Terms of Use

Summary: We have done you’ll 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.

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 www.atherenergy.com.

About Us

The domain name www.atherenergy.com (hereinafter referred to as "Website") owned and managed by 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 (hereinafter referred to as “Company”)

Terms of Use

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, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Company and these terms and conditions including the policies constitute your binding obligations, with the Website.

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.

Eligibility to use

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.

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

Your use of Company Website

The Company offers its services to different categories. Users of each of the categories are required to register themselves on the Website 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. 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'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).

Privacy and Information Protection

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.

Charges for using the Website

Company does not charge any fee for browsing the Website. 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.

Rights of use

Company grants you limited rights to access and make personal use of this website, 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 or its contents; any collection and use of any content, descriptions, or prices; any derivative use of this website 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 or any portion of this website (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.

Your Conduct

You must not use the Website in any way that causes, or is likely to cause, the Website 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 for lawful purposes only. You must not use the Website 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 anxiety

POLICIES
Profanity Policy

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.

Disclaimer of Warranties and Liabilities

We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the 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, 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.

Communications

When you visit www.atherenergy.com or send e-mails to us, you are communicating with us electronically. We may communicate with you by e-mail, SMS, 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 or phone calls from us.

Losses

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.

Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, 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, 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.

Events beyond our reasonable control

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

Waiver

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.

Governing law and Jurisdiction

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 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.

Severability & Waiver Contact Information

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.

Contact Information

This site is owned and operated by Ather Energy Private Limited. If You have any have any question, issue, complaint regarding any of our Services, please contact [email protected]

Photography and Videography

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.

Right to Refusal

“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 constitutes an offer to purchase products. Orders are subject to Company’s acceptance and may be refused at Company’s discretion.”

Subscription Terms and Conditions

Ather Energy Private Limited (“ Ather ” or “ We ”) provides a Subscription Service ( as defined hereinafter ) along with its vehicles, Ather 340 and Ather 450 (“ Vehicle ”), to its customers. This policy provides the customers with details on the Subscription Service and the terms and conditions based on which the Subscription Services are provided by Ather.

All references to “ Customer ” or “ You ” shall refer to the purchaser of the Vehicle and the Subscription Service.

I. Subscription Service

On payment of the Subscription Fee ( as defined hereinafter ), the Customer can avail the subscription service that include the following (“ Subscription Service ”):

1. Data Services

The Customer may avail data services and such data services will enable the Customer to use the dashboard along with all the features of the Vehicle including navigation, Vehicle analytics, personalized customer support, over the air services.

2. Charging Service

The Customer shall be entitled to charge their Vehicle from any Ather’s public charging stations without making any additional payments. In addition to the foregoing, the Customer shall be entitled to reimbursements of costs incurred by the Customer towards charging their Vehicle at their residence.

3. Scheduled Maintenance

The Customer will be entitled to avail scheduled maintenance free of any additional cost. Such scheduled maintenance shall be at such frequency as specified by Ather from time to time. Scheduled maintenance of the Vehicle will include general maintenance services.

4. Breakdown Assist

In the event of a breakdown, on receipt of a request by the Customer, Ather shall have the Vehicle towed to the service station of Ather. Ather may require the Customer to accompany Ather personnel to the service station if necessary.

II. Subscription Fee

1. In consideration of the Subscription Services being provided by Ather, the Customer shall be required to pay Ather fee as detailed below (“ Subscription Fee ”):

a. Fee of INR 8400/- (Indian Rupees Eight Thousand and Four Hundred only) plus applicable taxes payable annually; and

b. Fee of INR 2200/- (Indian Rupees Two Thousand and Two Hundred only) plus applicable taxes payable quarterly. Customer shall be required to pay this fee four times annually.

2. Subscription Fee shall be payable in advance by the Customer. annually.

3. Payment towards the Subscription Fee may be made by the Customer through credit card/debit card, net banking and wallets. Ather utilizes services of third parties to enable the Customers to make the online payments and accordingly, the Customers shall be subject to the terms and conditions of such third parties.

III. Consequences of Non-Payment

In the event of non-payment of the Subscription Fee by the Customers:

1. The data services would be disabled. Accordingly, Customers will not have access to the relevant functionalities and features on the Vehicle that are enabled through internet. Notwithstanding the foregoing, Ather shall, at all times, have the right to collect data of the Vehicle;

2. Charging of the Vehicle at Ather’s public charging stations shall be chargeable by Ather at such rates as specified by Ather from time to time. Customers shall not be eligible for reimbursements of costs incurred towards charging the vehicle at their residence.

3. Any breakdown assistance provided by Ather shall be chargeable at such rates as may be specified by Ather from time to time.

IV. Cancellation of Subscription Services

Ather may, at any time, with or without cause, have the right to cancel the subscription purchased by the Customer. In the event of termination for breach committed by the Customer of the terms of purchase of the Vehicle, Ather shall have the right to retain the Subscription Fee paid by the Customer. In addition to the foregoing, Customer shall indemnify Ather for all damages, costs, losses, liabilities and expenses suffered or incurred by Ather as a consequence of such breach. This shall be in addition to all remedies Ather may have against such Customer in law and in equity.

