrary in these Purchase Terms, the delivery of the Vehicle shall also be dependent on the effective communication received from any Financial Institution with respect to successful application and grant of a financial aid or lease to You, if opted for such arrangement separately.</li><li>Ather or its Retail Partner may, at its discretion, change or delay the estimated delivery period for any reason without incurring any liability. In addition to the foregoing, Your failure to pay the Final Price or other necessary steps or any other reason beyond the control of Ather or its Retail Partner may result in additional delays, and Ather or its Retail Partners shall not be liable to You for such delays.</li><li>Upon effective delivery on the date of receipt of Final Price or communication from the Financial Institution regarding the successful admission of any lease or financial arrangement, You shall receive the Vehicle.</li></ol>

5. DELIVERY

<ol style="list-style-type:decimal;"><li>The Customer may also avail of the electric vehicle charging stations placed in public areas or installed for public access (“Public Charging Points”). The Customer agrees to use the Public Charging Points in accordance with any instructions/user guidelines provided by either the owner/manager of such public property or provided by Ather, and in case, where such instructions are unavailable, in a reasonable and prudent manner, having regard to the intent and purpose of the Public Charging Points. You acknowledge that the use of Public Charging Points may attract certain charges and You shall be liable for payment of such charges. Ather or its Retail Partner shall not be liable for any damages or liabilities arising due to misuse or abuse of the Public Charging Points by the Customer.</li><li>Ather or its Retail Partner shall not be liable in any manner whatsoever for any failures or damages caused to any person or property due to any voltage fluctuations, defects or deterioration in the electrical lines (including earthing) or other electricity supply infrastructure or due to any other causes.</li><li>Ather or its Retail Partners 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 Public Charging Points by You.</li></ol>

6. CHARGING POINTS

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.

7. 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 [<a target="_blank" rel="noopener noreferrer" href="https://assets.atherenergy.com/Ather+-+Warranty+Policy+Terms.pdf">here</a>]. 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.

8. WARRANTY

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 [<a target="_blank" rel="noopener noreferrer" href="https://assets.atherenergy.com/Ather+-+Subscription+Terms.pdf">here</a>]. You have to purchase the Ather Subscription Services separately and such services shall be governed by Ather Subscription Terms.

9. SUBSCRIPTION PLANS

<ol style="list-style-type:decimal;"><li>End User License Agreement (“EULA”) is a legally binding agreement under the terms of the Information technology Act, 2000, between Ather and the user for use of software and firmware which is owned by or licensed to Ather. The EULA is [<a target="_blank" rel="noopener noreferrer" href="https://assets.atherenergy.com/Ather+-+EULA+Terms.pdf">here</a>].</li><li>It is hereby clarified that by accepting these Purchase Terms, You have read the EULA as mentioned herein and have given your deemed acceptance to the same. We recommend You read the EULA before accepting these Purchase Terms.</li></ol>

10. EULA

<ol style="list-style-type:decimal;"><li>You hereby provide consent to Ather for collecting your Personal Information and any such Personal Information disclosed by You on any of the Ather Channels shall be governed by the relevant Ather privacy policy (“Privacy Policy”) made available by Ather in such Ather Channel.</li><li>In addition to the information collected through the Ather Channels, Ather collects various information including personal information from the Customer for the purchase of the Vehicle, for the various services provided by Ather and other activities either directly or through its Retail Partners and third-party vendors. The term “Personal Information” would mean to include any information that either independently or together with other information can identify an individual. We respect the trust You place in Us while sharing Your Personal Information and accordingly, We have detailed the information that is collected and the purposes for which it is used in&nbsp; Annexure A to these Purchase Terms.</li></ol>

11. DATA COLLECTION USE AND PROTECTION

<ol style="list-style-type:decimal;"><li>You must not purchase or use the Vehicle if You are not over the legal age to use the Vehicle. You must not purchase any Vehicle on behalf of another person who is not above the legal age to use the Vehicle.</li><li>You understand that You are responsible for damage to the Vehicle and Charging Points caused by Your actions and default in observing and following the User Manual. In relation to the Vehicle, You understand the nature of riding an electric scooter and related activities and acknowledge that You are qualified to operate the Vehicle and are in proper physical condition to ride it. You agree to assume all risks when allowing others to operate the Vehicle. If You are not familiar with the nature of riding an electric scooter, You should seek professional training before operating an electric scooter.</li><li>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.</li><li>Riding an electric scooter off road or on road involves risks and dangers of serious bodily injury including, but not limited to, disability, paralysis, dismemberment and death. These inherent risks and dangers may be caused by the rider’s own actions or inactions, the actions or inactions of others, participating or not participating in the activity, the condition in which the activity takes place, or the negligence of others. There may be additional risks, including social and economic loss, either known or unknown to You, not readily foreseeable, and You fully accept and assume responsibility for all such risks, losses, costs, and damages incurred as a result of Your participation in riding an electric scooter.</li><li>In the event You choose to transfer ownership or use of the Vehicle purchased by You to a third person, You must inform Ather in accordance with these Purchase Terms, to enable Ather to delete Your user profile and replace it with the user profile of the transferee. In the event you permit any other individual to use the Vehicle without informing Ather, the information of the user will be captured and recorded by Us as if it was Your information, and You indemnify Us against any claims made by the user against Ather in relation to the collection and/or use of such information in accordance with these Purchase Terms.</li><li>In the event, the Vehicle is delivered to You with a temporary registration, You shall ensure that the Vehicle is registered with the competent authority within 30 days from such temporary registration date and provide the permanent registration number to Ather or its Retail Partner, in order for Ather to complete the subsidy documentation (if applicable) and updation formalities.</li><li>In the event, You fail to provide the permanent registration number within 30 days from the date of temporary registration, you shall be liable to pay or refund the entire subsidy amount (if applicable) so availed by You to Ather or its Retail Partner within a period of three (03) days from the date of such request.</li></ol>

