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Terms & Conditions

These Terms and Conditions (“Terms”) of online bookingare executed between the User (as defined hereinafter) and Euler Motors Private Limited,a company having its registered office address at B-99, PanchsheelVihar, New Delhi 110017 (hereinafter referred to as “Euler Motors”, “we” or “us” or “our”) and its affiliates and subsidiaries andapplies to the booking of Vehicles (as defined hereinafter) listed on the ‘Book Online’ section.

For the purpose of these Terms, wherever the context so requires, the words “you” or “your” or “User” used herein, refer to all individuals and/or entities browsing, accessing or using the Platform (as defined hereinafter)to place the booking of any Vehicle or for any other reason.

These Terms constitute a binding agreement between you and Euler Motors and its affiliates and subsidiaries. By accessing or using our Platform and/or bookingVehicles through the Platform, you understand and agree to be boundbytheseTerms. The Terms, Privacy Policy, Purchase Terms (as defined hereinafter)shall be collectively referred to as “Euler Motors Policies”, including any modifications or amendments made thereto by Euler Motors from time to time, at its sole discretion. If you do not agree to these Euler Motor Policies,you are notauthorized to access our Platform and/or book Vehicles on the Platform.

By accepting these Terms,you represent that you have the capacity to enter into or, if you are acting on behalf of an entity, that you have the authority to bind such entity to a legally binding contract, and you agree that these Terms legally bind you or the entity on behalf of which you purport to act, in the same manner as a signed, written, papercontract. These Terms constitute an electronic record within the meaning of the Applicable Law (as defined hereinafter). This electronic record is generated by a computer system and does not require any physical or digital signatures. Accessing, browsing and/or using the Platform or using any of the information provided therein shall be deemed to signify the User’s unequivocal acceptance of these Terms. The User expressly acknowledges and agrees to be bound by the Terms, regardless of however the User or anyone on the User’s behalf has accessed, installed, downloaded, or used the Platform andwhether or not the User has registered on the Platform.

BY ACCESSING OR USING THE PLATFORM, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE, OR THE REQUIRED LEGAL AGE IN YOUR JURISDICTION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM.

DEFINITIONS

“Applicable Laws” shall mean any and all: (i) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (ii) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.

“Bank Account” shall mean the bank account details of Euler Motors displayed on the Platform for making payment of the Booking Amount (as defined hereinafter).

“Confidential Information” shall have the meaning ascribed to it in Clause 15 of these Terms.

“Content” shall mean all information that is created, uploaded, posted and stored on the Platform by Euler Motors such as text, photos, audio, video, or other materials and information, including the details of the Vehicles and includes any other information made available by Euler Motors on or through the Platform including proprietary content and any content licensed or authorized for use by or through Euler Motors from a Third Party (as defined hereinafter).

“Data Protection Law” shall mean any data protection, data security or privacy law, including, without limitation, the Information Technology Act, 2000, the EU General Data Protection Regulation 2016/679 (the "GDPR"), 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.

“Governmental Authority” shall mean any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ 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.

“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.

“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.

“Misuse” or “Abuse” 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.

“Parties” refer to both you and Euler Motors jointly.

“Party” refers individually to each of you and Euler Motors.

“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, and includes any data that constitutes "personal data" under the GDPR or similar terms under other Data Protection Law. For the avoidance of doubt, Personal Data includes (without limitation) Personal Identification Information.

“Personal Identification Information” shall mean your name, address, identification number, phone number, and includes any other information by which you may be personally identified.

“Platform” means our website accessible at www.eulermotors.com (and any related pages) and/or the or such website or mobile application powered by Euler Motors 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 Euler Motors.

“Sensitive Personal Data or Information” with respect to a person means such personal information which consists of information relating to:

  1. any detail relating to the above clauses as provided to body corporate for providing service; and
  2. any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
  3. biometric information;
  4. financial information such as bank account or credit card or debit card or other payment instrument details;
  5. medical records and history;
  6. password;
  7. physical, physiological and mental health condition; and
  8. sexual orientation.

“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 light electric commercial vehicles owned by Euler Motors and listed on the Platform for the purpose of booking by the Users.

