Ather 450X Electric Scooter Pre-Order Terms and Conditions
These Ather 450X Electric Scooter Pre-Order Terms and Conditions (“Terms”) govern the pre-order of Ather 450X Electric Scooter (“Pre-Order”) sold by Ather Energy Private Limited, a company registered under the Companies Act, 1956 and having its registered office at 3rd Floor, Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bengaluru, Karnataka - 560029 (“Ather”/”We”/”Us”/”Our”). By ticking the check box and accepting these Terms you acknowledge and confirm that:
you have read and agree to be bound by these Terms;
you are at least 18 years of age and that all the details you provide to Us are accurate; and
upon receipt of payment of the Pre-Order Amount by Ather, an agreement regarding the Pre-order has been entered between Ather and you.
By placing this Pre-Order, you express an interest to purchase the Ather 450X Electric Scooter (“Vehicle”) by making a minimum payment as described on Ather’s website.
In case payment is made via credit/debit card, it is recommended that you make necessary enquiry about the charges or fees payable against the credit/debit card used from credit card or the debit card service provider i.e. the respective bank.
The credit card/debit card information supplied at the time of making the payment is processed by the payment gateway of the service provider and is not supplied to Ather. It is your sole responsibility to ensure that the information entered in the relevant fields are correct. It is recommended that you take and retain a copy of the transaction for record keeping purposes, which might assist in resolution of any disputes that may arise out of the such payment.
You agree, understand and confirm that your personal data, including without limitation, details relating to debit card/credit card/net banking transmitted over the internet may be susceptible to misuse, hacking, theft and/ or fraud and that Ather or the payment service provider(s) have no control over such matters.
The payment towards the Pre-Order shall be made through the payment gateway service provider through a secure website. However, neither the payment gateway service provider nor Ather gives any assurance, that the information so provided online by you is secured or may be read or intercepted by a third party. Ather does not accept or assume any liability in the event of such unauthorized interception, hacking or other unauthorized access to information provided by you in the process of making the Pre-Order payment.
2. Refundable Pre-Order Amount and Vehicle Purchase
The Refundable Pre-Order Amount (“Pre-Order Amount”) paid by you is non-interest bearing and shall be adjusted against the full payment made at the time of purchase of the Vehicle.
Ather shall intimate you when the Vehicle is available, and you shall be required to pay the balance amount to Ather for purchase of the Vehicle (“Intimation”). As a part of the Intimation, Ather may prescribe a timeline for full payment for the Vehicle. In case of failure on your part to complete payment within such timeline, Ather shall have the right to sell the Vehicle to any other customer. It is hereby clarified that the final price of purchase of the Vehicle shall be the price applicable on the date of Intimation and not the price that is prevailing at the time of accepting these Terms.
3. Delivery Schedule
We may communicate the estimated delivery period for the Vehicle and shall make all commercially reasonable efforts to deliver the Vehicle within the specified delivery period. Any change or delay in the delivery period shall 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 delay in delivery of the Vehicle for any reason whatsoever.
You may cancel this Pre-Order any time prior to making full payment of the Vehicle.
We reserve the right to cancel this Pre-Order at any time without prior notice. For the sake of clarity, it is stated that We may cancel Pre-Order for reasons, including not limited to, the following:
We decide not to sell the Vehicle in your city/location; or
We discontinue the Vehicle feature or option after the time you place your Pre-Order; or
We determine that you are acting in bad faith.
Please note that once you make the full payment for your Vehicle, you will not be able to cancel your purchase or claim any refund of the purchase amount.
In case of cancellation of this Pre-Order by either Party, We will endeavor to process refund of the Pre-Order Amount to you within fifteen (15) working days from the date of receipt of request for cancellation (if cancelled by you) or the date of notification of cancellation sent (if cancelled by Ather).
In case, Vehicle charging equipment has been installed pursuant to these Terms, Ather shall not refund the Pre-Order Amount and shall, at its discretion, set off Pre-Order Amount against the amount invoiced to you for charging equipment installation and you shall be liable to pay the balance amount post set-off.
5. Assignment or Transfer
The Pre-Order is for the sale of Vehicle only to you and you shall not transfer or assign any rights granted to You under these Terms to any third party.
6. Collection of Information
Post Pre-Order, We may conduct an inspection at the location provided by you, for installation of the Vehicle charging equipment. The installation of the Vehicle charging equipment may entail additional costs to you, as may be determined by Us and informed to you, during such inspection or at the time of installation. You shall be responsible to procure all permissions, permits and/or any other requirements under applicable law, including requirements under apartment association byelaws, housing society rules etc., for the installation of the Vehicle charging equipment at such location.
8. Purchase Terms
These Terms are only applicable to Pre-Order of the Vehicle. You acknowledge that purchase of Vehicle will be subject to such additional terms and conditions as may be provided by Ather (collectively, “Purchase Terms”). You shall be required to agree to such Purchase Terms prior to the making full payment of the Vehicle.
9. Limitation of Liability
We will not be liable for any indirect, special, incidental or consequential damages arising out of or in connection with these Terms. Your sole and exclusive remedy and Our aggregate and cumulative liability for any breach under these Terms will be limited to refund of Pre-Order Amount.