12. CUSTOMER RESPONSIBILITY

<ol style="list-style-type:decimal;"><li>In the event, if You intend to transfer the ownership of the Vehicle purchased by You, You (“Seller”) shall be responsible to promptly notify Ather of such sale. On receipt of notice from the Seller, Ather shall delete all information relating to the Seller from its systems except information that is required to be retained by Ather to (i) comply with applicable laws; and (ii) defend itself against third party claims. You agree that any Vehicle related information recorded by Ather is Ather’s property and will be retained by Ather. You agree to inform any purchaser of the Vehicle (“Buyer”), that the Buyer’s use of the Vehicle is subject to such Buyer’s acceptance of these Purchase Terms which shall also include deemed acceptance of the Warranty Policy, EULA and Ather Subscription Terms (if any Ather Subscription Services or Ather Plans are availed). You will be required to pass on any such Vehicle information or information regarding the maintenance and servicing of the Vehicle (including the Maintenance Matrix) to the Buyer of the Vehicle. In the event You intend to change the user profile on the Vehicle, You will follow the same procedure as specified above. The profile of the new user of the Vehicle shall be updated subject to the acceptance by the new user of these Purchase Terms and the Consolidated Terms are deemed to be part of these Purchase Terms.</li><li>Any sale of the Vehicle by You shall require the Buyer to independently accept these Purchase Terms. You may not directly assign the rights and obligations created under these Purchase Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Ather. Any purported assignment or delegation by You without the prior written consent of Ather will be null and void. Ather or its Retail Partner may assign its rights and obligations arising out of or in connection with these Purchase Terms to any third party without Your consent.</li></ol>

13. RESALE OF THE VEHICLE

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.

14. RECALL

<ol style="list-style-type:decimal;"><li>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.</li><li>Subject to Clause 15.3 of these Purchase Terms, any payment due under this Clause 15 (Indemnification) of these Purchase Terms shall be made by the Customer within fifteen (15) days of receipt of a written notice from Ather.</li><li>Any claim on account of Losses which does not result from a third-party claim shall be asserted by written notice given by Ather to the Customer. The Customer shall have a period of fifteen (15) days after the receipt of such notice within which to respond thereto. If the Customer does not respond within such fifteen (15) day period, the Customer shall be deemed to have accepted its responsibility to make the payment. If the Customer responds within such fifteen (15) day period rejecting such claim in whole or in part, Ather shall be free to pursue any of the remedies available to them.</li><li>In the event of payment by or on behalf of the Customer to Ather in connection with any third party claim, the Customer shall have the right to be subrogated to and stand in the place of Ather as to any events or circumstances in respect of which Ather may have any right, defense or claim relating to such third party claims against any claimant or plaintiff asserting such third party claim or against any other person, subject to Ather’s sole decision over such subrogation. Parties shall cooperate in a reasonable manner, and at the cost and expense of the Customer, in prosecuting any subrogated right, defense or claim.</li><li>In the event of any Action in which the Customer is not a named defendant, if either Ather or Customer shall so request, the Parties shall endeavor to substitute the Customer for the named defendant or otherwise hold the Customer as party thereto, if at all practicable. If such substitution or addition cannot be achieved for any reason or is not requested, the named defendant shall, if requested in writing by the Customer, allow the Customer to manage the Action as set forth in this Clause, and the Customer shall fully indemnify the named defendant/Ather against all costs of defending the Action, the costs of any judgment or settlement, and the cost of any interest or penalties relating to any judgment or settlement with respect to such third party claim.</li><li>The rights of indemnification of Ather under this Clause 15 (Indemnification) shall be in addition to all other rights available to it in law, equity or otherwise, including without limitation rights of specific performance, recession and restitution.</li></ol>

15. INDEMNIFICATION

<ol style="list-style-type:decimal;"><li>UNDER NO CIRCUMSTANCES WILL ATHER’S AGGREGATE AND CUMULATIVE (NOT PER CLAIM) LIABILITY TO YOU FOR DIRECT DAMAGES EXCEED THE PURCHASE PRICE OF THE VEHICLE. IF THE FOREGOING LIMITATION OF LIABILITY IS NOT ENFORCEABLE, THEN UNDER NO CIRCUMSTANCES WILL ATHER’S AGGREGATE LIABILITY (NOT PER CLAIM) TO YOU EXCEED THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW IF ANY.</li><li>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 OR DAMAGES, THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE ATHER CONTENT; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF ATHER SERVICES; (C) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE ATHER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PERSON OR ENTITY’S USE OF ANY ATHER SERVICES; (D) ANY ERRORS OR OMISSIONS IN ATHER SERVICES’ OPERATION; (E) ANY DAMAGE TO ANY USER’S VEHICLE (INCLUDING YOURS), COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE ATHER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF ATHER SERVICE). IN NO EVENT WILL ATHER BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY EXCEPT FOR, AND TO THE EXTENT SUCH LIABILITY CANNOT BE LIMITED UNDER APPLICABLE LAW. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ATHER’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY (INCLUDING INTELLECTUAL PROPERTY), PRODUCT OR OTHER CONTENT OWNED, LICENSED, OR CONTROLLED BY ATHER, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY ATHER.</li></ol>

16. LIMITATION OF LIABILITY

<ol style="list-style-type:decimal;"><li>If there is any controversy, claim, action, or dispute arising out of or related to the breach, enforcement, interpretation, validity or any aspect of these Purchase Terms or the Consolidated Terms (“Dispute”), the parties to such dispute shall first attempt in good faith to settle such Dispute by providing written notice to the other Party or Parties describing the facts and circumstances of the Dispute and allowing the receiving Party or Parties 30 (thirty) days to respond to or settle the Dispute. The foregoing procedure is a condition precedent that must be satisfied before any Party initiates any litigation or files any claim against any other Party in relation to the Dispute except with respect to Ather’s right to seek injunctive relief as set forth in these Purchase Terms. You may not proceed in a class, consolidated, or representative capacity in relation to any Dispute.</li><li>In the event the Parties fail to resolve the Dispute through mutual discussions within a period of 30 (thirty) days from the date of intimation of such Dispute, the Courts in Bengaluru, Karnataka, shall have the exclusive jurisdiction to resolve the Dispute between the Parties.</li><li>Notwithstanding the foregoing, You acknowledge that any breach or threatened breach of these Purchase Terms by You will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to Our rights and remedies otherwise available at law, We shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If We seek any equitable remedies, We shall not be precluded or prevented from seeking remedies at law, nor shall We be deemed to have made an election of remedies.</li></ol>