  1. ELIGIBILITY

  1. By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or User Content or simply by browsing, accessing or making any use of the Platform you: (i) accept the Terms and agree to be bound by each of its terms, and (ii) represent and warrant to Euler Motors that: (a) these Terms are binding and enforceable against you; (b) to the extent an individual is accepting these Terms on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity; and (c) you have read and understand our Euler Motor Policies, the terms of which are incorporated herein by reference, and agree to abide by the Euler Motors Policies. These Terms are made between you and us and shall come into effect on the date which you access and/or download the Platform and shall continue unless and until terminated by us or you.

  1. In the event that the User or anyone acting on the User’s behalf does not wish to be bound by the Terms, the User (or the legal person/entity acting on the User’s behalf) unequivocally agrees to refrain from accessing, using or retaining the Platform on any device in any manner whatsoever. The User agrees that anything done or caused to be done by the User or anyone acting on the User’s behalf, whether expressly or impliedly that is in contravention of the Terms will render the User liable for legal and punitive action.

  1. While individuals under the age of 18 (eighteen) may utilize/browse the Platform, they shall do so only with the involvement, guidance, and supervision of their parents and/or legal guardians. Euler Motors reserves the right to terminate your access and refuse to provide you with access to the Platform if Euler Motors discovers that you are under the age of 18 (eighteen) years or the required legal age in your jurisdiction. You further represent and warrant that you are not under any legal or other deficiency which prevents/may prevent you from: (i) entering into a valid contract under the Applicable Laws; and (ii) making valid payment to Euler Motors for the Vehicle booked by you.

  1. You are responsible for, and agree to comply with, all laws, rules, and regulations applicable to your use of the Platform and any transaction you enter into on the Platform or in connection with your use of the Platform.

  1. ACCEPTANCE OF TERMS

These Terms form an electronic contract that establishes legally binding terms that the User must accept to book the Vehicles through the Platform. These Terms include by reference other terms disclosed and agreed to by the User in the event the User registers for, purchases, or accepts additional features, products or services in addition to booking the Vehicles, including but not limited to terms governing features, billing, discounts, promotions,etc.

  1. BOOKING

  1. By placing a booking with us, you express your intention to purchase the Vehicle selected by you  on the ‘Book Online’ 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 Euler Motors Policies and Applicable Laws, regulations and guidelines. Successful booking of the Vehicles is subject to availability of the chosen Vehicle at our showroom.

  1. PAYMENT OFBOOKING AMOUNT

  1. For online booking of Vehicles, you are required to pay a booking amount of Rs. 999/-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 Euler Motors is undertaken by a Third Party payment gateway. Euler Motors shall not be responsible for payment issues in respect of online booking through anyThird Party payment gateway.

  1. 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 Euler Motors, 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 purchaseof 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 Euler Motors shall not be deemed to have accepted the booking or be bound by the booking until Euler Motors notifies you of its acceptance of the booking via SMS/email.

  1. 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 Euler Motors to complete the invoicing processon the contact details provided by you during the booking process.

  1. PRICE OF THE VEHICLE

  1. 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, accessories charges and etc. The  “SalePrice” of the Vehicleis 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 showroom or delivery point as notified by Euler Motorsupon successful booking of the Vehicle.

  1. The ex-showroom price is indicative and may vary at the time of purchase of the Vehicle. The ex-showroom price is inclusive of all applicable taxes. Additional accessories for the Vehicles will need to be purchased at the showroom.

  1. 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.

  1. AVAILING FINANCE FOR VEHICLES

  1. Euler Motors provides the option of financing the Vehicles through a financier to the customers by availing a loan facility. Ifyou 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 theseterms and conditions of the financier before proceeding.

  1. All informationrequired from you for the purpose of availing the loan facilitywill be collected as per the requirements of the financier.

  1. All documents and information provided to us will be passed on to the financier and will not be stored by Euler Motors.

  1. Euler Motors shallnot be responsible for any actions or omissionsof the financier.

  1. Additional charges for availing the EMI may be levied by the financieras 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.

  1. Any additional terms and conditions, including conversion to the EMI, may be applied by the financier. Euler Motors shall not beinvolvedwith the particulars of the loan facility availed for the Vehicle.

  1. In case of any issues/clarifications regarding the loan, kindly connect directly with your selected financier. Euler Motors will not have any involvement in the same.

  1. Euler Motors reserves the right to discontinue any offer with respect to availing the financing facility at any time without giving any prior notice to you.

  1. Once you opt for availing the loan facility for purchase of the Vehicle, no changes will be entertained by Euler Motors/ the financier.

  1. Thisloan facilityis applicable only for ex-showroom price of Vehicles and for the balance amount including the RTO / Insurance costs and etc.,Euler Motors will contactyou.

