PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”), CAREFULLY. THESE TERMS PROVIDE AND CAPTURE IMPORTANT LEGAL INFORMATION REGARDING YOUR USE OF THE WEBSITE.
BY ACCESSING, USING AND REGISTERING ON THIS WEBSITE, YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS, OR USE THE WEBSITE AND SHOULD DELETE DATA DOWNLOADED BY YOU WHILE USING THE WEBSITE.
- You may also not access this Website, if you are the Company’s competitor. In addition, you may not access this Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
- We reserve the right to amend these Terms at any time without prior intimation to Users. Your use of the Website following any such amendments will represent your agreement to be bound by these Terms as amended. We therefore recommend that each time you access or use the Website, you read these Terms.
- “Authorised Dealer” mean the person or the entity that has been authorised by the Company to deliver the Products.
- “Booking” mean the arrangement that you make in advance with the Company in order to purchase the Product online through the Website.
- “Booking Amount” means the minimum amount stated under clause 8.1 to be paid by you for Booking the Product.
- “Products” means such products as may be listed on the Website for Booking.
3. OUR SERVICES
Through our Website, online Booking of Products listed on our Website that will be delivered in the Territory by our Authorised Dealers (“Services”) .
- This Website is intended for the use of Users who are eighteen (18) years of age or older. If you are under the age of eighteen (18), you should get the assistance of a parent or guardian to use this Website. For Booking and purchasing the Product, the user should be minimum eighteen (18) years of age.
- The Services are not available to any Users are removed from using the Service by us. If you are accessing an account registered on the Website (“Account”) to use the Services on behalf of a User, then you represent and warrant that you: (i) are an authorized representative of such User (ii) agree to be bound by these Terms on behalf of such User. We will not be under any obligation to verify your authority or eligibility. If you do not qualify to be an eligible User, you should not use our Services.
5. REGISTRATION OF USER ACCOUNT
- User will be solely responsible for maintaining the confidentiality of the Account and for all other activities that occur under his/her Account and must keep his/her Account and password secure. Users are prohibited from transferring their Account to any third party. We encourage you to use strong passwords i.e., passwords that use a combination of upper- and lower-case letters, numbers and symbols with your Account. User must (i) notify Company immediately in case of any breach of security or unauthorized use of your Account; (ii) report to Company immediately and use reasonable efforts to stop any unauthorized use of the Services that is known or suspected by you, and (iii) not provide false identity information to gain access to or use the Services. You will be solely responsible for your acts and omissions. Company will not be liable for any losses caused by any unauthorized use of your Account, loss of data or functionality by User. We also, at our sole discretion, reserve the right to refuse or cancel registration of any Account which we deem inappropriate.
- The Account gives access to Users to use the Services and functionalities that we may establish and maintain from time to time in our sole discretion.
6. PRICE OF THE VEHICLE
- The price of the Product displayed on the Website is only the ex-showroom price of the Product and does not include any taxes, levies, duties or similar governmental assessments of any nature, including without limitation any road tax, insurance, registration, accessories charge, assessable by any jurisdiction whatsoever (collectively, “Taxes”) except GST. You are responsible for paying all Taxes associated with price of the Product. Ex-showroom price is indicative and may vary at the time of purchase.
- The balance sale price (i.e., balance sale consideration) will be paid directly to the Authorised Dealer or the Company, as the case may be.
- Additional accessories will need to be purchased through Authorised Dealer or the Company as the case may be.
- Please take note that Company through the Website will only be receiving the Booking Amount as a facilitator to promote the sale between the Authorised Dealer in case of sale through dealer. The actual transaction of the sale is a contract between You and the Authorised Dealer with whom you will be making the payment of balance sale price. If the sale is directly by Company, the actual transaction of sale is a contract between you and the Company.
By placing a Booking with us, you express Your intention to purchase the Product specified by you and agree to be bound by these Terms. Your purchase of the Product and delivery by us/Authorised dealer will be subject to your compliance with the Terms hereunder and other applicable laws, regulations and guidelines. Confirmation for the Booking is subject to availability of the chosen Product with us/ Authorised Dealers. A “User Manual” is available on Website, detailing the parts, technology and functionality of the Product and its charging solution. The User Manual will also detail the manner in which the Product is required to be used by the Customer. The Customer will be required to read and understand the User Manual completely and use the Product 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 Product, and You agree to comply with the stipulations and requirements of such updated User Manual.
