These Terms and Conditions (“Terms”) are published by Erisha E Mobility -Private Limited bearing CIN: U34300DL2022PTC396742, a company having its registered office at UNIT NO. 403A, 4TH FLOOR, COPIA CORPORATE SUITES, PLOT NO 9, JASOLA NEW DELHI 110025 INDIA (hereinafter referred to as “Erisha EV”, “we” or “us” or “our”) and its affiliates and subsidiaries.
The User (as defined below) shall be deemed to have accepted these Terms on continuing to use the Website (as defined below). Upon such confirmation, these Terms come into effect and be held to be a valid agreement between Erisha EV and the User. For the purpose of these Terms, wherever the context so requires, the words “you” or “your” or “User” as used herein, refer to all the individuals and-the entities browsing, accessing or using this Platform -for placing-order of any Vehicle or for any other reason whatsoever. BY USING THIS PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS & CONDITIONS; REPRESENT THAT YOU ARE EQUAL OR ABOVE-REQUIRED LEGAL AGE IN YOUR JURISDICTION; AND HAVE ACCEPTED THESE TERMS & AGREE TO BE LEGALLY BOUND BY THEM. DEFINITIONS “Applicable Laws” shall include all laws, statutes, ordinance, regulations, guidelines, policies, and other pronouncements having the effect of law of all or any applicable jurisdictions by state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or board or such other body which has the force of law within the territory of India. “Data Protection Law” shall mean any data protection, data security or privacy law, including, without limitation, the Information Technology Act, 2000- and any laws governing Personal Data (as defined hereinafter), Sensitive Personal Data (as defined hereinafter) or information outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws. “Government-Authority” shall mean any government authority, statutory authority, regulatory authority, government -, agency, commission, board, tribunal or court -rule or regulation making -authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof. “Bank Account” shall mean the bank account details of Erisha EV -for making payments - “Content” shall include without limitation, data text, written posts, comments, software, scripts, interactive features generated, graphics, images, photos, documents, audio, video, location data, nearby places and all other forms of information or data provided by Erisha EV.
“Intellectual Property Rights” or “IP Rights” include: (i) all rights, title, and interest under any statute or under Applicable Law including patent rights; copyrights including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (ii) any licenses, permissions and grants in connection therewith; (iii) applications for any of the foregoing and the right to apply for them in any part of the world; (iv) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (v) all extensions and renewals thereof; and (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same. “Intellectual Property” or “IP” includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments. “Misuse” shall mean any act of the User that is inconsistent with the spirit of these Terms even if it is something that is not expressly or impliedly forbidden by the letter of these Terms. “Party” refers individually to each of you and Erisha EV and “Parties” refer to both you and Erisha EV jointly. “Loss” shall mean all direct losses, damages, liabilities, costs (including legal fees), expenses, charges, interest, penalty, claims, arbitration, proceedings, suits and all sums paid in relation to any compromise or settlement of any claim, arbitration, suit or proceeding. “Personal Data” shall mean any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses,-or similar terms under other Data Protection Law. For the avoidance of doubt, Personal Data includes (without limitation) Personal Identification Information. “Sensitive Personal Data or Information” with respect to a person means such personal information which consists of information relating to: any detail relating to the above clauses as provided to body corporate for providing service; and any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise. biometric information; financial information such as bank account or credit card or debit card or other payment instrument details; medical records and history; password; physical, physiological and mental health condition; and sexual orientation. “Platform” means our website accessible at www.erishaev.com (and any related pages) and/or the or such website or mobile application powered by Erisha EV and made available to Users by us. It does not include any website or mobile application owned or operated by a Third-Party that may be accessed from any page on websites or mobile applications powered by Erisha EV. “User Content” shall mean any content such as text, photos, audio, video, or other materials and information, created, uploaded, posted, sent, received, and stored on or through the Platform by the User. “Third Party” shall mean a party which is not a signatory to these Terms. “Vehicle” shall mean the 3-wheeler electric commercial & Passenger vehicles owned by Erisha EV and listed on the Platform for the purpose of booking by the Users.
