TERMS OF USE

 

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

The legal terms and conditions set forth below (“Terms of Use” or this “Agreement”) and the Privacy Policy constitute a legally-binding agreement between KWH Motors PrivateLimited (the “Company” or “KWH Motors”) (“Seller”, “We”, “Our” or “Us”), and any user of this website including Service User (as defined hereunder) (“You” or “Your”). These Terms of Use contain provisions that define Your limits, legal rights and obligations with respect to Your use of and participation in (i) the KWH Motors website, including the classified advertisements, forums, various email functions and Internet links, and all content and KWH Motors services available through the domain and sub-domains of  KWH Motors located at www.kwhbikes.com (collectively referred to herein as the “Website”), and (ii) the browsing on the website, including but not limited to, selling of electric two wheeler (hereinafter referred to as “KWH EV”), and any other related services in accordance with this Agreement, offered to those users of theWebsite who are using services, (each a “Service User”) through the Website (such services, collectively, the “Services”). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Website, including users who are also contributors of information, private and public messages, advertisements, and other materials or Services on the Website.

 

You acknowledge that the Website serves as a platform for agreeing upon Services between Company and Service Users, and by using, visiting and/or otherwise participating in this Website, including the KWH EV presented, promoted, and displayed on the Website, and by accessing this Website, You hereby certify that: (1) You are a Service User, (2) You have the authority to enter into these Terms of Use, and (3) You agree to be bound by all terms and conditions of these Terms of Use. If You DO NOT AGREE to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Website immediately.

 

All references to “You” or “Your”, as applicable, mean the person that accesses, uses, and/or participates in the Website in any manner.

 

YOUR ACCEPTANCE TO THESE TERMS OF USE SHALL BE A BINDING AGREEMENT BETWEEN YOU AND KWH MOTORS IN RESPECT OF USE OF THIS WEBSITE. 

 

1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY

KWH Motors reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and KWHMotors will post notice of the changes and the amended Terms of Use at the domain of  www.kwhbikes.com . It is Your responsibility to review the Terms ofUse for any changes and You are encouraged to check the Terms of Use frequently. Your use of the Website following any amendment of the Terms of Use will signify Your assent to and acceptance of any revised Terms of Use. If You do not agree to abide by these or any future Terms of Use, please do not use or access the Website.

 

2. PRIVACY POLICY 

KWH Motors has a comprehensive Privacy Policy that explains to its users how their information is collected and used. The PrivacyPolicy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Website is governed by the Privacy Policy.
The Privacy Policy is located at: www.kwhbikes.com/privacy-policy.

 

B. Accessibility and use of Website

 

1. LICENSE TO ACCESS

 

KWH Motors hereby grants You a non-exclusive, revocable license to use the Website as set forth in the Terms of Use; provided, however, that (i) You consent that You are above the age of 18 years; (ii) You will not copy, distribute, or make derivative works of the Website in any medium without KWH Motors’ prior written consent; (iii) You will not alter or modify any part of the Website other than as may be as may permitted by the KWH Motors and are reasonably necessary to use the Website for its intended purposes; and (iv) You will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.

 

2. ADDITIONAL POLICIES

 

Your access to and use of the Website is subject to the Terms of Use and all applicable KWH Motors regulations, guidelines and additional policies that KWH Motors may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that KWH Motors publishes on the Website (the “Additional Policies”). You hereby agree to comply with theAdditional Policies and Your obligations thereunder at all times. You hereby acknowledge and agree that if You fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the AdditionalPolicies, KWH Motors, in its sole discretion, may take action against You at any time without prior notice to You as well as initiate appropriate legal proceedings, if necessary. Any changes to the Terms of Use policies will be updated on the Website and We assume that You regularly read these Terms of Use and agree with the changes made by Us.

 

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  innovation@kwhbikes.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”.
 
Only the intellectual property rights owner is permitted to report potentially infringing items through KWH Motors’ reporting system set forth above. If You are not the intellectual property rights owner, You should contact the intellectual property rights owner and they can choose whether to use the procedures set forth in these Terms of Use.

 

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 contains KWH Motors’ Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and KWH Motors owns and retains all rights in the KWH Motors Data and Marks. Subject to these Terms of Use, KWH Motors hereby grants You a limited, revocable, non-transferable, non-sub licensable license to reproduce and display the KWH Motors Data (excluding any software source code) solely forYour personal use in connection with accessing and participating in theWebsite.
 
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

 

All matters arising out of this Terms of Use shall be subject to the exclusive jurisdiction of the court in Bengaluru.

 

J. Notice

 

You agree that KWH Motors may provide You with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on theWebsite.
You may contact KWH Motors via email at innovation@kwhbikes.com 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

 

1. ENTIRE TERMS OF USE

 

The Terms of Use, the Privacy Policy and any other legal notices or Additional Policies published by KWH Motors on the Website, shall constitute the entire agreement between You and KWH Motors concerning the Website. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
 
No waiver of any provision of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and KWH Motors’ failure to assert any right or provision under these Terms ofUse shall not constitute a waiver of such right or provision.

 

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

 

The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.

 

These Terms of Use were most recently updated on September 10, 2021.