This document is an electronic record in terms of Information Technology Act, 2000 and rules therein under as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures to make the terms of this policy binding.
PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.
A. Acceptance of Terms
All references to “You” or “Your”, as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner.
B. Accessibility and use of Website
1. LICENSE TO ACCESS
2. ADDITIONAL POLICIES
C. Rules for Service Users
1. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with the use of Website or purchase of KWH EV, we, in our sole discretion, may temporarily/indefinitely terminate or suspend or block or refuse to provide access of the Website to Service User.
2. ADDITIONAL RULES
Transaction means every electronically generated valid purchase order placed by the Buyer for purchasing the items listed by the Seller on the Website. Transaction Price means the price to be paid for the items to be purchased by the buyer for every Transaction and which price shall include, if applicable, the shipping charges, insurance charges and all other taxes, duties, costs, charges and expenses in respect thereof as charged by the Seller.
- As a Buyer, you understand and accept that upon initiating a Transaction on the Website, you are entering into a legally binding and enforceable contract with the Seller to purchase the items from the Seller using either Payment on Billing or Payment on Delivery as the method of payment to pay the cost of the product which shall be paid to the Seller through your Issuing Bank (except in case of cash payments). No interest or any benefits whatsoever is given to or can be claimed by the Buyer on the Transaction Price collected by the Company through and of the prescribed payment methods.
- You may agree with the Seller on the commercial terms of the Transaction including terms of Dispatch and Delivery time or any extension thereof by way of exchange of electronic records/ electronic communication by using the features as may be provided on the Website and the Transaction shall stand amended to such extent, provided that any such variation of the terms of the Transaction are not in violation of this Agreement and the rules and policies made there under.
- Payment Method: You shall pay the Transaction Price through the available methods of payment i.e. Payment on Billing or Payment on Delivery, for the Transactions conducted on the Website. You will be intimated when (i) the Transaction Price is credited to the account of the Company (in case of Payment on Billing) or (ii) on committing to pay the Transaction Price on Delivery if you opt for Payment on Delivery payment method, which will be confirmed by the Website. The Website shall notify the Buyer upon Payment Confirmation as provided herein.
- Non-payment: In order to buy any product according to its description on the Website, a buyer is required to make a payment for the Transaction Price by choosing a Payment On Billing option or to use other payment methods offered by the Company on the Website.
- Contact Information: The contact details provided by you on the Website shall be accurate and current at all times and you shall be obliged to update any change in your contact information on the Website immediately. The Company takes no responsibility for any delay/ non delivery of the goods on account of failure of the Service User to update the contact information provided on the Website and any consequent negative feedback by the Buyer will be deleted or modified.
- Limit on volume of Transactions: The Company reserves the right to limit the amount payable and the volume of the Transaction that may be conducted on a single Valid Card/ Valid Bank Account by a Buyer and may refuse to process Transactions exceeding such limits and may also block certain Valid Cards or Valid Bank Accounts that are suspected to be misused while paying the Transaction Price.
- Verification of payment: To prevent any misuse, a payment (in whichever method) of the Transaction Price initiated by the Buyer may be flagged or kept on hold for additional checks and verification in which case the Company may contact the buyer for verification of or additional information, details, data and documents. The Company may not confirm the payment if such information, details, data and documents are false, misleading, incorrect or incomplete and consequently the Valid Card and/or the Valid Bank Account will not be charged. In such case, the Dispatch timelines will not commence until Payment Confirmation. The result of the checks and verification shall be communicated to the buyer and seller.
- The Company reserves the right to refuse to process Transaction Price in respect of Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by Buyer with the Company or breach/ violation of any applicable law or any charges imposed by the Issuing Bank.
- Payment Confirmation: In case of payment by Payment on Billing, upon successful receipt of the Transaction Price by the Company from the Buyer within 3 days of booking the Transaction and completion of verification of payment in accordance with the clause above, the Company shall notify the Buyer and the Seller that the Transaction Price has been received. In case of Payment on Delivery, the Company shall notify the Buyer that the Buyer has committed to pay the Transaction Price by Payment on Delivery.