17. RESOLUTION OF DISPUTES

<ol style="list-style-type:decimal;"><li>These Purchase Terms supersedes any previous letter of intent, agreements, understanding and/or correspondence between the Parties in relation to the matters dealt with herein, and represents the entire understanding between the Parties in relation thereto.</li><li>For the avoidance of doubt, Ather will have no liability in connection with Ather taking any actions that it has the right to take under these Purchase Terms. Ather may perform any of its obligations or exercise any of its rights under the Purchase Terms using independent contractors, subcontractors, and other non-employees performing or acting on behalf of Ather or at Ather’s request (collectively, “Contractor/Agents”). All actions taken under or in connection with Your account, whether by You or by any other person or entity, are attributable to You under these Purchase Terms.</li><li>The rights and remedies available under these Purchase Terms may be exercised as often as necessary and are cumulative and not exclusive of rights or remedies provided by law. It may be waived only in writing. Delay in exercising or non-exercise of any such right or remedy does not constitute a waiver of that right or remedy, or any other right or remedy.</li><li>Nothing herein is intended, nor shall be construed to confer upon any third party any right, remedy or claim under or by reason of these Purchase Terms. Subject to resale of the Vehicle, these Purchase Terms shall inure to the benefit of, and be binding upon, the Parties only.</li><li>The invalidity or unenforceability of any part of these Purchase Terms shall not prejudice or affect the validity or enforceability of the remainder of the Purchase Terms.</li><li>Please address Your grievances, feedback or questions, without limitation, with respect to the Purchase Terms, please contact Us at &nbsp;<a href="mailto:support@atherenergy.com" target="_blank" rel="noopener noreferrer">info@atherenergy.com</a>.</li><li>Nothing in Purchase Terms shall be construed as establishing or implying any partnership or joint venture arrangement between the Parties, nor shall it be deemed to constitute either of the Parties as the agent of the other Party and no employment or any other relationship shall be construed or created between the Parties.</li><li>Ather reserves the right to update these Purchase Terms from time to time. Your continued use of the Ather Vehicle, Ather Services and/or the Ather Technology shall indicate Your acceptance of the revised Purchase Terms. You can access the latest version of these Purchase Terms [<a target="_blank" rel="noopener noreferrer" href="https://assets.atherenergy.com/Ather+Buyers+Agreement.pdf">here</a>]</li></ol>

18. MISCELLANEOUS

<ol style="list-style-type:decimal;"><li>Collection and Use of Your Information for Transactional Requirements Ather and its Retail Partner collects various information including Personal Information from its Customers for transactional requirements and provision of certain services from time to time. Ather or its Retail Provider may provide their services either directly or through a third party duly authorized by Ather or its Retail Partner. Detailed below is the information/Personal Information collected by Ather or its Retail Partner for such purposes:<ol style="list-style-type:decimal;"><li>Information relating to Your name, address, mobile number, and e-mail ID under these Purchase Terms to provide the following services and/or perform the following activities:<ol style="list-style-type:decimal;"><li>To complete the required assessment at the place selected by You for installation of the charging infrastructure. You consent to be contacted by Us directly or by a third party authorized by Us either vide an email, telephone call or SMS to schedule an appointment for such assessment or provide You information regarding Your booking of the Vehicle.</li><li>To generate invoices and other documents related to the purchase of the Vehicle and the services that would be provided by Ather or its Retail Partner.</li><li>To provide customer support services.</li><li>To carry out vehicle maintenance and related activities.</li><li>To create an account for Your use on the various Ather channels and for setting up Your account to sync Your information with Your Vehicle.</li></ol></li><li>For the purposes of making an application for the registration of Your Vehicle, Ather or its Retail Partner collects Your Aadhar Card number, proof of identity, proof of address, passport size photograph, details of Your insurance policy, Your PAN and any other documents as may be required by the relevant authority. You hereby consent to the use of the above-mentioned information by Ather or its Retail Partner and its authorized third party for the purpose of registration of Your Vehicle.</li><li>Ather or its Retail Partner retains and stores all information shared by You on various forms submitted by You to Ather or its Retail Partner, including but not limited to Booking forms, test-ride booking forms and newsletter signup forms in order to maintain Your transaction history with Ather or its Retail Partner and keep a record of the consents provided by You for use of such information by Ather or its Retail Partner.</li><li>Ather or its Retail Partner records and stores all email interactions with its Customers, including but not limited to read receipt, history of interaction with You vide electronic mail for the purpose of providing customized customer support to You.</li><li>In the event You contact Us or the Retail Partner customer support team or We or the Retail Partner customer support team contacts You pursuant to Your request, Ather or Its Retails Partner will record all conversations for internal training and audit purposes.</li><li>During Your use of the Vehicle, Ather or its Retail Partner may collect information with respect to Your location for the purpose of providing the various Ather Subscription Services you may have subscribed to, and to enable various features of the Vehicle and the corresponding mobile application.</li><li>Information relating to charging of the Vehicle, including but not limited to charging time and location of charging the Vehicle, and units of electricity consumed, are collected for the purpose of reimbursement of charges in case of subscribers of the Ather Subscription Services, for optimizing the charging experience, and to assess required locations for and required numbers of additional Charging Points.</li><li>We will record and retain information relating to Your subscription to Ather Subscription Services and Your payment history to subscribe to Ather Subscription Services for the purpose of complying with applicable laws and to provide You with customer support services relating to Your Ather Subscription Services .</li></ol></li><li>Transfer of Information to Third Parties<ol style="list-style-type:decimal;"><li>The services as detailed and provide by Ather or its Retail Partner from time to time may be performed by Ather or its Retail Partner, either directly or through its authorized third-parties. In the event Ather or its Retail Partner authorizes a third-party to perform the services, Ather or its Retail Partner shares Your personal information with such authorized third-parties for the performance of these services.</li><li>Ather or its Retail Partner will share personal information provided by You with the Facilitator or Insurance Provider, if applicable, to ease the completion of the process of the loan application or purchase of the insurance policy.</li><li>Ather or its Retail Partner will further share Your information with the Regional Transport Office for the purpose of registration of the Vehicle purchased by You.</li><li>Ather has partnered with various telecom network providers to make the Vehicle internet enabled. Accordingly, the network providers would have access to all the information generated by You through the use of the data/internet services provided by the said telecom network providers.</li></ol></li><li>We may aggregate or anonymize the information provided by You as part of our analytics. You agree and acknowledge that such anonymized or aggregated information will no longer constitute Your personal information and will not be subject to these Purchase Terms.</li></ol>

ANNEXURE A - Collection and Use of Your Personal Information

Ather Energy Limited (formerly known as 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 electric two wheeler vehicle 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.

