“Applicable Laws” shall mean any and all: (i) laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and (ii) all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.
“Bank Account” shall mean the bank account details of Dandera Partners displayed on the Platform for making payment of the Booking Amount (as defined hereinafter).
“Confidential Information” shall have the meaning ascribed to it in Clause 15 of these Terms.
“Content” shall mean all information that is created, uploaded, posted and stored on the Platform by Dandera Partners such as text, photos, audio, video,logos, trademarks or other materials and information, including the details of the Vehicles and includes any other information made available by Dandera Partners on or through the Platform including proprietary content and any content licensed or authorized for use by or through Dandera Partners from a Third Party (as defined hereinafter).
“Data Protection Law” shall mean any data protection, data security or privacy law, including, without limitation, the Information Technology Act, 2000, the EU General Data Protection Regulation 2016/679 (the “GDPR”), and any laws governing Personal Data (as defined hereinafter), Sensitive Personal Data (as defined hereinafter) or information outbound telephone calls, transmission of electronic mail, transmission of facsimile messages and any other communication-related data protection, data security or privacy laws.
“Governmental Authority” shall mean any government authority, statutory authority, regulatory authority, government department, agency, commission, board, tribunal or court or other law, rule or regulation making entity/ authority having or purporting to have jurisdiction on behalf of the Republic of India or any state or other subdivision thereof or any municipality, district or other subdivision thereof.
“Intellectual Property Rights” or “IP Rights” include: (i) all rights, title, and interest under any statute or under Applicable Law including patent rights; copyrights including moral rights; trademarks, tradenames, Designs and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not; (ii) any licenses, permissions and grants in connection therewith; (iii) applications for any of the foregoing and the right to apply for them in any part of the world; (iv) right to obtain and hold appropriate registrations in Intellectual Property anywhere in the world; (v) all extensions and renewals thereof; and (vi) causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.
“Loss” shall mean all direct losses, damages, liabilities, costs (including legal fees), expenses, charges, interest, penalty, claims, arbitration, proceedings, suits and all sums paid in relation to any compromise or settlement of any claim, arbitration, suit or proceeding.
“Misuse” or “Abuse” shall mean any act of the User that is inconsistent with the spirit of these Terms even if it is something that is not expressly or impliedly forbidden by the letter of these Terms.
“Parties” refer to both you and Dandera Partners jointly.
“Party” refers individually to each of you and Dandera Partners.
“Personal Data” shall mean any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes “personal data” under the GDPR or similar terms under other Data Protection Law. For the avoidance of doubt, Personal Data includes (without limitation) Personal Identification Information.
“Personal Identification Information” shall mean your name, address, identification number, phone number, and includes any other information by which you may be personally identified.
“Platform” means our website accessible at www.danderaelectric.com (and any related pages) and/or the or such website or mobile application powered by Dandera Partners and made available to Users by us. It does not include any website or mobile application owned or operated by a Third-Party that may be accessed from any page on websites or mobile applications powered by Dandera Partners.
“Sensitive Personal Data or Information” with respect to a person means such personal information which consists of information relating to:
“User Content” shall mean any content such as text, photos, audio, video, or other materials and information, created, uploaded, posted, sent, received, and stored on or through the Platform by the User.
“Third Party” shall mean a party which is not a signatory to these Terms.
“Vehicle” shall mean the 3-wheeler light electric commercial vehicles owned by Dandera Partners and listed on the Platform for the purpose of booking . Services:
Dandera Partners has provided this Website as a platform to the Users of this Website and all information and material available on the Website is only to assist the Users of Website who are interested in the services provided by Dandera Partners and who want to explore more options before concluding their booking. Among other services and information, Dandera Partners may provide any or all the below listed services to the Users:
All the above listed Services are provided at the sole discretion of Dandera Partners, and You acknowledges and agree that Dandera Partners can add or provide additional services not listed above or can remove / suspend / cancel any or all services/products, listed above without any notice or liability.
All the above listed Services are provided at the sole discretion of Dandera Partners, and You acknowledges and agree that Dandera Partners can add or provide additional services not listed above or can remove / suspend / cancel any or all services/products, listed above without any notice or liability.
You are responsible for, and agree to comply with, all laws, rules, and regulations applicable to your use of the Platform and any transaction you enter into on the Platform or in connection with your use of the Platform.
To register on the Website, the Customers will follow the registration process specified for log-in.
You shall not use any other party’s User id or/and password for any purpose whatsoever. The Company will not be responsible for any financial loss or any other loss, inconvenience resulting from misuse of your User ID / password / account details.
You hereby agree and confirm that you will:
(i) Provide accurate, correct, valid and subsisting information/documents at the time of registration on the Website and anytime thereafter, as may be required (“Registration Data”).
(iii) Indemnify and keep indemnified the Company from and against all claims resulting from the use of any detail/information/registration data that you post and/or supply to the Company. The Company shall be entitled to remove any such detail/information/registration data you posted even without any prior notification.