8. BOOKING AND FULL PAYMENT AMOUNTS
- User shall be required to pay a noninterest bearing Booking Amount as may be informed on Website from time to time through the link provided on the Website to confirm the Booking The same will be construed as an offer from your end and will be adjusted against payment of the final Product price by you. Upon the receipt of the amount in the Company bank account, Company will communicate the acceptance of the Booking and payment confirmation via SMS/email. You understand that acceptance of the Booking shall not be construed as completion of the sale of the Product as it is subject to the payment of balance amount, documentation requirements and terms and conditions.
- Taxes. Price of Product(s) shown on the Website does not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with price of the Product.
- You can also share your transaction ID with the Authorised Dealer/ us, to share status of the Booking payment. You shall contact the Authorised Dealer/us, to complete the invoicing process.
- Company will not be responsible for any non-receipt of the Booking Amount to Company’s bank account due to technical or other reasons in the payment gateway or banking network issues.
- Company will notify you the details of the Authorised Dealer to which the balance payment of sale consideration has to be made (if the sale is through that Authorised Dealer) and the timeline for the balance payment for the Product is due. You may visit the place of the dealership to ascertain the documentary formalities. The Authorised Dealer (if the sale is through dealer) will provide the invoice for the full sale value of the Product including the amount collected by us towards Product booking.
- Failure to make the balance payments in time may result in a delay in delivery of the Product and / or may result in cancellation of the booking.
- Financing Options
- If you wish to avail any of the financing options for the purchase of the Product, the same may be availed through the financiers available at the Authorised Dealer or you can make your own arrangements for the same. Kindly contact the Authorised Dealer intimated to you if you wish to know the financing options. Company will not be responsible for the availability / non availability of the financing option. The financing transaction is an arrangement between you and the financier entity.
- In the event You avail of any third-party’s services to finance the purchase of your Product, you acknowledge and agree that Company will have no obligation to enter into any agreement with such third-party financer.
9. CANCELLATION AND REFUND
- Refunds on Booking Amounts will be made in full within fifteen (15) bank working days from the date of cancellation. This amount is refundable till the point of making the full payment for purchasing the Product.
- Refunds on Down Payment will be made subject to deduction of 5% cancellation fees of such amount, within fifteen (15) bank working days from the date of cancellation. This amount is refundable till the point of making the full payment for purchasing the Product.
- Once, the full payment for the Product, has been made by you (including by way of availing of loan/financing from any entity), the sale will be complete, and claim for any cancellation or refund amount will not be accepted.
10. DELIVERY SCHEDULE
We or our Authorised Dealer will communicate the estimated delivery period for your Product and will make all commercially reasonable efforts to deliver your Product within the specified delivery period by us or the Authorised Dealer notified by us as the case may be. Any change or delay in the delivery period will be notified to you by us or our dealer. We will not be liable for any claims, damages, losses, costs or expenses incurred/suffered by you due to delay in delivery of the Product by us or the Authorised Dealer. However, in the event of any delays, you may cancel and claim a refund of your Booking Amount in accordance with these Terms.
11. OUR PROPRIETARY RIGHTS
Any and all rights to the Website, Services, graphics, images, layouts, logos, trademarks or text thereof including title, ownership rights and intellectual property rights such as copyrights, trademarks, service marks and patents therein is the sole and exclusive property of Company. These Terms do not grant you any rights, title and interest in and to Website, its contents, and branding thereof including Company’s intellectual property rights except where expressly and unequivocally licensed herein. Any rights not expressly and unequivocally granted to User are reserved.
12. HYPERLINKS AND THIRD-PARTY SERVICES
- The Website may from time to time contain hyperlinks to other websites or mobile applications. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance of any linked website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or services which it provides. Company is not a party to any transaction between you and such website.
13. PRIVACY & SECURITY
14. NO WARRANTY/DISCLAIMER
- We make no guarantees, representations, endorsements or warranties, whether expressed or implied, with respect to, expertise, or information, or other content through the Services. In no event, will we be liable to you or anyone else for any decision made or action taken by you by relying on our Services.
- The Service is provided on an “as is” and “as available” basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose, non-infringement or timeliness of the content. Without limiting the foregoing, Company, its affiliates, and its licensors do not warrant that the Service will meet your requirements; that the service(s) will be available at any specific time or location, uninterrupted or secure; that any defects or errors will be corrected. Any content downloaded or otherwise obtained using the Services is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service. Company disclaims all liability for any claims arising out of the interfacing between the users, including any claims of fraud, misrepresentation and/or infringement of any intellectual property rights and violation of property rights arising out of the Services or from the use of Services on the Website.
