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 proceeding further, you accept and acknowledge these Terms and confirm that:

1. you have read and agree to be bound by these Terms;
2. you are at least 18 years of age and that all the details you provide to Us are accurate; and
3. upon receipt of payment of the Pre-Order Amount by Ather, an agreement regarding the Pre-order has been entered between Ather and you.

1.  Pre-Order

By placing this Pre-Order, you express an interest to purchase the Ather 450X Electric Scooter (“Vehicle”) and pay applicable amount, if any, towards placing such Pre-Order (“Pre-Order Amount”), as described on Ather’s website.

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. 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.
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 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 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.  Refund and Vehicle Purchase

The Pre-Order Amount which you have paid towards the Pre-Order is fully refundable and a non-interest-bearing amount 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 entire amount or balance amount (In case a Pre-Order Amount is already paid by you) 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.

4.  Cancellation/Refund

1. You may cancel this Pre-Order any time prior to making full payment of the Vehicle.
2. 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:

1. We decide not to sell the Vehicle in your city/location; or
2. We discontinue the Vehicle feature or option after the time you place your Pre-Order; or
3. We determine that you are acting in bad faith.

3. 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).

In case of cancellation of this Pre-Order by either Party, We will endeavor to process refund of the Pre-Order Amount (if any) 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 such 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.  Inspection

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.

7.  Collection of Information

We 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 of any change in the information provided to allow Us to update Our records. All collection, storage, use and disclosure of any information provided by you and/shared by third party will be in accordance with Our Privacy Policy available at https://www.atherenergy.com/policy.

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.

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, We reserve the right to modify or alter the specifications, features and/or design of the Vehicle without prior notice and without any liability.

11.  Miscellaneous

1. 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.
2. 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.
3. 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.
4. 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.