ATHER BRANDED ELECTRIC VEHICLES PRE-ORDER TERMS
Ather Energy Private Limited, a company incorporated under the Companies Act, 1956 and having its registered address at 3rd Floor, Tower D, IBC Knowledge Park, Bannerghatta Main Road, Bangalore – 560064 (hereinafter referred to as “Ather” or “We” or “Our” or “Us”) offers pre-order (“Pre-Order”) of the Ather branded electric two-wheeled vehicles (“Vehicle”) to customers (hereinafter referred to as “Customer” or “You” or “Your”) either by itself or through its authorized retail partners (“Retail Partner”), subject to this Ather Branded Electric Vehicles Pre-Order Terms (“Pre-Order Terms”).
Please read and understand these Pre-Order Terms carefully. In the event these Pre-Order Terms are not acceptable to You, or You are a person who is not eligible under the applicable laws to enter into these Pre-Order Terms, please do not proceed with the Pre-Order. Subject to these Pre-Order Terms, impliedly or expressly accepting these Pre-Order Terms, You also accept and agree to be bound by applicable policies published by Ather on its website (from time to time).
By placing this Pre-Order, You express an interest to purchase the Vehicle and pay an applicable amount (“Pre-Order Amount”), towards placing such Pre-Order.
2. Vehicle Purchase
The Pre-Order Amount which shall be payable by You towards the Pre-Order is fully refundable and shall be treated as a non-interest-bearing security deposit amount which shall be adjusted against the full payment (“Final Price”) to be made by You at the time of purchase of the Vehicle. The Parties hereby acknowledge that the price of the Vehicle is dependent on many factors and is subject to change from time to time. The Final price as quoted shall be inclusive of all applicable taxes.
Ather or its Retail Partner shall intimate You when the Vehicle is ready for delivery by raising a demand of the balance amount of the Vehicle in the form of an intimation email to You (“Intimation”) and You shall be required to pay the balance amount of the Vehicle as per the timeline (“Timeline”) as communicated by Ather in such Intimation . In case of failure on Your part to complete the payment within such Timeline, Ather or its Retail Partner reserves the right to sell the Vehicle to any other customer and refund the Pre-Order Amount.
Notwithstanding anything contained in these Pre-Order Terms, it is hereby clarified that the Final Price of the Vehicle shall be the price applicable on the date of Intimation and not the price that is prevailing at the time of acceptance of these Pre-Order Terms.
3. Delivery Schedule
Ather or our Retail Partner 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 as provided for on Ather’s website or as communicated by Ather or its Retail Partner at the time of accepting these Pre-Order Terms. Any change or delay in the delivery period shall be notified to You by Us or our Retail Partner as the case may be. We or Retail Partner 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. Parties hereby agree that time is not of essence in these Pre-Order Terms. If You are unable to take delivery within the specified period, Your Vehicle may be made available for sale to other customers. The Vehicle shall be delivered to You only upon the receipt of Final Price of the Vehicle.
You may cancel the Pre-Order at any time prior to making full payment of the Final Price of the Vehicle. We or our Retail Partner reserve the right to unilaterally cancel this Pre-Order at any time without prior notice. For the sake of clarity, it is stated that We or Retail Partner may cancel this Pre-Order for reasons, including but not limited to, the following:
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 (including Pre-Order Amount).
Ather or its Retail Partner will endeavor to process refund of the Pre-Order Amount (if any) to You within fifteen (15) working days from (i) the date of receipt of request for cancellation (if cancelled by You) or (ii) the date of notification of cancellation sent (if cancelled by Ather/ Retail Partner).
In case of a cancellation of the Pre-Order by the Customer or by Ather or its Retail Partner on grounds of a breach of these Pre-Order Terms by the Customer and where Vehicle charging equipment has been installed pursuant to these Pre-Order Terms, Ather or its Retail Partner shall not refund the Pre-Order Amount and shall, at its discretion, set off the Pre-Order Amount against the amount invoiced to You for such charging equipment installation and You shall be liable to pay the balance amount post set-off, if any.
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 associated or granted to You under these Pre-Order Terms to any third party. Ather and its Retail Partner shall have a right to assign any or all of its rights and obligations under these Pre-Order Terms to any of its affiliated entities without obtaining Your prior written consent.
Post Pre-Order, Ather or its Retail partner or its authorized representatives may conduct an inspection at the location provided by You, for installation of the Vehicle charging equipment if specifically requested by You. The installation of the Vehicle charging equipment may entail additional costs to You, as may be determined by Ather or its Retail Partner 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.
7. Collection of Information
8. Purchase Terms
These Pre-Order Terms are only applicable to Pre-Order of the Vehicle. You acknowledge that purchase of the 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 making full payment of the Vehicle.