TERMS FOR PURCHASE These Terms are applicable to the booking of the Vehicle. You acknowledge that purchase of Vehicle will be subject to such additional terms and conditions as may be prescribed by us including without limitation, the Erisha EV General Terms and Conditions (collectively, the “Purchase Terms”). Such Purchase Terms are subject to change, and we recommend that you carefully read and understand all the prescribed Purchase Terms before proceeding with the purchase of the Vehicle and making the full payment. INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS All material of, or contained on the Website, including but not limited to text, design, graphics, interfaces, artworks or computer code(s) and the selection, structure, co-ordination, expression, the look, feel and arrangements of the content on the Website (hereinafter referred to as “Materials“), images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights are properties either owned by or licenced to Erisha EV. The names including website are owned by or licensed to Erisha EV and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Erisha EV its affiliates, its partners, or its suppliers. The use of the Materials or any other content on this Website, except as provided in these Terms, is strictly prohibited. The User must not sell or modify the content of this Website or copy, reproduce, display, publicly perform, republish, upload, post, transmit, distribute, or otherwise use such material in any way, including by email or other electronic means and whether directly or indirectly and also, the User must not assist any other person to do so, for any public or commercial purpose. A single copy of the Materials may be downloaded or otherwise copied from this Website for your own personal, non-commercial use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission, or distribution of any part of this Website in any way is strictly prohibited. Except as provided herein, no license or right, express, or implied, is granted to any person under any intellectual property right. Modification of the Materials or use of the Materials for any other purpose is a violation of copyright and other proprietary rights of Erisha EV.
LIMITATION OF LIABILITY IN NO EVENT SHALL ERISHA EV, ITS AFFILIATES, GROUP COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE TO THE USER FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS, INCLUDING ANY THAT MAY RESULT FROM (I) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (II) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF ERISHA EV’S SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (V) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS WEBSITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS WEBSITE, (VI) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF THIS WEBSITE OR THE SERVICES FOUND AT THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ERISHA EV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding anything contained in this Terms or elsewhere, ERISHA EV shall not be held responsible for any loss, damage, or misuse of the User’s Personal Information, if such loss, damage, or misuse is attributable to a Force Majeure Event. For the purposes of this Terms, a “Force Majeure Event” shall mean any event that is beyond the reasonable control of ERISHA EV and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, epidemic, pandemic, civil commotion, strikes, lockouts or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of ERISHA EV and which ERISHA EV is not able to overcome. Subject to the above and notwithstanding anything to the contrary contained in these Terms, the maximum aggregate liability (whether in contract, tort (including negligence) or equity) of ERISHA EV vis-à-vis any User, regardless of the form of claim, be INR 100/- (Rupees One Hundred only). The foregoing limitations of liability will apply to the fullest extent permitted by law, notwithstanding the failure of essential purpose of any limited remedy herein and shall survive any termination or expiration of this Terms or User’s use of this Website as provided by ERISHA EV. DISCLAIMERS 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, we reserve the right to modify or alter the specifications, features and/or design of the Vehicle without prior notice and any liability. Erisha EV and its licensors and affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of the Platform, Vehicles or the information, Content or materials included on the Platform. Erisha EV and its licensors and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Erisha EV is not responsible for the conduct of any User of Platform. Erisha EV does not warrant or covenant that our Platform will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the access to the Platform is free of viruses or other potentially harmful components. any material or Content downloaded or otherwise obtained through the use of the Platform is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. no advice or information, whether oral or written, obtained by any user from the Platform, shall create any warranty not expressly stated herein. Erisha EV shall not be responsible for the delay or inability to use the Platform, the delay in delivery of Vehicles, or for any information, software, and related graphics obtained through the Platform or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Erisha EV shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Erisha EV’s control. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by Applicable Law. Whilst we will use reasonable commercial efforts to ensure that all your submitted Personal Data is accurately captured, extracted and/or entered into our system, we do not warrant that this process or that any reports and/or analysis generated by the Platform will be 100% error free. You are responsible for reviewing and verifying all such reports and/or analysis and promptly informing us of any errors noted in writing. Subject to that,we will take steps to investigate and rectify any confirmed errors as soon as reasonably practicable following receipt of your notification. GOVERNING LAW AND JURISDICTION The Terms shall be governed by and interpreted and construed in accordance with the laws of India. Jurisdiction for Dispute Resolution Any dispute or disagreement arising out of these Terms including but not limited to issues relating to the rights and liabilities of both the Users and/or Erisha EV, interpretation of these Terms, and all such other issues arising out of these Terms shall be subject to the jurisdiction of the courts at New Delhi. CONTACT US We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform (“Feedback”). You may submit Feedback by writing to us at -email@example.com, firstname.lastname@example.org