V. Governing Law and Dispute Resolution

This Policy is governed in accordance with the laws of India and the Courts in Bangalore shall have the exclusive jurisdiction to resolve the disputes between the Parties.

Warranty Policy

Ather Energy Private Limited (hereinafter called " Ather "), warrants that each new Ather 340 and Ather 450 vehicle distributed in India by Ather (“ Vehicle ”), directly or through its authorized dealers will be free, under normal use and service, from any defects in material and workmanship at the time of manufacture subject to the following terms and conditions:

Eligibility

This warranty policy (“ Warranty ”) shall be applicable to the Vehicles distributed by Ather or its authorized dealers and provided that:

1. the Vehicles are serviced at authorized service centres;

2. any replacement parts used are parts distributed by Ather or its authorized dealer.

Warranty Period

Warranty for Vehicle

This warranty is applicable for a period of 30,000 kms or three (3) years, whichever is earlier (“ Warranty Period ”). The warranty period shall commence on the date on which the Vehicle is delivered to the customer.

Warranty for battery

This Warranty will be available for a period of three (3) years. The capacity of a lithium-ion high voltage battery naturally decreases over the period of use due to inherent technical reasons (natural wear and tear). Depending on use and storage conditions, battery will degrade during the duration of this Warranty period. Ather will only repair or replace pursuant to this Warranty a battery that exhibits a nominal storage capacity reduction of greater than 30% of the published nominal capacity, as measured by Ather. Ather can determine the capacity of a battery through its standard procedures which will confirm if a reduction is within expected norms.

Warranty Obligation

In the event of any manufacturing defect in the Vehicle, Ather shall have the sole obligation to repair or at its discretion, replace the defective part at no additional cost to the owner of the Vehicle provided that the defect has not been caused due to any act or omission of the owner and has been caused due to defective manufacturing or workmanship of Ather.

Warranty obligations as specified above are not applicable in case of:

1. Damage to Vehicle or battery caused due to accidents;

2. In the event the Vehicle has been serviced or repaired at any service centre that has not been authorized by Ather;

3. Consumables that are covered under sceduled maintenance of the Vehicle, including but not limited to, brake pads, bearings, tyres, oil, seal, rear shock bushes, rear view mirror

4. Any Vehicle with parts or accessories that have not been approved by Ather;

5. Any Vehicle which has been assembled or disassembled or repaired by any service station other than the authorized service centres of Ather;

6. Any defects caused by misuse or abuse of the Vehicle or use of the Vehicle in violation of the terms of the owner’s manual;

7. Vehicle is used for purposes other than the purposes for which the Vehicle is manufactured;

8. Any modifications made to the Vehicle by any entity other than Ather or entities authorized by Ather;

9. Damages, performance problems or malfunctions caused by the installation or use of any charger not sold or approved by Ather;

10. Damage, performance problems or malfunctions caused by fire, collision, accident, or improper storage;

11. Damage, performance problems or malfunctions caused by continued operation of the Vehicle after a warning light indicating a mechanical or operational problem;

12. Any damage caused during performing immoral or illegal activity while using the Vehicle.

Responsibilities of the Owner:

On noticing the defect, the owner shall promptly notify Ather of the same. On being notified by the Owner, Ather shall either take the Vehicle to the Ather service centre at no additional cost to the owner or require the owner to present the Vehicle to authorized service centres of Ather during the Warranty Period at their sole cost. Further, owners shall not permit any third parties to repair or modify the Vehicle in any manner whatsoever.

The owner of Vehicle shall be solely responsibile to read and understand the owner’s manual, this Warranty, and all product warnings before operating the Vehicle. Serious injury or death can result from improper operation or failure to observe warnings and safety instructions on any such vehicle.

Further, the owner shall be responsible for:

a. Performing all recommended and necessary routine care and maintenance and engage in proper use of the Vehicle in accordance with the owner’s manual.

b. Comply with all applicable laws governing the operations of a vehicle, generally, and an electric vehicle, specifically.

Warranty Statement

This Warranty statement has been provided by Ather and no other entity including the authorized dealers, service centres, its employees or agents have the authority to amend, add to, extend or in any manner modify the warranty provided under this Warranty.

Ather shall have the right to introduce improvements to design or functioning of its Vehicle from time to time and shall not be under any obligation to provide these changes for Vehicles that have been previously sold.

Limitation of Warranty

THIS LIMITED WARRANTY IS THE ONLY EXPRESS WARRANTY MADE IN CONNECTION WITH THE SALE OF THE VEHICLE 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.

The owner acknowledges that there is an inherent risk in the operation of vehicles. This Warranty does not cover - and Ather cannot assume responsibility for - any injury arising from the unsafe or improper operation of the Vehicles, or the user’s failure to comply with instructions, care and maintenance requirements, warnings, and safety precautionss.

On expiry of the Warranty Period, all services to be provided by Ather shall be chargeable at such rates as may be specified by Ather from time to time.

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