- Dispatch Details: The Seller shall provide the Dispatch Details on the Website within 30 days from the order confirmation or within such timelines as may be agreed upon between the Buyer and the Seller on the Website. If the Seller fails to enter the Dispatch Details on the Website within such prescribed time, then the Buyer may in its sole discretion cancel the Transaction and request for refund of the Transaction Price (if paid) to the Seller by the Buyer.
- Delivery: The time within which the Seller or the Company is required to ensure Delivery of the items to the Buyer shall be calculated from the time the Seller/Company enters the Dispatch Details on the Website i.e. within 10 days from entering the Dispatch Details for delivery within India or such other timeline as may have been agreed upon between the Buyer and Seller and intimated on the Website.
If you fail to receive an item shipped to you on account of providing inadequate or inaccurate shipping address or your non-availability at the address provided or failure to make requisite payment at the time of delivery, the Transaction will be cancelled and the item will be returned to the Seller and the Seller will be entitled to recover reasonable compensation for services provided and costs incurred for shipping, handling, couriering, processing your order and any other services provided to you.
All payments for refund of the Transaction Price shall be as follows and in accordance with the provisions contained herein and applicable laws in India, particularly the directions issued by the Reserve Bank of India from time to time for opening and operation of accounts and settlement of payments for electronic payment transactions involving intermediaries.
D. Limitation of our Liability
You hereby release KWH Motors, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between You and the Company.
E. Force Majeure
We shall not be liable for delayed or interrupted use of our Website or any failure to perform any obligations under this Terms ofUse due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, pandemic, epidemic, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.
F. Copyright Infringement Take DownProcedure
KWH Motors has high regards for intellectual property and expects the same level of standard to be employed by its users. KWH Motors may, in appropriate circumstances and at its discretion, temporarily/indefinitely terminate or suspend or block or refuse to provide access to the Website of users who infringe upon the intellectual property rights of others.
If You believe that Your work has been copied and posted on the Website in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to Us at email@example.com.
(i) identification of the copyrighted and/or trademarked work claimed to have been infringed, or,
(ii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit KWH Motors to locate the material;
(iii) a written statement that You have a good faith belief that the disputed use is not authorised by the copyright and/or trademark owner, its agent, or the law;
(iv) information reasonably sufficient to permit KWH Motors to contact You as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which You may be contacted;
(v) an electronic or physical signature of the person authorised to act on behalf of the owner of an exclusive interest that is allegedly infringed; and
(vi) a statement by You, made under penalty of perjury, that the information in Your report is accurate and that You are the owner of the exclusive right or authorised to act on the behalf of the owner of the exclusive right. A statement by You comprised of the foregoing points is referred to herein as the “Notice”.
G. Modifications to or Termination of Website
KWH Motors reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website(or any part thereof) with or without notice and in its sole discretion. You agree that KWH Motors shall not be liable to You or to any third party for any modification, suspension or discontinuance of KWH EV.
H. Intellectual Property Rights
1. KWH MOTORS OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE WEBSITE
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by KWH Motors.
Data on the Website is provided to You as is for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. KWH Motors reserves all rights not expressly granted in and to the Website and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of content obtained through the Website for any commercial purposes. If You download or print a copy of the Data for personal use. You must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Website or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Website or the Data therein.
2. KWH MOTORS’ LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Website may also contain Data of other users or licensors, which You shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
I. Governing Law
You may contact KWH Motors via email at firstname.lastname@example.org or by sending a registered post at Our official address at:
KWH Motors Private Limited: 6/5 1st Floor, 6th Cross Rd, 5th Block, Rajajinagar, Bengaluru, Karnataka 560010, India
K. General Information
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
3. SECTION HEADINGS