- Company does not warrant, endorse, guarantee, or assume responsibility for any service advertised or offered by a third party through Company’s Website or any hyperlinked website or service.
- Company will not be liable for any (i) wrong information, improper suggestions, reports, being given on the Website, (ii) any type of inconvenience, personal injury, or harm to the user due to use of the Website, (iii) any instances, claims or complaints of fraud against other users, from using the services or on the basis of the information available on the Website, (iv) any claim arising out of the use or misuse of the Services.
- In addition, Company does not warrant that use of the Website will be free from technological difficulties including, but not limited to, unavailability of information, downtime, Service disruptions, viruses or worms, and you understand that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output.
- You agree that the Website is an online marketplace that enables you to purchase Products listed on the Website at the price indicated therein at any time from any location. You further acknowledge that we are only a facilitator and any transaction between the third party and you, through use of our Market Place Services, will be a strictly bipartite contract between you and such third party. We will not be responsible or held liable for such transactions in any manner.
15. TERMINATION/ ACCESS RESTRICTION
- Company reserves the right, in its sole discretion, to terminate your access to the Website and the related Services or any portion thereof at any time, without notice. Your right to access and use the Website terminates automatically upon your material breach of any of these Terms. Company reserves the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice.
- Company’s performance of these Terms is subject to applicable laws and legal process, and nothing contained in these Terms is in derogation of Company ‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or Personal Information provided to or gathered by Company with respect to such use. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue to be in effect.
16. PROHIBITED CONDUCT
- You agree not to engage in any of the following activities:
- reproduce, redistribute, duplicate, copy, sell, resell, lease, transfer, sub-license, publish or exploit for any purposes, use of the Website, or access to the Website without our prior written consent;
- decompile, disassemble, reverse engineer, and attempt to discover the Website or reduce the Website to a human-perceivable form;
- use the Services for any purposes that potentially could cause or might result into any property damage, introduce virus or any other hazardous application of the Services;
- You will not use the Website to develop any competing applications, websites or Products which are similar or substantially similar to the Website or our Services;
- Violating applicable laws and rights: You may not (a) use the Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) use the Website to defraud any other user in relation to the Services, (c) violate or encourage others to violate the property rights of any other users (d) violate or encourage others to violate any right of or obligation of a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality laws or privacy rights.
- Solicitation: You may not use the Website, or any information provided through the Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
- Disruption: You may not use the Website in any manner that could disable, overburden, damage, or impair the Website, or interfere with any other party’s use and enjoyment of the Website; including by (a) uploading or otherwise disseminating any virus, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Website, or violating any regulation, policy or procedure of any network, equipment, or server.
- Impersonation or unauthorized access: You may not impersonate another person or entity or misrepresent your affiliation with a person or User when using the Website; You may not use or attempt to use another User’s Account or personal information; and you may not attempt to gain unauthorized access to the Website, or the computer systems or networks connected to the Website, through hacking password, mining or any other means. You may not attempt to disable, ‘hack’ or otherwise interfere with the proper functioning of this Website or the provision of Services to Users thereof.
- Blogs: You may post reviews, comments and other content on the Website provided that such reviews are not illegal, obscene, abusive, threatening, defamatory, invasive of privacy or infringing of intellectual property rights.
- Company reserves the right (but is not obligated) to do any or all of the following:
- Remove communications that fail to conform with these Terms;
- Terminate a User’s access to the entire Website or specific features of the Website;
- Terminate a User’s Account for providing information provided by you in a manner inconsistent with these Terms;
- Edit or delete any communications posted on the Website, regardless of whether such communications violate these standards.
You agree to defend, indemnify and hold harmless Company, its affiliate and their respective employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Services, including any data or information transmitted or received by you; (ii) your violation of these Terms; (iii) your violation of any third-party rights, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any misrepresentation or fraud by you; (vi) your negligent or wilful misconduct.
18. LIMITATION OF LIABILITY
In no event, will we be liable to you (or to any third party claiming under or through you) for any direct, indirect, special, incidental, consequential or exemplary damages arising from your use of, or inability to use, the Website or the Services. We will not be liable for any transactions that arise between you and another user. These limitations and exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, any other commercial damages or losses, or professional malpractice or negligence through use of the Service, even if we knew or should have known the possibility of such damages. You specifically acknowledge and agree that we will not be liable for any content posted by you or by any user or third party and that the risk of harm or damage from the foregoing rests entirely with you. Your sole and exclusive remedy for dissatisfaction with the Service is to stop using the Website and the Service.
