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).

 1.  Pre-Order

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.  

1. 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.
2. 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 or its Retail Partner. 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 such payment.
3. 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 its Retail Partner or the payment service provider(s) have no control over such matters.
4. 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 and its Retail Partner gives any assurance that the information so provided online by You is secured or may be read or intercepted by any third party. Ather and its Retail Partner 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 Amount payment.
5. In case the payment is made through issuance of cheque, You will ensure that the cheque issued to Ather or the Retail Partner is duly honored and You accept and acknowledge that in case the cheque issued is dishonored, You will be liable under the Negotiable Instruments Act,1881. In such cases Ather or the Retail Partner will be entitled to initiate legal proceedings against You under the Negotiable Instruments Act,1881.

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.

 4. Cancellation/Refund 

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:

1. We or our Retail Partner decide not to sell the Vehicle in Your city/location; or
2. We or our Retail Partner discontinue the Vehicle feature or option after the time You place Your Pre-Order; or
3. We or the Retail Partner believe that the Pre-Order has been made with a view toward resale of the Vehicle, for use as part of any business activity or commercial undertaking, or that has otherwise been made 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 (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.

 6. Inspection 

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

Ather or its Retail Partner may require certain information and documents from You for processing Your Pre-Order, complying with statutory requirements, and/or conducting a site inspection for installation of the Vehicle charging equipment. You represent and warrant that all such information and documents will be true, complete and accurate. You will promptly notify Us or our Retail Partner of any change in the information provided by You to allow Us or our Retail Partner to update Our or Retail Partner records. All collection, storage, use and disclosure of any information provided by You and/or shared by third party will be in accordance with Our Privacy Policy available at https://www.atherenergy.com/policy. Ather’s Privacy Policy is incorporated by reference and will be a part of these Pre-Order Terms in the form published on its website or notified otherwise to the You.

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.

 10. Disclaimer

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.

11.   Miscellaneous

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.

1. Ather or its Retail Partner will not be liable for any failure or delay in performing any of the obligations under these Pre-Order Terms, in whole or in part, or for any losses incurred or suffered by the other Party by reason of such failure or delay, if and so far as such failure or delay is directly attributable to a Force Majeure Event. For the purpose of this clause, a force majeure event includes civil commotion, sabotage, lockout, strikes or labour disturbances, fire, flood, earthquakes, any other acts of God, explosion, break out of communicable disease, epidemic, pandemic, war, acts of public enemies, quarantine restrictions, any action of the Governmental Authority or absence of usual means of communication or transportation, or any other cause whether of the same or of a different nature, unavoidable or beyond the control of Ather or its Retail Partner (each a “Force Majeure Event”).
2. Prior agreements, oral statements, negotiations, communications or representations about the Vehicle are superseded by these Pre-Order Terms. Terms relating to the Pre-Order not expressly contained herein are not binding.
3. In the event any provision of these Pre-Order Terms is held invalid or unenforceable, the legality and enforceability of remaining provisions will not be affected or impaired thereby. Notwithstanding the foregoing, the Parties shall thereafter negotiate in good faith to agree upon a mutually satisfactory provision to be substituted for the provision so found to be void, illegal or unenforceable.
4. These Pre-Order Terms shall be governed by and construed in accordance with the laws of India. The Parties submit themselves to the exclusive jurisdiction of the Courts at Bengaluru, Karnataka.
5. Nothing in these Pre-Order Terms shall be construed as establishing or implying any partnership or joint venture arrangement between the Parties, nor shall it be deemed to constitute either of the Parties as the agent of the other Party and no employment or any other relationship shall be construed or created between the Parties.
6. Except as expressly provided herein, the rights, powers and remedies provided in these Pre-Order Terms are cumulative and not exclusive of any rights, powers and remedies provided by Law

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.

These Terms are a binding agreement between the Participant and Ather and will govern such Participant’s participation in any and all Program offers. By participating in the Program, you also agree to the Terms of Use and Privacy Policy listed at www.atherenergy.com (“Website”). You are not authorized to participate in the Program, if you do not agree to these Terms in their entirety.

Eligibility.

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.

Eligible Referrals

1. Referral Code

1. Ather shall share referral code via various mode(s) with You (“Referral Code”). Such code may be further shared by You with individual(s) interested in purchasing the Ather Scooters.
2. Referral Code shall only be used for personal and non-commercial purposes, and only shared with personal connections that will appreciate receiving these invitations. Referral Code should not be published or distributed where there is no reasonable basis for believing that all or most of the recipients are personal friends (such as voucher websites, Reddit, or Wikipedia).

2. Referral shall be complete when:

1. The Referrer shares a Referral Code with the Referee; and
2. The Referee enters the same on the Website while completing a pre-order for Ather Scooters and thereafter, purchases Ather Scooters by paying the entire purchase amount.
3. It is hereby clarified that the Referral shall only be complete once the Referee completes the purchase of Ather Scooters which shall include submission of all required documents and completion of other formalities.

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)

Conduct

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:

1. Acting in violation of these Terms;
2. Misused the Program in any manner, whatsoever;
3. Activity deemed in the sole discretion of Ather to be generally inconsistent with the intended operation of the Program. Ather shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms or intent of these Terms.

Rewards for Ather Electric Scooter

1. Referee gets INR.2500 credits upon completing the purchase of the vehicle;
2. Referrer gets INR.3500 credits per referral upon completion of purchase by Referee post making the full payment.

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.

Other Terms:

The Rewards under this Program shall not be redeemed for cash under any circumstances, whatsoever.

1. The Rewards under this Program are non-transferrable.
2. Ather alone shall determine the Rewards for respective Participants under the terms of the Program and the decision made by Ather, in this regard shall be final and binding.
3. 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.
4. If any provision in these Terms are held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
5. Ather, in its sole discretion, can change, cancel, suspend, or modify any aspect of the Program without notice.
6. Ather reserves the right to modify these Terms at any time, at its sole discretion, and without notice to you.
7. Ather also reserves the right to disqualify any Participants at any time from participation in the Program.
8. 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.

Release

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.

Indemnification

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

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.