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 without any liability.
You hereby agree to receive email communication/newsletters (promotional and marketing emails) from Ather from time to time. You further expressly waive Do Not Call (DNC) / Do Not Disturb (DND) registrations on your phone/mobile numbers for contacting you for such promotional/marketing purposes.
We will not be responsible for any delay or failure to perform Our obligations under these Terms, where such delay or failure is due to reasons beyond Our control.
Prior agreements, oral statements, negotiations, communications or representations about the Vehicle are superseded by these Terms. Terms relating to the Pre-Order not expressly contained herein are not binding. We may assign these Terms at our discretion to our affiliate entities.
In the event any provision of these Terms is held invalid or unenforceable, the legality and enforceability of remaining provisions will not be affected or impaired thereby. These Terms will be subject to the laws of India and any dispute hereunder will be subject to the exclusive jurisdiction of courts at Bangalore.
Ather 450X Invite Program – Terms and Conditions
1. Eligibility Criteria:
Ather 450X Invite Program ("Program") is open to all Indian citizens being at least 18 years of age and having a valid invite code (“Participant”), shared by Ather Energy Private Limited (“Ather”) via an official invite (“Invite”), for pre-order of Ather 450X Electric Scooter (“Ather 450X”).
The Program shall commence from 14th January, 2020 at 20:00:00 and shall be valid till the date of formal launch of Ather 450X by Ather.
Participant must participate in the Program by clicking on the link provided in the Invite which shall re-direct to the page for entering the invite code. Thereafter, the Participant shall be redirected to the pre-order window and shall have to place a pre-order for Ather 450X to be eligible for the Program.
The invite code shall be valid for placing the pre-order of one (1) Ather 450X only.
The final decision on the validity of an invite code shall lie solely with Ather.
2. Program Details:
The Participant shall be eligible to receive priority delivery of their Ather 450X, provided the Participant completes the purchase of Ather 450X and agrees to any additional terms and conditions, as may be required by Ather, prior to such delivery.
The Participant shall also be eligible to receive Collector’s Edition Ather 450X, which will be unveiled at a later date. Upon successful completion of a pre-order of Ather 450X, Participant shall be eligible to receive a t-shirt from the Ather merchandise series, and an Invite containing one (1) invite code only.
In case such invite code that is received post pre-booking Ather 450X by the Participant is used by any other person(s) to pre-order Ather 450X, such Participant shall be eligible to receive a t-shirt from the Ather merchandise series.
In case Participants who had received Invite containing two (2) invite codes prior to 20:00:00 of January 14th, 2020:
have not pre-ordered Ather 450X and both invite codes are used by any other person(s) to pre-order Ather 450X, such Participant shall be eligible to receive a t-shirt from the Ather merchandise series; or
have already pre-ordered Ather 450X and at least one (1) of the invite codes received by such Participant is used by any other person to pre-order Ather 450X, such Participant shall be eligible to receive a t-shirt from the Ather merchandise series.
The images used on the www.atherenergy.com (“Website”) depicting the t-shirt are for the purpose of reference only. The actual t-shirt may vary from the visual shown on the Website.
The benefits under this Program shall not be redeemed for cash or exchanged in kind under any circumstances, whatsoever.
The benefits under this Program are non-transferrable.
In case of cancellation of the pre-order of Ather 450X at any stage, the Participant shall not be eligible to receive any benefit under this Program.
3. General Terms:
The pre-order of the Ather 450X is governed by Ather 450X Electric Scooter Pre-Order Terms and Conditions (“Pre-Order Terms”) and Participant shall be required to agree to the Pre-Order Terms prior to placing such order.
Ather reserves the right, at any time, to add / alter / modify / change/ vary or replace in whole or in part, the Ather 450X Invite and Referral Program – Terms and Conditions and the Pre-Order Terms. The Ather 450X Invite and Referral Program – Terms and Conditions and the Pre-Order Terms are collectively referred to as “T&Cs”.
Ather alone shall determine the benefits for respective Participants under the terms of the Program and the decision made by Ather, in this regard shall be final and binding.
Ather shall not be held liable for any defects in the t-shirts, once it has been received by the Participant or any discrepancies pertaining to the benefits of the Program.
Pre-ordering of Ather 450X pursuant to this Program shall not lead to cancellation and shall not affect in any manner, other order and/or pre-order placed by Participant with Ather.
By participating in this Program, every Participant agrees to allow use of his or her name and / or photograph for advertising or similar promotions without demanding any compensation / remuneration.
Participant shall not hold Ather, its affiliates, directors, officers, employees, agents and vendors, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges and expenses which they claim to have suffered, sustained or incurred, or claim to suffer, sustain or incur, by way of and/or on account of the Program.
Ather reserves the right to, without liability or prejudices to any of its other rights, at any time, without previous notice and from time to time, withdraw/suspend/amend/cancel this Program, with or without any reason.
Ather reserves the right to suspend any Participant from the Program, if it determines that the Program is being misused or that Participant has violated any T&Cs.
All disputes pertaining to the Program shall be governed by the laws of India and be subject to jurisdiction of courts located at Bengaluru only.