ATHER PURCHASE TERMS

The domain <a target="_blank" rel="noopener noreferrer" href="https://www.atherenergy.com/">www.atherenergy.com</a>, <a target="_blank" rel="noopener noreferrer" href="https://forum.atherenergy.com/">forum.atherenergy.com</a>, <a target="_blank" rel="noopener noreferrer" href="https://app.atherenergy.com/login">app.atherenergy.com</a> (hereinafter referred to as "Website" / “application” / “forum”) owned and managed by Ather Energy Limited (formerly known as Ather Energy Private Limited), a private limited company, 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 and Corporate Identification Number is (CIN) U40100KA2013PLC093769 (hereinafter referred to as “Company”)

About Us

<div class="raw-html-embed"> Summary: This covers all the terminology that will be used in the rest of the document. </div>Your use of the Website and services and tools are governed by the following terms and conditions ("Terms of Use") as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website/ application/forum, You shall be subject to the policies that are applicable to the Website/application/ forum for such transaction. By mere use of the Website/Applications/Forum, You shall be contracting with Company and these terms and conditions including the policies constitute your binding obligations, with the Website/Applications/Forum. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a user of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. This Website allows the User to surf the Website. The term "We", "Us", "Our" shall mean Company.

Terms of Use

<div class="raw-html-embed">Summary: You have to be 18 years old to use this site.</div>Use of the Website 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 Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Company website and shall not transact on or use the Website. As a minor if you wish to use or transact on Website, such use or transaction may be made by your legal guardian or parents on the Website. Company reserves the right to refuse You access to the Website if it is brought to Company's notice or if it is discovered that you are under the age of 18 years. By visiting Company Website or accepting these Terms of Use, You represent and warrant to Company that You are 18 years of age or older, and that You have the right, authority and capacity to use the Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Website in a manner consistent with any and all applicable laws and regulations.&nbsp;Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

Eligibility to use

<div class="raw-html-embed">Summary: You need an account to use all the features on the website. Keep your password secret and don’t lie to us!</div>The Company offers its services to different categories. Users of each of the categories are required to register themselves on the Website/Applications/Forum and make an individual account with Company in order to receive its services. Such an account is accessible by the unique username and password provided to the User by the Company when they chose to register themselves on the Website/Applications/Forum. The said username and password should be kept highly confidential and should not be disclosed to any third party. 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 and 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 Website/Applications/Forum'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 Website (or any portion thereof).

Your use of Company Website/Applications/Forum

<div class="raw-html-embed">Summary: We have a privacy policy that explains how we use your data. You can read it here.</div>Please review our Privacy Policy, which also governs your visit to this Site, to understand our internal policies and practices. The personal information / data provided to us by you during the course of usage of www.atherenergy.com 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 website.

Privacy and Information Protection

<div class="raw-html-embed">Summary: Browsing our website/forum is free!</div>Company does not charge any fee for browsing the Website/forum. Company reserves the right to change its Fee Policy from time to time. In particular, Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

Charges for using the Website/forum

Use of application shall be chargeable and subject to applicable subscription package subscribed by You from time to time. Company reserves the right to change its Fee Policy from time to time. In particular, Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the application. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be notified and such changes shall automatically become effective immediately after they are notified. Unless otherwise stated, all fees shall be quoted in Indian Rupees.

Charges for using the Application

<div class="raw-html-embed">Summary: Browsing our website is free! But you cannot use any of our content, images or any downloads to make money for yourself or anyone else.</div>Company grants you limited rights to access and make personal use of this Website/Applications/Forum, but not to download (other than page caching) or modify it, or any portion of it. These rights do not include any commercial use of this Website/Applications/Forum or its contents; any collection and use of any content, descriptions, or prices; any derivative use of this Website/Applications/Forum or its contents; any downloading or copying of account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools.This Website/Applications/Forum or any portion of this Website/Applications/Forum (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose.

Rights of use

<div class="raw-html-embed">Summary: This is a list of things you should not do.</div>You must not use the Website/Applications/Forum in any way that causes, or is likely to cause, the Website/Applications/Forum or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Company, are responsible for all electronic communications and content sent from your computer to us and you must use the Website/Applications/Forum for lawful purposes only. You must not use the Website/Applications/Forum for any of the following: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), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam” to cause annoyance, inconvenience or needless anxietyWe reserve the right to initiate action under applicable laws for unauthorised use, exploitation or disclosure of vulnerabilities, content of Website/Applications/Forum, customer information, etc.

Your Conduct

We have a muti-layered security controls to our Website/Applications/Forum, products and services offered by us. We investigate all credible reports of cybersecurity vulnerabilities that may affect our products or services. If you believe that you have information about a potential cybersecurity vulnerability related our Website/Applications/Forum or products or services offered by us, please notify us by sending an email to it.security@atherenergy.com.

Vulnerability

<div class="raw-html-embed">Summary: Don’t be mean. </div>All the details provided in the Website/Applications/Forum is as accurate as possible but sometimes things change and you can’t hold us to it. These rules and policies can be changed. You cannot sue us. You are okay with us getting in touch with you! And if you have questions you should email us on info@atherenergy.com

POLICIES

Our Website prohibits the use of language that is racist, hateful, sexual or obscene in nature in any form whatsoever.Disciplinary action may result in the indefinite suspension of a User's account, temporary suspension, or a formal warning.

Profanity Policy

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 products listed or displayed or the content (including product information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this Website/Applications/Forum, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind.You hereby expressly release Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.Identifying any kind of vulnerability may not entail us to reward you. However, the same shall be subject to Company’s sole discretion and policies.

Disclaimer of Warranties and Liabilities

When you visit <a style="background-color:transparent;border-width:0px;box-sizing:border-box;color:rgb(0, 149, 255) !important;cursor:pointer;font:inherit;margin:0px;outline:none;padding:0px;text-decoration:none;touch-action:manipulation;transition:color 0.3s ease 0s;vertical-align:baseline;" target="_blank" rel="noopener noreferrer" href="https://www.atherenergy.com/">www.atherenergy.com</a> / forum.atherenergy.com / app.atherenergy.com or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail, SMS, WhatsApp, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications including SMS, e-mail, WhatsApp or phone calls from us.