Further, You hereby agree and confirm that:
By using this Website, you represent that you have read, accepted and are bound by the conditions contained in this Agreement. To assist the smooth functioning of this Dandera Partners Website, we expect users of the Website to follow these few basic guidelines (which form part of the terms and conditions for access and use of the Dandera Partners Website) as are acceptable for a user policy:
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material or for any purpose, without any financial or other obligation to you.
You represent and warrant that all of your User Contributions do and will comply with these Terms and that you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns. While, using some of the tools/features, you may find involvement of of/ by third parties, and Your use of them is also subject to the policies of such third-parties.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We will be under no obligation (i) to maintain any User Contribution in confidence; (ii) to pay you any compensation for any User Contribution; or (iii) to respond to any of the User Contribution. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. We do not regularly review the posted User Contribution nor do we endorse any User Contribution on the Website. Notwithstanding the aforesaid, we reserve the right to remove any post or User Contribution made by you or any other user through any of the Interactive Services offered on the Website.
h. Unless with our prior written permission, no part of the Website may be reproduced or transmitted to or stored in any other Website, nor any of its pages or part thereof be disseminated in any electronic or non-electronic form, nor included in any public or private electronic retrieval system or service.
i. You have a limited permission to display, print or download extracts from these pages of the Dandera Partners Website for your personal, non-commercial and non-profit use only and you shall not be entitled to commercialize any such material or contents on the Dandera Partners Website in any way. Any other use or modification of the content of the Company’s web site without the Company’s prior written authorisation is prohibited. Framing this site or using our proprietary marks as meta tags by you or any person acting on your behalf, without our written consent is impermissible. Use of contact information provided on the site for unauthorized purposes, including marketing is prohibited. Any use intended to impede with the working of the site or to intercept any information from the site is prohibited.
j. You may not (whether directly or indirectly including through the use of any program) create a database in an electronic or other form by downloading and storing all or any part of the pages from the Dandera Partners Website without our prior written consent save as expressly authorised by an agreement in writing between us, provided any copies of the pages of the Dandera Partners Website which you save to disk or to any other storage system or medium may only be used for subsequent viewing purposes or to print extracts for personal non-commercial and non-profit use.
k.You may not amend, republish, distribute, reproduce, adapt or modify any of the materials on the Dandera Partners Website or use any of the materials for public performance or otherwise make commercial use of the Dandera Partners Website or any materials located on it without our prior written consent.
l. You cannot upload on the Dandera Partners Website or submit any content or otherwise distribute or publish through the Dandera Partners Website any matter or material which is or may be considered abusive, pornographic, illegal, defamatory, obscene, racist, threatening, harassing, deceptive, fraudulent, tortious; or which is otherwise unlawful, offensive, profane, or invasive of another’s privacy or designed to cause disruption to any computer systems or network. We shall be entitled without liability to the user and at our discretion to remove any such content from our server immediately.
m. You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Dandera Partners Website, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Dandera Partners Website; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.
n. You shall not, and shall not permit any third party using your account to, take any action, or submit any content, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract; you know is false, misleading, or inaccurate; constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of Dandera Partners or any third party; is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or impersonates any person or entity, including any employee or representative of the Company.
o. You shall not: (i) take any action that imposes or may impose (as determined by Dandera Partners in its sole discretion) an unreasonable or disproportionately large load on Dandera Partners’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of Dandera Partners Website or any activities conducted on the same; (iii) bypass any measures Dandera Partners may use to prevent or restrict access to the Dandera Partners Website (or other accounts, computer systems, or networks connected to the same); (iv) run mail list, listserv, or any form of auto-responder or “spam” on the Dandera Partners Website; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Dandera Partners Website.
p. Dandera Partners Website cannot under any circumstances be used for commercial purposes by any user.
q. You grant us a royalty free irrevocable permission to reproduce, download and print your user submissions / User Contributions in any of the sections on the Dandera Partners Website. You grant to the Company the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to (and to allow others acting on its behalf to) (i) use, edit, modify, prepare derivative works of, reproduce, host, display, stream, transmit, playback, transcode, copy, feature, market, sell, distribute, and otherwise fully exploit your User Contributions and your trademarks, service marks, slogans, logos, and similar proprietary rights in connection with (a) the Services, (b) the Company’s (and its successors’ and assigns’) businesses, (c) promoting, marketing, and redistributing part or all of the Site (and derivative works thereof) or the Services in any media formats and through any media channels (including, without limitation, third-party Websites); (ii) take whatever other action is required to perform and market the Services; (iii) allow its Users to stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the User Contributions and Trademarks in connection with the Services; and (iv) use and publish, and permit others to use and publish, the User Contributions names, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision or marketing of the Services. The foregoing license granted to the Company does not affect your other ownership or license rights in your User submissions/ User Contributions, including the right to grant additional licenses to your User Contributions.
r. We reserve and retain the right or ability to remove the availability or ability of participants to post comments in the event of any breach of these acceptable use provisions.