  1. DELIVERY SCHEDULE

  1. Upon receipt of the money towards the Sale Pricein our Bank Account for the Vehicle selected by youand completion of all documentation requirements, we will communicate the estimated delivery period for your Vehicle and will make all commercially reasonable efforts to deliver theVehicle within the specified delivery period notified by us.

  1. Any change or delay in the delivery period will be notified to you by us. We 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.

  1. CANCELLATION/REFUND

  1. Upon payment of the Booking Amount, you may request for cancellation of booking of the Vehicle for any reason within [30] days from receiving the payment confirmation by us. If the cancellation request is approved by Euler Motors, 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. Euler Motors 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.

  1. 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.

  1. Please note that once the full payment of the Sale Price of the Vehiclehas been made, the sale shall be deemed as complete, and cancellation or claim for any refund amount will not be possible.

  1. All cancellation requests must be made through the option available on the Platform or sent by the Users on customercare@eulermotors.com [ .

  1. 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.

  1. COLLECTION OF INFORMATION

  1. 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.

  1. You agree that we shall have the right to collect and/or use or analyse your Personal Data or Sensitive Personal Data as set forth in the Privacy Policy.All collection, storage, use and disclosure of any information provided by you will be in accordance with our Privacy Policy available at https://www.Euler Motorsmotor.com/Privacy-Policy.Use of the Platform is also governed by the Privacy Policy. We only use your information as described in the Privacy Policy. We view protection of Users' privacy as a very important community principle. If you object to the Privacy Policy in any way, please do not use the Platform.

  1. TERRITORY

The Vehicle is available for booking or sale in such territories as may be designated by us on the Platform. You may not place a booking request for the Vehicle outside these territories.

  1. PURCHASE TERMS

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 Euler Motors 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.

  1. MODIFICATION

  1. We reserve the right to revise, modify, or update these Terms from time to time and the most current version will be posted on thePlatform.Ifarevision,inoursolediscretion,ismaterial,wewillnotifyyoubye-mailorthroughanyother means of communication. Other revisions may be updated only on the Platform, and you are responsible for checking such postings regularly. By continuing to use the Platform for booking the Vehicles or any other reason after revisions become effective, you agree to be bound by the revised Terms. The revised Terms shall supersede all prior versions.

  1. In addition, in the event any regulatory authority that has provided us any license to provide the booking of Vehicles on the Platform and/or Platform revokes such license, you hereby agree that we may terminate these Terms, at any time, without liability on our part.

  1. Euler Motors reserves the right to change the price, model, variants, design, specifications and features of the Vehicles as displayed on the ‘Book Online’ section of the Platform at any time without any prior notice and any liability.

  1. INTELLECTUAL PROPERTY RIGHTS

  1. You acknowledge and agree that Euler Motors owns and reserves the right, title and interest in and to the Vehicles, Platform, and Content.

  1. As part of the booking option, we grant you a non-exclusive, limited, royalty-free, revocable license, during the term of the Terms to use our Platform to facilitate the booking of Vehicles. Any rights relating to our Platform and Content that we do not expressly grant to you in writing are expressly reserved, and your access to and use of our Platform does not grant you an express or implied license in respect of any of the Intellectual Property Rights that are owned by, licensed to, or controlled by us and our licensees.

  1. To the extent required in order for us to operate this Platform and provide you with booking of Vehiclesand/or promote the Platform, in any media or platform, you grant to us a non-exclusive, world-wide, royalty-free, transferrable, irrevocable license and right to host, publicly display, transmit, distribute, or use (that includes the right to copy, reproduce, and/or publish) the User Content you upload onto this Platform. Insofar as User Content (including images) includes Sensitive Personal Data, such User Content will only be used for these purposes if such use complies with the applicable Data Protection Laws in accordance with Clause 10 of the Terms and thePrivacyPolicy. Unless otherwise agreed between the Parties, Euler Motors does not claim any ownership rights in any User Content and nothing in the Terms and/or Privacy Policy will be deemed to restrict any rights that the User may have to use or exploit its User Content.

  1. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Platform, or you have all rights, licenses, consents and releases that are necessary to grant to Euler Motors the rights in such User Content, as contemplated under these Terms and/or Privacy Policy; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Euler Motors's use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a Third Party's patent, copyright, trademark, trade secret, moral rights or other proprietary or Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any Applicable Law or regulation.