Communications

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the Website/Applications/Forum.

Losses

We reserve the right to make changes to our Website/Applications/Forum, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the Website/Applications/Forum, unless any change to those policies or these conditions is required to be made by law or government authority. If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Alteration of Service or Amendments to the Conditions

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.

Events beyond our reasonable control

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

Waiver

These 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.IN NO EVENT SHALL ATHER ENERGY LIMITED (FORMERLY KNOWN AS ATHER ENERGY PRIVATE LIMITED) BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Governing law and Jurisdiction

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.

Severability & Waiver Contact Information

This site is owned and operated by Ather Energy Limited (formerly known as Ather Energy Private Limited). If You have any have any question, issue, complaint regarding any of our Services, please contact <a style="background-color:transparent;border-width:0px;box-sizing:border-box;color:rgb(0, 149, 255) !important;cursor:pointer;font:inherit;margin:0px;outline:none;padding:0px;text-decoration:none;touch-action:manipulation;transition:color 0.3s ease 0s;vertical-align:baseline;" href="mailto:info@atherenergy.com">info@atherenergy.com</a>

Contact Information

All the events organized by Ather Energy Pvt. Ltd., and feedback received therein may be recorded and photographed. All rights to edit and publish the aforesaid subsists with Ather.

Photography and Videography

“The Company reserves the right to refuse permission to You to participate in any activity organized by the company, at its discretion without assigning any reasons whatsoever. Further the Company reserves the right to re-schedule, cancel or amend the terms governing activities, at its discretion without any prior written notice/intimation”.“Each order placed on this Website/Applications/Forum constitutes an offer to purchase products. Orders are subject to Company’s acceptance and may be refused at Company’s discretion.”

Right to Refusal

If you are reading this you are either sueing us or you are awesome. Anyways here is a <a href="/images/candy.png" target="_blank" rel="noopener noreferrer">candy</a>.

<div class="raw-html-embed">Summary: Cut through the jargon. We have added a summary to each section for a quick and easy read.</div>When you sign-up with us, you agree to follow the conditions listed below. The summaries are not a part of the actual policy, we have added them to make things easier to understand for you. These Terms of Use (“Terms of Use”) have been drafted in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of <a target="_blank" rel="noopener noreferrer" href="https://www.atherenergy.com/">www.atherenergy.com</a>, <a target="_blank" rel="noopener noreferrer" href="https://forum.atherenergy.com/">forum.atherenergy.com</a>, <a target="_blank" rel="noopener noreferrer" href="https://app.atherenergy.com/login">app.atherenergy.com</a>, its subdomains, Ather products and applications.

Terms

Ather Terms And Condition

<div class="raw-html-embed">Summary: All your personal data will be kept secure and safe and we will not use it or share it illegally.</div>The purpose of this policy is to ensure that the information of / provided by any Users visiting the Website is stored in accordance with the applicable laws. The information stored in such manner shall be protected by Ather via a secure server software, which is the industry standard and among the best software available today for secure transactions.Company’s Privacy Policy explains:1. What information is collected and why such information is collected;2. How such information is used;3. How such information can be accessed and updated.Company has tried to keep the Privacy Policy as simple as possible. We value the trust You place in Us. That is the reason why We insist upon the highest standards for secure transactions and customer information privacy. Please read the following statement to learn about Our information gathering and dissemination practices.

1. Purpose

<div class="raw-html-embed">Summary : You will have to share some of your personal details with us to help us provide you a better experience and also, so you can use certain functions on the Website. This data will be protected but in some cases shared with third party vendors for functions like storage and processing payments. Please ensure that it is accurate and up to date.</div>Depending upon the activity you wish to carry out on the Website, the information provided to Us shall be identified either as mandatory or voluntary. An activity which requires information to be mandatorily provided shall not be engaged if You abstain from providing such information.Personal Information: This includes the information that can be used to uniquely identify or contact You. In order to avail the services provided by Us, We may collect a variety of Personal Information, including but not limited to, Your name, postal address, phone number, email address, contact preferences, etc. The term “Account” as referred to in this Privacy Policy shall mean and include the Account held by the User with Company (administered by a password) for using the services as provided by Company.The Personal Information is collected from You in a voluntary fashion when You provide your credentials on the Website managed by Us.You are required to ensure that Your contact information and preferences are accurate, complete and up to date by logging into Your Account. We shall also make reasonable efforts to provide You with the opportunity to request correction of data relating to Your Personal Information if the same is inaccurate or delete the data. Further, We may decline to process requests which We find to be contrary to the terms laid down under this Privacy Policy, Our terms and conditions (“Terms and Conditions”) or any applicable laws, require disproportionate technical effort, jeopardize the privacy of others or are extremely impractical.Your Personal Information will be kept confidential to the maximum possible extent and used to support Your relationship with Company, to clarify any discrepancies which may arise on Your placing of an order or request, and other related functions provided by Company.By using this Website, You agree and You also acknowledge that with respect to certain activities, the collection, transfer, storage and processing of Your information may be undertaken by trusted third party vendors or agents of Company such as credit card processors, web hosting providers, communication services, and web analytic providers etc., to help facilitate Us in providing certain functions.Summary: Our Website automatically collects some data of your computer and parallel internet usage but none of these include your personal information. We use temporary cookies but these expire when you leave our Website.Non-Personal Information: Non-Personal Information is any information that does not reveal Your specific identity, such as, browser information, information collected through Cookies (defined below), pixel tags and other technologies, demographic information, etc. As is true with most websites, Our Website gathers some information automatically when You visit the URL/use applications of the Website and stores it in log files. When You use the Website and the services provided, We may collect certain information about Your computer to facilitate, evaluate and verify Your use of the Website, and the products and the services available on the Website. For example, We may store environmental variables, such as browser type, operating system, speed of the central processing unit (CPU), referring or exit web pages, click patterns and the internet protocol (IP) address of Your computer. This information is generally collected in aggregate form, without identifying any user individually.Cookies: Cookies are pieces of information that are stored on a User’s PC when the User accesses a website. The Website may use temporary cookies to help you access some of the special functions within the database driven areas of the Website. Once you leave our Website, these cookies expire. Cookies do not collect personal identifying information about the user.