19. ASSIGNMENT OR TRANSFER
You acknowledge and agree that Your Booking is for delivery of Product only to you and you may not transfer or assign rights granted to you under these Terms to any third party.
The Product is available for Booking or sale in the territorial boundaries as per Company’s Policy.
- Assignment: These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction. Any attempted transfer or assignment by you in violation hereof will be null and void.
- Notification Procedures and Changes to the Terms: Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes to you through an email or messages, or through posting of such notice on the Website, as determined by Company in its sole discretion. Users may also choose to discontinue receiving such notification as described in these Terms.
- Independent Contractors: You acknowledge that the provision of Services is on a principal-to-principal basis and each party hereto is an independent contractor. These Terms do not create a relationship of joint venture, partnership, principal/agent, employer/ employee between Company and User.
- Entire Terms /Severability: These Terms, together with any amendments and any additional agreement you may enter with Company in connection with the Services, will constitute the entire agreement between you and Company concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which will remain in full force and effect.
- No Waiver: No waiver of any term of these Terms will be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms will not constitute a waiver of such right or provision.
- Governing Law and Jurisdiction: These Terms will be governed by and interpreted and construed in accordance with the laws of India. The courts in Pune will have exclusive jurisdiction to try any disputes or suit arising out of these Terms.
- General: If You have any questions, complaints or claims with respect to the Services or Website, you may contact firstname.lastname@example.org.
22. DND Disclaimer
I hereby authorize and give consent to Tork Motors Pvt. Ltd. to send me, either through itself or through any third-party service provider, from time to time various information / alerts / SMS / other messages or calls or commercial communication, and other services on the aforesaid listed telephone numbers, whether these numbers are registered with National Do Not Call Registry/ listed in National Customer Preference Register or not. I also confirm that by sending any of such messages/calls, I will not hold Tork Motors and its third-party service provider liable / institute complaint under the Telecom Commercial Communications Customer Preference (TRAI) Regulations, 2010 or such other applicable regulations including any amendment thereof, as may be applicable from time to time. It will be auto renewed every month and if you want to stop this service please write an email to email@example.com
Tork Motors Private Limited (“Company”), and/or its respective suppliers, associates, affiliates hereby disclaim all warranties and conditions with regard to the information, Products, available and presented on the Website including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The information about Products available on the Website is provided on as-is basis without warranty of any kind and may have inaccuracies or typographical errors.
CAPITALIZED TERMS OTHER THAN THE ONES NOT DEFINED IN THESE TERMS, SHALL HAVE THE SAME MEANING ASCRIBED TO THEM IN THE WEBSITE TERMS.
Company and/or its respective suppliers, affiliates, associates, representatives make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, Products available or listed on the Website for any purpose. In no event will the Company be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including without limitation, damages for loss of use arising out of or in any way connected with the use or performance of the Website, with the delay or inability to use the Website related services, the provision or failure to provide services, or for any information, Products and related graphics obtained through the Website, or otherwise arising out of the use of the Website, whether based on contract, tort, negligence, strict liability or otherwise, even if Company or any of its suppliers/affiliates has been advised of the possibility of damages. If you are dissatisfied with any portion of the Website or with any of the Website Terms your sole and exclusive remedy is to discontinue using the Website.
The content available on the Website is the sole property of Company or its advertisers, suppliers or licensors and is protected by patent, copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Company owned content received through the Website may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by Company advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Website to anyone, including but not limited to others in the same company or organization without Company express prior written consent.
Products shown in picture may vary from actual product available in market. The technical specifications and design of the Product shown may vary according to the requirements and conditions and are subject to change without any notice. Accessories (if any) shown in the picture of the Product are not a part of the standard equipment. Before purchasing Products, you’ve read about on Website, you should confirm with our Authorised Dealer about any information that is important to your purchasing decision. Company is not responsible for, and does not guarantee the performance of, any such Products or services.
Website may collect information from web site visitors that is not personally identifiable, including the visitor’s operating system, browser, domain name, and the specific web pages on the Website that are accessed or visited. Company only collects this information in the aggregate, and only uses it to improve Website.
You acknowledge that Company may form partnerships or alliances with some of its vendors from time to time in order to facilitate the provision of various Products and/or services to you on its site. However, you acknowledge and agree that at no time is Company making any representation or warranty regarding any third party’s products or services, nor will the Company be liable to you or any third party for any claims arising from or in connection with such third-party products and services. You hereby disclaim and waive any rights and claims you may have against Company with respect to any third-party products and services, whether available on the Website or otherwise, to the maximum extent permitted by law.