  1. You acknowledge and agree that the Euler Motors logo is our trademark and may not be used by you without our prior written consent.

  1. Any distribution, reprint or electronic reproduction of any Content from the Platform, in whole or in part, is strictly prohibited without our prior written consent.

  1. You acknowledge and agree that you shall not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other Intellectual Property or proprietary information accessible through the Platform, without first obtaining the prior written consent of Euler Motors.

  1. CONFIDENTIALITY

During the course of your use of our Platform you may receive information relating to us or to our Vehicles, that is not known to the general public (“Confidential Information”). You agree that: (i) all Confidential Information will remain Euler Motors’ exclusive property; (ii) you will use Confidential Information only as is reasonably necessary for your booking of Vehicles and any other use of the Platform; (iii) you will not disclose Confidential Information to any other person or Third Party; and (iv) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms and/or Privacy Policy. You may not issue any press release or make any public statement related to our Vehicles, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission or misrepresent or embellish the relationship between us in any way.

  1. INDEMNITY

  1. You agree and undertake to fully indemnify and hold Euler Motors, its affiliates, and its respective officers, directors, employees, successors, representatives, and agents harmless from and against all Losses howsoever arising from all claims, allegations, actions, proceedings, demands, or costs broughtbyaThirdParty or other liability or expenses (including, without limitation, attorneys’ fees) (each, a "Claim")that we may sustain or incur, directly or indirectly, arising from or as a result of your: (i) actual or alleged breach of the Terms and/or Privacy Policy; (ii) use of the Platform; (iii) access to, use, or Misuse or Abuse of the Content offered through our Platform;(iv) misconduct in any manner, including negligence and fraud, in connection with your use of our Platform; or (v) any actual or alleged infringement of any Intellectual Property Rights by you, and any personal injury, death, or property damage related thereto.

  1. We will notify you of any such Claim or proceeding and assist you, at your expense, in defending the same. We reserve the right to assume, at your expense, the exclusive control and defence of any matter that is or may be subject to indemnification under this section. Should we exercise this right, you nevertheless agree to cooperate with any reasonable requests we make of you to assist with our defence of suchmatter.

  1. LIMITATION OF LIABILITY

  1. To the maximum extent permitted by law, we will not be liable to you for any Losses, (including loss of information, data, revenues, profits or savings) resulting, directly or indirectly, out of, or in any way connected with you access to, use of or reliance on the Platform including any special, punitive, incidental,consequential or other Losses, expenses or damages arising out of or in connection with theuse of the Platformwhether in negligence, contract, tort, strict liability, or any other legal theory.Youassumefullresponsibilityfortheuseof the Platform..

  1. We may at our sole discretion and without assigning any reason whatsoever at any time suspend your your access to the Platform without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. We will attempt to inform you of the same. Without prejudice to any other provisions of the Euler Motors policies, we shall not be liable to indemnify you for any Loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to the Platform for any purchase shall be deducted or refunded or rebated, as a result of such suspension.

  1. WithoutlimitingClause 17.1above,ifyousufferLossesordamageasaresultofourgrossnegligence orwillfulfailuretocomplywithourobligationsundertheseTerms or any of the Euler Motors Policies,anyclaimbyyouagainst uswillin any event be limited to the Booking Amount paid by you for booking the Vehicle.

  1. You expressly agree that in the event of any statute, rule, regulation, or amendment coming into force that would result in Euler Motors incurring any form of liability whatsoever, these Terms and any agreement thereof will stand terminated 1 (one) day before the coming into effect of such statute, rule, regulation oramendment.

  1. DISCLAIMERS

  1. 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.

  1. Euler Motors 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. Euler Motors 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. Euler Motors is not responsible for the conduct of any User of Platform. Euler Motors 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.

  1. Euler Motorsshall 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, Euler Motors 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 Euler Motors's control.

  1. 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.

  1. 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,wedonotwarrantthatthisprocessorthatanyreportsand/oranalysisgeneratedbythePlatform will be 100% error free. You are responsible for reviewing and verifying all such reports and/or analysisandpromptlyinforming usofanyerrorsnotedin writing.Subjecttothat,we will takestepstoinvestigateandrectifyanyconfirmederrorsassoonasreasonablypracticable following receipt of yournotification.