2. Information We Collect

<div class="raw-html-embed">Summary: Your data is safe with us and we do not share it with anyone, including employees and contractors unless it is absolutely critical to process any services you might have requested from us or for business, professional or technical support</div>We work hard to protect You from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold. Pursuant to the same, we:1. Encrypt our services using secure server software, which is the industry standard and among the best software available today for secure transactions.2. Review our information collection, storage and processing practices, including physical security measures to guard against unauthorized access to systems.Company does not rent, sell or share Your Personal Information with third parties or non affiliated companies except to provide the services You have requested. We limit the disclosure of Personal Information to Our employees, independent contractors including vendors, affiliates, consultants, business associates, service providers and distributors of Our services, on a “need-to-know” basis, and only if the disclosure will enable that entity to provide Us with business, professional, or technical support or fulfill Your request.

3. Information Security

<div class="raw-html-embed">Summary: We will only disclose your personal information if required by the authorities, or to protect and improve our Operations or with certain affiliates who provide services like data security, customer service and more.</div>Company may disclose any information provided by You on the Website as may be deemed to be necessary or appropriate: (a) under applicable law, including laws outside Your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside Your country of residence; (d) to enforce Our Terms of Use; (e) to protect Our operations or those of any of Our affiliates; (f) to protect Our rights, privacy, safety or property, and/or that of Our affiliates, You or others; and (g) to allow Us to pursue available remedies or limit the damages that We may sustain.We may share Personal Information with other corporate entities and affiliates to:1. Help detect and prevent identity theft, fraud and other potentially illegal acts;2. Correlate related or multiple accounts to prevent abuse of Our services; and3. Facilitate joint or co-branded services that You request for where such services are provided by more than one corporate entity. We may disclose Personal Information to:3.a. Third parties in good faith, and such disclosure shall be reasonably necessary to enforce Our Terms of Use or the Privacy Policy, or to respond to claims of violation of third party rights through advertisements, postings or other content;3.b. Company’s third party providers who provide goods / services such as contact information verification, payment processing, order fulfillment, customer service, website hosting, data analysis, infrastructure provision, IT services, auditing services and other similar services to enable them to provide the relevant services.

4. Information We Share

<div class="raw-html-embed">Summary: Personal information will be retained for as long as necessary for the Company's purposes identified in the Privacy Policy / contracts / agreements at the time of collection or as subsequently authorized by the data subjects.</div>Personal information will be erased if their storage violates any of the data protection rules. Additionally, Ather has the right to retain the personnel information for legal and regulatory purposes and as per applicable data privacy laws.

5. Retention

<div class="raw-html-embed">Summary: You have the following rights and you can request for it by filling the following DSR Form.</div>You have the right to: a. request what information we are holding of yours, how and for what purpose we are processing it. b. request for an update of data we are holding that is inaccurate and incomplete. c. request to delete the data we are holding of yours, but only in specific cases where provided by law. d. object at any time to the processing of your personal data for direct marketing purposes.

6. Your Rights

<div class="raw-html-embed">Summary: We will give you a heads up if we make significant changes to the Privacy policy but in case you use the Website despite not reading it, we will assume you have consented to the changes.</div>The User acknowledges that becoming a User of the Website and its services signifies their assent to this Privacy Policy. Company may update this Privacy Policy at any time, with or without advance notice. In the event there are significant changes in the way Company treats User's personally identifiable information, Company will display a notice on the Website or send Users an email, as provided for above. Unless stated otherwise, Company’s current Privacy Policy applies to all information that Company has about Users and their accounts. Notwithstanding the above, Company shall not be required to notify the Users of any changes made to the Privacy Policy. If a User uses the services after notice of changes has been sent to such User or published on the Website, such User hereby provides his/her/its consent to the changed practices.

7. Change in Privacy Policy

<div class="raw-html-embed">Summary: We are not responsible for third party advertisements and the data they collect of you.</div>Some of the advertisements You see on the Website are selected and delivered by third parties, such as ad networks, advertising agencies, advertisers, and audience segment providers. These third parties may collect information about You and Your online activities, either on the Website or on other websites, through cookies, web beacons, and other technologies in an effort to understand Your interests and deliver to You advertisements that are tailored to Your interests.Please remember that the Company does not have access to, or control over, the information these third parties may collect. The information practices of these third parties are not covered by this Privacy Policy.

8. Advertisements

<div class="raw-html-embed">Summary: Any questions?</div>In case of any complaint or grievance, the User may contact the following:Grievance Officer:&nbsp; C/o Mr. Arup Mandal,&nbsp; Ather Energy Limited(formerly known as Ather Energy Private Limited),&nbsp; 3rd Floor, Tower D IBC KNOWLEDGE PARK IBC Internal Road, Bannerghatta Main Rd, Bengaluru, Karnataka 560029&nbsp; Time: 10AM – 5PM&nbsp; Email: grievanceofficer@atherenergy.comThe Grievance Officer shall expeditiously redress the grievances, but within reasonable time as may be provided in applicable laws.

9. Questions

<div class="raw-html-embed">Summary: Don’t accept the policy if you disagree with how we will use your personal data.</div>Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning the User's account and/or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise. The terms in this agreement may be changed by the Company at any time. Company is free to offer its services to any client/prospective client without restriction.By registering or by using this Website, you explicitly accept, without limitation or qualification, the collection, use and transfer of the Personal Information provided by you in the manner described in this Privacy Policy.Please read this Privacy Policy carefully as it affects your rights and liabilities under law. If you do not accept the Privacy Policy stated herein or disagree with the way we collect and process personal information collected on the Website, please do not use it.

10. Disclaimer

The laws of India shall govern this privacy statement, and the courts of Bangalore, India shall have exclusive authority to hear and determine any issues relating thereto. Any applicable data protection legislation shall govern this Privacy Policy.

