EroEV Products Term of Use
Using EroEV EV Tech. Pvt. Ltd. Products
Privacy Statement and Policies
Intellectual Property Rights (IP Rights)
Intellectual property rights, including copyrights, trade names, trademarks, service marks, and logos, protect EroEV products and materials made available on all EroEV products. These rights are either owned by EroEV or utilised by EroEV under licence or with permission from the owner of such rights. The design, style, look, appearance, graphics, pictures, images, articles, stories, and other content available on the EroEV products are all protected by intellectual property rights. Except where expressly invited to do so, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any material or information on or downloaded from any of our EroEV products, including but not limited to text, graphics, video, messages, code, and/or software, by any means or in any manner without our prior written consent.
We offer no warranties or representations concerning any other websites that you may visit through our EroEV products or that may link to our goods. When you visit another website, you acknowledge that it is unrelated to us and that we have no control over its content or availability. Furthermore, a link to another website does not imply that we endorse or accept responsibility for its content or use, and we will not be liable for any loss or damage caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any other website or resource.
Limitation of Liability, Disclaimer of Warranties, and Indemnification
Software as a Service- Terms and Conditions
Please read these terms and conditions of use (‘Terms and Conditions) carefully before purchasing or availing of the products and services (“Products”) of EroEV Private Limited (“Company”). These Terms and Conditions govern your (“you”, “your” and “yourself”) purchase of Company’s Products. Purchasing the Company’s Products indicates that you have read, understood, accepted and agreed to be bound by these Terms and Conditions. Thank you for purchasing the Products from the Company. Notwithstanding anything to the contrary contained in any documents including purchase order, your purchase of the Products of the Company shall be governed by the following terms:
1. The Products are warranted against any electronic or mechanical defects for a period of 1 (one) year. Should a defect occur, the Company will repair or, at its option, replace the defective unit/ parts with new or rebuilt materials without charge for either parts or labour. Replacement units/parts will be warranted for the remaining portion of the original warranty period. This warranty does not cover installation or damage from an accident, misuse, abuse, improper wiring, incorrect voltage, operating the unit against the instructions in the user manual or any Product which has been opened, altered or tampered with.
2. Save and accept the warranty provided in Clause 1, Products once delivered, shall not be eligible for return and no return or refund request shall be entertained by the Company, Company shall deliver the Product to the location specified by you while placing the order, on delivery of the Product you agree that the title of the Product and risk thereto transfers to you.
3. Company may provide installation service of the Products purchased subject to the area you live in, on opting for installation service for purchased Product, you agree that on or before the arrival of the Company’s representative to the location for installation, such location shall be cleared and ready for installation in accordance with the specifications provided by the Company including having access to electricity and location for installation shall be free from any cracks, improper structure integrity or any other defects. The installation location shall be in legal possession of the user. The company or Company’s representative reserves the right to refuse to install the Product on finding any shortcoming in the location for the installation.
4. Intellectual property rights, including copyrights, trade names, trademarks, service marks, and logos, protect EroEV products and materials made available on all EroEV products. These rights are either owned by EroEV or utilised by EroEV under licence or with permission from the owner of such rights. The design, style, look, appearance, graphics, pictures, images, articles, stories, and other content available on the EroEV products are all protected by intellectual property rights. Except where expressly invited to do so, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any material or information on or downloaded from any of our EroEV products, including but not limited to text, graphics, video, messages, code, and/or software, by any means or in any manner without our prior written consent.
5. Save and except the warranty provided in Clause 1, the Company makes no representations or warranties regarding the Products and associated services and is not responsible or liable for your use of Products. You acknowledge and agree that your decision uses any Products is at your sole risk, and the Company will not be liable for any loss or damage, including injury, illness or death, arising out of or in connection with your use of the Products, whether directly or indirectly.
6. You shall not use any Products, documentation, or Company’s confidential information (whether in whole or in part) to facilitate, assist or otherwise engage in (either directly or indirectly) the development, modification, sale and/or marketing of equipment, software, technology, services and/or documentation that are competitive to any of Company’s Products or service offerings.
7. You undertake that you shall not: (1) use the Products for anything other than for the purpose of personal usage or usage through the platform of the Company or usage permitted by the Company; (2) modify, adapt, create derivative works of, reverse engineer, decompile, or disassemble or reconstruct, the Products or any derivative work or attempt to recreate a similar product; (3) distribute, sell, lease, rent, lend, sublicense, encumber, assign, transfer in any manner whatsoever the Products, other than in the manner permitted by the Company in writing; (4) use the Products in breach of any applicable law or in any activity that is in violation or breach of applicable law; (5) permit any third party to perform any maintenance services on the Products or effect modification or enhancement or software/engineering changes to the Products without the prior written consent of the Company.
8. All intellectual property rights in and to the Products and any other developments thereto shall at all times belong to the Company and any infringement of any Company intellectual property rights shall be subject to legal action and damages.
9. These Terms and Conditions and the relationship between you and the Company shall be governed by the laws of India and appropriate courts and forums in Kolkata, West Bengal shall have exclusive jurisdiction in any proceedings arising out of these Terms and Conditions.
10. Unless otherwise provided in the Terms and Conditions, all trademarks, service marks, logos, trade names, and designs, whether registered or unregistered, used in connection with the Products are owned by the Company or its third-party licensors. Without the appropriate owner’s prior written consent, you may not use or display any such trademarks, service marks, logos, trade names, or designs owned by the Company or its third-party licensors.
11. You agree to indemnify, defend, and hold harmless each of the Company Parties (as defined below) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your breach or violation of these Terms and Conditions (including without limitation or representation, warranties and or covenant) or misrepresentation with respect to your information or arising out of your violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, fraudulent transactions or other rights. The Company reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with the Company’s defence of such claim. This clause shall survive the expiry or termination of these Terms and Conditions.
12. Notwithstanding anything to the contrary in any document including these Terms and Conditions, Company’s total, cumulative, and aggregate liability towards you shall not exceed the amount paid by you towards the Product in dispute, whether the Company’s liability is based on contract, tort, equity, at law, and/or otherwise, howsoever arising.
13. In no event will the Company be liable for any indirect, special, consequential, punitive, or exemplary damages (including, without limitation, those resulting from loss of revenues, lost profits, loss of goodwill, loss of data, cost of procurement of substitute services, business interruption, or other intangible losses), arising out of or in connection with the Product, whether such damages are based on warranty, contract, tort, statute, or any other legal theory and even if any company party has been advised (or should have known) of the possibility of such damages.
These Terms and Conditions constitute the entire and exclusive and final statement of the agreement between you and the Company with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and the Company with respect to such subject matter. The Company shall neither be liable to the other nor shall be in default if, and to the extent that, the performance or delay in performance of any of its obligations under these Terms and Conditions is prevented, restricted, delayed or interfered with due to circumstances beyond the reasonable control of the Company or any force majeure event. The failure of the Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavour to give effect to the intentions of the Company and you as reflected in the provision and that the other provisions of these Terms and Conditions remain in full force and effect. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by the Company without restriction. The Company may, in its sole and absolute discretion, change these Terms and Conditions from time to time.
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