  1. FORCE MAJEURE

Neither Party shall be liable for any failure or delay on its part in performing its obligations under these Terms, if such failure or delay is due in whole or in part, to “Force Majeure” conditions. Force Majeure for these Terms shall mean incidents which could not have been reasonably predicted and which have resulted from circumstances beyond the control of the affected Party, and which are limited to, acts of God, labor disputes or other industrial disturbances, electrical or power outage, utilities or other telecommunications failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, epidemic, pandemic, acts of terrorism, or war.The Party whose performance is prevented by Force Majeure shall take all reasonable actions within its power to comply as fully as possible herewith and to preserve and protect the respective interests of the other Party hereto. It is clarified that failure to make payments within the prescribed period for any reason whatsoever or insufficiency of funds, shall not constitute a Force Majeure event. It is further clarified that delivery of the Vehicles by Euler Motors is subject to these Force Majeure conditions.

  1. GOVERNING LAW AND JURISDICTION

  1. These Terms will be governed by the laws of India.

  1. The courts of New Delhi, India shall have exclusive jurisdiction over any disputes between the Parties arising out of or in relation to these Terms.

  1. DISPUTE RESOLUTION

  1. Any complaint or dispute can be raised in writing to us at customercare@eulermotors.com

  1. If any disputes or claims arising under the Euler Motors Policies or out of or in connection with the execution, interpretation, performance, or non-performance of the Euler Motors Policies or in respect of the scope, validity or application of the Euler Motors Policies, or the subject matter hereof (“Dispute”), representatives of the Parties shall cooperate, in good faith, to attempt to amicably resolve the Dispute.

  1. All Disputes that cannot be resolved by the Parties by discussion shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 (three) arbitrators. Each Party shall appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed shall appoint the 3rd (third) arbitrator. The venue of arbitration shall beNew Delhi, India. The language of the arbitration shall be English. The decision of the arbitrators shall be final, binding and incontestable and may be used as a basis for judgment thereon anywhere. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.

  1. Each Party to the arbitration shall cooperate with each other Party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other Party in connection with such arbitration proceedings, subject only to any confidentiality obligations binding on such Party or any legal privilege applicable to any such information and/or documents. Each Party shall bear its own costs of the arbitration.

  1. MISCELLANEOUS

  1. Waiver

        The failure of a Party at any time to insist on performance of any provision of the Euler Motors Policies is not a waiver of that Party’s right at a later time to insist on performance of that or any other governing provision of the Euler Motors Policies.

  1. Severability

        If any term or provision of the Euler Motors Policies is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of the Euler Motors Policies shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

  1. Notices

We may provide any notice to you under any Euler Motors Policies by sending a message to the email address provided by you during the booking process. Notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address specified by you when we send the email, whether or not you actually receive the email. To give us notice under any Euler Motors Policies, you must contact us by email, personal delivery, overnight courier or registered mail to the mailing address listed below. Notices to Euler Motors must be sent by email to the email address specified in this Clauseor to any other email address notified by email to the User by Euler Motors, or by electronic communication via the Platform from time to time for such purpose. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective 1 (one) business day after they are sent. Notices provided by registered mail will be effective 3 (three) business days after they are sent.

        Euler Motors Private Limited

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        Address: B-99, PanchsheelVihar, New Delhi 110017

        Email: [customercare@eulermotors.com]

  1. Assignment

        The User shall not have the right to assign or transfer the Euler Motors Policies, or any part thereof, without the prior written consent of Euler Motors. Any assignment without such consent shall be void and have no effect. Euler Motors shall have the right to assign or transfer the Euler Motors Policies without requiring the prior approval of the Users.  Subject to the foregoing, the Euler Motors Policies will be binding upon, and inure to the benefit of, the Parties and their respective permitted successors and assigns.

  1. Rights of ThirdParties

        No Third-Party shall have any right or benefit under Euler Motors Policiesor entitlementtoenforceany term of the Euler Motors Policies.

  1. SUGGESTIONS/FEEDBACK

  1. 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 customercare@eulermotors.com  or pallavi.arora@eulermotors.com.

  1. You acknowledge and agree that the Feedback will be the sole and exclusive property of Euler Motors and you hereby irrevocably assign to Euler Motors and agree to irrevocably assign to Euler Motorsall of your rights, title, and interest in and to the Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or Intellectual Property Rights therein. At Euler Motors’ request and expense, you will execute documents and take such further acts as Euler Motors may reasonably request to assist Euler Motors to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections for the Feedback.

Last Updated: [20th October, 2021]