<div class="raw-html-embed">Summary: We have done a solid and cut through the jargon and added a summary to each section. When you sign up with us you are agreeing to follow the conditions listed below. The summaries are not part of the actual policy but should make them easy to understand and maybe inspire some of you to read it.</div>Ather Energy Limited (formerly known as Ather Energy Private Limited), a private limited company, incorporated and existing under the laws of India and having its Registered Address at 3rd Floor Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bengaluru, Karnataka 560029 and Corporate Identification Number is (CIN) U40100KA2013PLC093769 (hereinafter referred to as “Ather”, “We”, “Us”, “Company” or “Our”) is concerned about the privacy of the users (hereinafter referred to as “You”, “Your” or “User”) of its website or other Ather applications/ services (“Website”) and has provided this privacy policy statement (the “Privacy Policy”) to familiarize You with: the manner in which Company collects, uses, stores and discloses Your information collected through the Website.

Privacy policy

Ather Privacy policy

<a href="/corporate-others-annual-return">Annual Returns</a> &gt;<a href="/fy_23-24" target="_blank" rel="noopener noreferrer">Notices</a> &gt;

Capitalized terms used and not otherwise defined herein that are defined in the Program Document or website terms and conditions shall have the meanings given such terms in the Program Document or such website terms and conditions. As used in this Agreement, the following terms shall have the following meanings:”Confidential information” shall mean all information supplied in confidence by the Company to the Participant, which may be disclosed to the Participant or otherwise acquired by the Participant during its performance under this Program including<ol style="margin-bottom:0;margin-top:0;padding-inline-start:48px;"><li style="background-color:transparent;color:#282c3f;font-family:Arial,sans-serif;font-size:12pt;font-style:normal;font-variant:normal;font-weight:400;list-style-type:lower-alpha;text-decoration:none;vertical-align:baseline;white-space:pre;" dir="ltr" aria-level="1">All information which a reasonable person would consider confidential under the context of disclosure or due to the nature of the information itself, and shall include technical and non-technical information, intellectual property rights, know-how, designs, techniques, plans, procedure, improvement, technology or method, object code, source code, databases or any other information relating to the Company’s product, work in progress, future development of the Company’s product.</li><li style="background-color:transparent;color:#282c3f;font-family:Arial,sans-serif;font-size:12pt;font-style:normal;font-variant:normal;font-weight:400;list-style-type:lower-alpha;text-decoration:none;vertical-align:baseline;white-space:pre;" dir="ltr" aria-level="1">Marketing strategies, plans, financial information, projections, operations, sales estimates, shareholding patterns, business plans and performance results relating to the past, present or future business of the Company, plans for products or services, and customer or supplier lists</li><li style="background-color:transparent;color:#282c3f;font-family:Arial,sans-serif;font-size:12pt;font-style:normal;font-variant:normal;font-weight:400;list-style-type:lower-alpha;text-decoration:none;vertical-align:baseline;white-space:pre;" dir="ltr" aria-level="1">The content, the technical documents and all information in relation to the Company’s product this Agreement</li><li style="background-color:transparent;color:#282c3f;font-family:Arial,sans-serif;font-size:12pt;font-style:normal;font-variant:normal;font-weight:400;list-style-type:lower-alpha;text-decoration:none;vertical-align:baseline;white-space:pre;" dir="ltr" aria-level="1">Any information which may be communicated.</li></ol>

1. Definition:

1.1. Participants: any natural person or legal entity, joint-stock company, partnership, branch, association, joint venture, consortium, incorporated or unincorporated enterprise, or Authority.1.2. The “Software” shall mean any and all software applications associated with the dashboard of the Ather`s electric vehicle along with the source code and object code form and any updates or upgrades to the “Software” which are proprietary products of Ather or licensed to us and as per Program document is eligible under this Program.1.3. “Vulnerability” means a weakness that can be exploited to have unauthorized access to a computer system or unlawful gains from such a weakness.1.4. “Vulnerability Severity” Severity of a vulnerability is determined based on security impact. Below are the severity levels for any vulnerability (a) critical, (b). high, (c) medium, (d) low.1.5. “Working Days” means any day other than a Saturday, Sunday or gazetted holidays.

In case of any breach by Security Researcher of&nbsp; rules or Terms and Conditions of&nbsp; the Program or any additional terms released by Ather, Ather may, at its sole discretion, terminate his or her participation in the Program without giving any further notice. In certain instances, any previous contributions may also be deemed invalid. Ather also retains the right to withdraw the Program at any time, without any liability or consequences.

2. Program Termination:

3.1. You shall not use the name or copyrights or trademarks of Ather for advertising or any other publications or in any other manner without the prior written consent of the Company.3.2. You shall keep in strict confidence and shall not, without the prior written consent of the Company, use for a purpose other than for the purpose of this Program or disclose to any third party any information relating to this Program, any information related to Company’s business howsoever acquired, directly or indirectly, trade secrets, the information or data received from Company or any other data pertaining to Company that may come into Your possession in any form during the course of participation for this Program including information having commercial value, any Intellectual Property of the Company including but not limited to the use of any name, copyrights and trademarks of the Company and other information of a confidential nature acquired in the course of participation for this Program (“Confidential Information”).3.3. You shall not commercially exploit or otherwise share any data including the details of Company’s customers` or users information in any form.3.4. Your obligation under this clause shall continue to survive for a period of five (5) years after the completion of your participation in this Program.

3. Confidentiality obligations 

4.1. You agree to disclose in writing to Company all notes, documents, information, documentation, improvements, works of authorship, processes, techniques, know-how, hardware, circuits, computer programs, databases, user interfaces, encoding techniques, and other materials or works of any kind that You may make, conceive, develop or reduce to practice, in connection with your participation in this Program or that result from or that are related to the Program, whether or not they are eligible for patent, copyright, mask work, trade secret, trademark or other legal protection (collectively, “Work”). All Work shall be work for hire for the Company.4.2. You cannot use any part of the details of your participation in the Program Services or use Company’s name and/or logo for the purpose of its own promotion or otherwise including but not limited to putting up, uploading and sharing any material on any website, blog, social networking sites etc. You and Company agree that, to the fullest extent legally possible, all Work will be works made for hire or commissioned Work owned exclusively by Company.4.3. Any solutions, recommendations, or suggestions that you provide to Ather through this program, will immediately become the property of Ather without any limitations or exceptions.