9. Limitation of Liability
In the event of failure of delivery as per the Delivery Schedule communicated to You, Ather or its Retail Partner will be liable only up to the extent of the Pre-Order Amount. Ather or its Retail Partner will not be liable for any indirect, special, incidental or consequential damages arising out of or in connection with these Pre-Order Terms. Your sole and exclusive remedy and Our or Retail Partner’s aggregate and cumulative liability for any breach under these Pre-Order Terms will be limited to a refund of the Pre-Order Amount only.
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, Ather reserves 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 or its Retail Partner 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.
Ather Referral Program Terms and Conditions (“Terms”)
Ather Referral Program (“Program”) offered by Ather Energy Private Limited (“Ather”) has been created to reward Ather 450 Electric Scooter and/or Ather 450X Electric Scooter owners, persons who have placed a Pre-Order for Ather 450X Electric Scooter/Ather 450 Electric Scooter and any other person who receives a referral code directly from Ather (hereinafter referred to as “You”/“Referrer”/“Participant”/”Your”) for referring Ather to other individuals (“Referee”/“Participant”) for purchase of Ather 450 Electric Scooter and/or Ather 450X Electric Scooter (“Ather Scooters”). This Program also rewards the individuals for listening to Your great advice in referring Ather, by offering them a reward for purchasing Ather Scooters at your referral.
To be eligible for participation in the Program, a Participant must be an Indian citizen and at least 18 years of age. This Program shall be available across all regions in India.
Ineligibility of referrals:
The Referrer shall not be eligible to receive a Reward in case the Referee cancels pre-order for the Ather Scooters or does not proceed with the purchase of the Ather Scooters by paying the full amount (within a timeline communicated by Ather).
The Referee shall not be eligible for any Rewards, if s/he does not pre-order Ather Scooters or cancels the pre-order of Ather Scooters and does not proceed with the purchase of Ather Scooters by making full payment (within a timeline communicated by Ather)
Ather reserves the right, at its sole discretion, to prohibit any Participant from participating in any aspect of the Program if it deems or suspects that such Participant has engaged in or has attempted to engage in any of the following:
Rewards for Ather Electric Scooter
Both the referrer and referee may lose their eligibility for these credits if the referee doesn’t complete the purchase of the vehicle within the stipulated time period (as communicated by Ather on their Referral webpage / blog post or email communication).
In the event that the referee has purchased the vehicle even before the referrer, the referrer may lose his/her eligibility for credits if the purchase is not completed within the stipulated time period. The credits can be used to purchase subscription plans, accessories, merchandise as and when Ather enables it.
The images of the Rewards depicted in any communication from Ather and/or provided on the www.atherenergy.com are for the purpose of reference only. The actual reward may vary from the visual shown on the Website and/or any communication from Ather.
Sharing/Dispatch of Reward:
Ather will reasonably endeavour to dispatch (in case of physical rewards) or send (in case of digital rewards) the Rewards to the Participant within three (3) months from the completion of the purchase of Ather Scooters by the Referee.
In case, the Reward is damaged during transit, Ather shall not be liable for such damage or defect caused due to the same, in any manner whatsoever.
The Rewards under this Program shall not be redeemed for cash under any circumstances, whatsoever.
By participating in the Program, Participants release Ather, its parent company, subsidiaries, affiliates, suppliers, advertising, and promotions agencies and their respective directors, officers, employees, and agents from any and all liability for any loss, harm, damages, cost, or expense, including, without limitation, property damages, personal injury and/or death, arising out of or in any way connected to the Program and/or the use of any Rewards.
Participants agree to indemnify, defend, and hold Ather and its representatives and agents harmless from and against any and all third party claims, demands, liabilities, costs, or expenses, including attorney’s fees and costs, arising from, or related to any breach by the Participant of any of these Terms or any violation by Participant of applicable law.
Disclaimer of Warranties:
PARTICIPANTS EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) THEIR USE OF THE PROGRAM IS AT YOUR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, OR COMMON LAW, INCLUDING, BUT NOT LIMITED TO, PROMISES WITH RESPECT TO REWARDS OFFERED UNDER THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(B) ATHER MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iii) ANY ERRORS IN THE PRODUCTS WOULD BE CORRECTED; (iv) ATHER DISCLAIMS ANY COSTS AND/OR LIABILITY WITH RESPECT TO A DEFECT IN THE ANY PRODUCT THAT IS PROVIDED UNDER THE REWARD PROVIDED PURSUANT TO THIS PROGRAM;
(C) REFERENCE IN THIS PROGRAM TO ANY SPECIFIC COMMERCIAL PRODUCT OR THE USE OF ANY FIRM OR CORPORATION NAME IS FOR THE INFORMATION AND CONVENIENCE OF THE PUBLIC, AND DOES NOT CONSTITUTE ENDORSEMENT, RECOMMENDATION, OR FAVORING SUCH FIRM OR CORPORATION.