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.
“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.
By using the Website, the User represents that the User has reached the age of “majority” as per the Applicable Laws of the jurisdiction where the User resides or is not under the age of 18 (Eighteen) years. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including undischarged insolvents and persons of unsound mind, are not eligible to use the Website.
Erisha EV reserves the right to terminate the User’s Erisha EV Account and / or refuse to provide such person with access to the Website if it is brought to Erisha EV’s notice or if it is discovered that such User is not eligible to use the Website.
ACCEPTANCE OF TERMS
These Terms will apply to the User for accessing, registering, browsing, transacting or otherwise using the Website indicates the User’s agreement and acceptance to all the Terms. By impliedly or expressly accepting this Terms, the User also accepts and agrees to be bound by:
any product disclaimers or other restrictions presented to the User on the Website; and
the respective agreements entered into between the User and Erisha EV comprising of the term and conditions governing their relationship in addition to these Terms.
By mere use of the Website, the User shall be contracting with Erisha EV and this Terms including the Third Party Policies, as applicable, constitute the User’s binding obligations with Erisha EV.
This Terms shall be binding upon and accustom to the benefit of the User.
By placing a booking with us, you express your intention to purchase the Vehicle selected by you on the ‘Book Now’ section of the Platform and agree to be bound by these Terms. Your purchase of the Vehicle and delivery by us of the Vehicle will be subject to your compliance with Erisha EV Policies and Applicable Laws, regulations and guidelines. Successful booking of the Vehicles is subject to availability of the chosen Vehicle.-.
PAYMENT OF BOOKING AMOUNT
For online booking of Vehicles, you are required to pay a booking amount of Rs. 2100/- through the link provided on the Platform (“Booking Amount”). This shall be a non-interest bearing amount and will confirm your booking of the selected Vehicle upon success of the transaction. The acceptance of payment of Booking Amount on behalf of Erisha EV is undertaken by Third Party payment gateways like Razorpay, Paytm etc. Erisha EV shall not be responsible for payment issues in respect of online booking through any Third Party payment gateways.
The payment of the Booking Amount to us shall be construed as an offer from your end to purchase the selected Vehicle and shall be adjusted against payment of the Sale Price(as defined hereinafter)of the Vehicle by you. Upon the receipt of the amount in the Bank Account of Erisha EV, we shall communicate the acceptance of the booking via SMS/email to you. However, the acceptance of the booking will not be construed as completion of the purchase of the Vehicle as it is subject to the payment of balance amount by you, documentation requirements and the Purchase Terms (as defined hereinafter).You agree that Erisha EV shall not be deemed to have accepted the booking or be bound by the booking until Erisha EV notifies you of its acceptance of the booking via SMS/email.
You will receive a payment confirmation for booking of the selected Vehicle via SMS/email from us. You can also share your transaction ID with us to view the status of the booking payment. You will be contacted by Erisha EV to complete the invoicing process on the contact details provided by you during the booking process.
PRICE OF THE VEHICLE
The price displayed of the Vehicle, if any, on the Platform is only the ex-showroom price of the Vehicle. The on-road price is subject to road tax, insurance, accessories charges,etc. The “SalePrice” of the Vehicle is the prevailing price as applicable on the date of intimation regarding final Vehicle payment. The balance Sale Price (i.e. balance sale consideration) payable after deduction of the Booking Amount shall be paid directly at the dealer point as notified by Erisha EV upon successful booking of the Vehicle.
The ex-showroom price is indicative and may vary at the time of purchase of the Vehicle. The ex-showroom price is not inclusive of all applicable taxes. Additional accessories for the Vehicles will need to be purchased at the showroom.
The on-road price includes insurance, registration and road tax. This has to be paid by the User at the showroom. You may request for receipts for the same from the showroom upon payment of the Sale Price.
AVAILING FINANCE FOR VEHICLES
Erisha EVprovides the option of financing the Vehicles through a financier to the customers by availing a loan facility. If you apply for financing the Vehicle under a loan facility with a financier (i.e., bank or NBFC) you will be governed by the terms and conditions of the said financier. Please refer to these terms and conditions of the financier before proceeding.
All information required from you for the purpose of availing the loan facility will be collected as per the requirements of the financier.
Erisha EV shall not be responsible for any actions or omissions of the financier.
Additional charges for availing the EMI may be levied by the financier as per their policy. Please check the terms and conditions of your selected financier for details. Subsidy given is only on the interest component and not on the additional charges levied by bank like PF, interest on moratorium and GST.
Any additional terms and conditions, including conversion to the EMI, may be applied through the financier. Erisha EV will not have any involvement in the same.
In case of any issues/clarifications regarding the loan, kindly connect directly with your selected financier. Erisha EV will not have any involvement in the same.
Erisha EV reserves the right to discontinue any offer with respect to availing the financing facility at any time without giving any prior notice.
No changes will be entertained by Erisha EV / the financier once you opt for availing the loan facility for purchase of the Vehicle.
This loan facility is applicable only for ex-showroom price of Vehicles and for the balance amount including the RTO / Insurance costs etc., Erisha EV will contact you.
Upon receipt of the full consideration amount towards the Sale Price in our Bank Account for the Vehicle selected by you and completion of all documentation requirements, we will communicate the estimated delivery period for your Vehicle and will make all commercially reasonable efforts to deliver the Vehicle within the specified delivery period notified by us.
Delivery of the vehicle will be on First Come First serve basis, subject to the payment of full amount of consideration of the vehicle. The Delivery of the vehicles will be offered from November, 2022 onwards.
Any change or delay in the delivery period will be notified to you by us. Erisha EV will not be liable for any claims, damages, losses, costs or expenses incurred/suffered by you due to the delay in delivery of the Vehicle by us. However, in the event of any delays, you may cancel and claim a refund of your Booking Amount in accordance with these Terms.
Upon payment of the Booking Amount, you may request for cancellation of booking of the Vehicle for any reason. If the cancellation request is approved by Erisha EV, the entire Booking Amount will be refunded to you within 60 days from the date of cancellation. The money will be refunded to the same source from which you had made the payment of the Booking Amount. Erisha EV does not process payments directly and refunds can take up to 1 month or more to reflect in your bank account depending upon the payment provider.
You will only be eligible for cancellation of the booking and refund of the Booking Amount before the payment of Sale Price of the selected Vehicle is made by you.
Please note that once the full payment of the Sale Price of the Vehicle has been made, the sale shall be deemed as complete, and cancellation or claim for any refund amount will not be possible
All cancellation requests must be made through the option available on the Platform or sent by the Users on – Customercare@erishaev.com
ASSIGNMENT OR TRANSFER
You acknowledge and agree that your booking is for the purpose of purchase of a Vehicle only by you and you may not transfer or assign rights granted to you under these Terms to any Third Party.
COLLECTION OF INFORMATION
We may require certain information and documents from you for processing your booking, complying with statutory requirements, and/or conducting a site inspection for installation of the Vehicle charging station. You represent and warrant that all such information and documents will be true, complete and accurate. You will promptly notify us of any change in the information provided to allow us to update our records.
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.
Termination or expiration of these Terms, in part or in whole, shall not limit Erisha EV from pursuing other remedies available to it, nor shall Erisha EV be liable to the User for any damages resulting solely from termination as permitted herein.
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.
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.
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