4. Intellectual Property Rights:

<ol style="margin-bottom:0;margin-top:0;padding-inline-start:48px;"><li style="background-color:transparent;color:#000000;font-family:'Times New Roman',serif;font-size:12pt;font-style:normal;font-variant:normal;font-weight:400;list-style-type:lower-alpha;text-decoration:none;vertical-align:baseline;white-space:pre;" dir="ltr" aria-level="1">You must comply with all applicable local, state, national and laws in connection with its use, including those laws related to data privacy, international communications, and the transmission of technical or personal data. You shall not upload, post, reproduce or distribute any information, software or other material protected by copyright, privacy rights, or any other Intellectual Property Right without first obtaining the permission of the owner of such rights. You must comply and ensure that its personnel comply with all applicable laws and regulations (applicable laws and regulations). Company has no tolerance for bribery or corruption in any aspect of its business.You shall not participate in, facilitate or permit any form of corruption, bribery, kickback, extortion, embezzlement or money laundering, whether with respect to public officials or to any other person. You shall comply strictly with all applicable laws and regulations and with Company’s policy. The participation in the Program can not be assigned, delegated, sold or transferred, whether by operation of law or otherwise. Breach of this clause shall be deemed a material breach of this Program entitling the Company to render your submission invalid and result in complete disqualification from the Program.</li><li style="background-color:transparent;color:#282c3f;font-family:Arial,sans-serif;font-size:12pt;font-style:normal;font-variant:normal;font-weight:400;list-style-type:lower-alpha;text-decoration:none;vertical-align:baseline;white-space:pre;" dir="ltr" aria-level="1">The Participant undertakes to treat and maintain all Confidential Information in confidence. With respect thereto, the Participant undertakes and agrees as follows:<ol style="margin-bottom:0;margin-top:0;padding-inline-start:48px;"><li style="background-color:transparent;color:#282c3f;font-family:Arial,sans-serif;font-size:12pt;font-style:normal;font-variant:normal;font-weight:400;list-style-type:lower-roman;text-decoration:none;vertical-align:baseline;white-space:pre;" dir="ltr" aria-level="2">These Terms do not create a joint venture or partnership between the Parties.</li><li style="background-color:transparent;color:#282c3f;font-family:Arial,sans-serif;font-size:12pt;font-style:normal;font-variant:normal;font-weight:400;list-style-type:lower-roman;text-decoration:none;vertical-align:baseline;white-space:pre;" dir="ltr" aria-level="2">For a period of 5 (five) years the Participant shall not publish, disseminate, disclose any Confidential Information.</li><li style="background-color:transparent;color:#282c3f;font-family:Arial,sans-serif;font-size:12pt;font-style:normal;font-variant:normal;font-weight:400;list-style-type:lower-roman;text-decoration:none;vertical-align:baseline;white-space:pre;" dir="ltr" aria-level="2">The Participant shall use the Confidential Information only in connection with the Purpose and for no other reason whatsoever</li></ol></li><li style="background-color:transparent;color:#282c3f;font-family:Arial,sans-serif;font-size:12pt;font-style:normal;font-variant:normal;font-weight:400;list-style-type:lower-alpha;text-decoration:none;vertical-align:baseline;white-space:pre;" dir="ltr" aria-level="1">The Participant shall not copy or reproduce to writing any part of the Confidential Information and any copies, reproductions or reductions to writing of the Confidential Information which have already been made by the Parties shall be the property of the Company.</li><li style="background-color:transparent;color:#282c3f;font-family:Arial,sans-serif;font-size:12pt;font-style:normal;font-variant:normal;font-weight:400;list-style-type:lower-alpha;text-decoration:none;vertical-align:baseline;white-space:pre;" dir="ltr" aria-level="1">The Participant shall not, from the date of agreeing to these Terms and Conditions, independently develop or have developed for itself products, concepts, systems or techniques that are similar to or compete with the products, concepts, systems or techniques contemplated by or embodied in the Confidential Information of the Company or the Purpose, which development shall be construed as a violation of the obligations of the Participant under these Terms.</li></ol>

5. Compliance with Laws:

6.1. Participants&nbsp; shall indemnify and hold Company, its promoters, officers, directors, employees, affiliates, agents, sub-contractors and other representatives harmless from any claims, demands, liabilities, suits, proceedings, penalties, costs or expenses of any kind (including, attorneys’ fees and expenses) arising out of or in connection with (i) infringement of Intellectual Property rights of Company by the You or its personnel; (ii) infringement of third party intellectual property rights by the You or its personnel; (iii) violation of any Applicable Laws and statutory obligations by the You or its personnel; (iv)&nbsp; negligence and/or misconduct by the You or its personnel; (v)&nbsp; breach of any obligation, terms, representation, warranties and covenants under this Program; (vi) breach of confidentiality obligations under this Program and/or (vii) any damage to property and/or bodily injury or death caused due to your negligence.6.2. This provision shall survive the expiration of your participation for the Program. Notwithstanding anything to the contrary elsewhere contained in this Program, Company, in any event, regardless of the form of claim, shall not be liable for any indirect, special, punitive, exemplary, speculative or consequential damages, including, but not limited to, any loss of use, loss of data, business interruption, and loss of income or profits, irrespective of whether it had an advance notice of the possibility of any such damages.

6. Indemnity & Limitation of Liability:

7.1. Nothing contained in any of the Program document mentioned hereinabove shall be construed to obligate the Company to disclose any information to the Participant or create any obligation on Company.7.2. The&nbsp; laws of India shall be the applicable law for this Program. The courts of Bangalore in India shall have the exclusive jurisdiction to adjudicate upon any or all disputes arising out of or in connection with this Program.7.3. Vulnerabilities deemed as accepted risks by Ather will not be eligible for any reward and recognition. &nbsp;

7. No Warranties

Ather Energy Private Limited (hereinafter referred to as “Ather”, “we”, “us”, “Company” or “our”) is committed to conducting its business transparently and, the safety and security of our users and customers' information are of utmost importance. Our Responsible Vulnerability Disclosure Program ( also referred to as “RVDP or Program”) offers a way for security researchers such as you&nbsp; (hereinafter referred to as “Participants” “Security Researchers”, “You”, “Your”) as participants for this Program to identify and report vulnerabilities on our platforms, identified as eligible for this Program, while being acknowledged and rewarded for their efforts. By participating, You hereby irrevocably agree to comply with these Terms and Conditions of the Program.