s. We will enforce appropriate sanctions against any of the users of the Dandera Partners Website who are responsible for abuse of the Dandera Partners Website. Such sanctions may include, but are not limited to (a) a formal warning, (b) suspension of access through the Dandera Partners Website or machines, (c) suspension of access to the Dandera Partners Website, (d) termination of any registration of the user with Dandera Partners Website or services, and (e) appropriate legal action.p
Dandera Partners advises its Users, not to post or upload anything which is abuse of the Website or violate any terms of this Agreement. Dandera Partners also prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. If You come across any such instance of abuse of violation or any content which is objectionable content or further if You believe that any material/information/post/feedback is infringement of any intellectual property right of You or any other person, You shall inform the same to Dandera Partners and Dandera Partners is committed to take appropriate action including validation of Your information and remove/modify the content (if necessary), which is in breach of these Terms or any other applicable law.
Email Abuse and Threat Policy: Private communication including email correspondence is not regulated by the Dandera Partners. Dandera Partners advises its Users not to use/send any such email. Any such reported instance will be investigated and Dandera Partners will take appropriate measures (including legal steps, if required) to stop such practices.
Your Feedback: When You share any feedback or post any comment (including User Contributions) on Website, it is deemed Non-Confidential. Dandera Partners is at liberty to use any such feedback or User Contributions and You represent that: (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Dandera Partners is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Dandera Partners may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Dandera Partners for the feedback under any circumstances.
By placing a booking with us, you express your intention to purchase the Vehicle selected by you on the ‘Book Now’ section of the Platform and agree to be bound by these Terms. Your purchase of the Vehicle and delivery by us of the Vehicle will be subject to your compliance with Dandera Partners Policies and Applicable Laws, regulations and guidelines. Successful booking of the Vehicles is subject to availability of the chosen Vehicle at our showroom.
For online booking of Vehicles, you are required to pay a booking amount of Rs. 999/-through the link provided on the Platform (“Booking Amount”). This shall be a non-interest bearing amount and will confirm your booking of the selected Vehicle upon success of the transaction. The acceptance of payment of Booking Amount on behalf of Dandera Partners is undertaken by a Third Party payment gateway. Dandera partners shall not be responsible for payment issues in respect of online booking through any Third Party payment gateway.
The payment of the Booking Amount to us shall be construed as an offer from your end to purchase the selected Vehicle and shall be adjusted against payment of the Sale Price(as defined hereinafter)of the Vehicle by you. Upon the receipt of the amount in the Bank Account of Dandera Partners , we shall communicate the acceptance of the booking via SMS/email to you. However, the acceptance of the booking will not be construed as completion of the purchase of the Vehicle as it is subject to the payment of balance amount by you, documentation requirements and the Purchase Terms(as defined hereinafter).You agree that Dandera Partners shall not be deemed to have accepted the booking or be bound by the booking until Dandera Partners notifies you of its acceptance of the booking via SMS/email.
You will receive a payment confirmation for booking of the selected Vehicle via SMS/email from us. You can also share your transaction ID with us to view the status of the booking payment. You will be contacted by Dandera Partners to complete the invoicing process on the contact details provided by you during the booking process.
The price displayed of the Vehicle, if any, on the Platform is only the ex-showroom price of the Vehicle. The on-road price is subject to road tax, accessories charges and etc. The “SalePrice” of the Vehicle is the prevailing price as applicable on the date of intimation regarding final Vehicle payment. The balance Sale Price (i.e. balance sale consideration) payable after deduction of the Booking Amount shall be paid directly at the showroom or delivery point as notified by Dandera Partners upon successful booking of the Vehicle.
The ex-showroom price is indicative and may vary at the time of purchase of the Vehicle. The ex-showroom price is inclusive of all applicable taxes. Additional accessories for the Vehicles will need to be purchased at the showroom.
The on-road price includes insurance, registration and road tax. This has to be paid by the User at the showroom. You may request for receipts for the same from the showroom upon payment of the Sale Price.
Dandera provides the option of financing the Vehicles through a financier to the customers by availing a loan facility. If you apply for financing the Vehicle under a loan facility with a financier (i.e., bank or NBFC)you will be governed by the terms and conditions of the said financier. Please refer to these terms and conditions of the financier before proceeding.
All information required from you for the purpose of availing the loan facility will be collected as per the requirements of the financier.
All documents and information provided to us will be passed on to the financier and will not be stored by Dandera Partners.
Dandera Partners shall not be responsible for any actions or omissions of the financier.
Additional charges for availing the EMI may be levied by the financier as per their policy. Please check the terms and conditions of your selected financier for details. Subsidy given is only on the interest component and not on the additional charges levied by bank like PF, interest on moratorium and GST.
Any additional terms and conditions, including conversion to the EMI, may be applied by the financier. Dandera Partners shall not be involved with the particulars of the loan facility availed for the Vehicle.
In case of any issues/clarifications regarding the loan, kindly connect directly with your selected financier. Dandera Partners will not have any involvement in the same.
Dandera Partners reserves the right to discontinue any offer with respect to availing the financing facility at any time without giving any prior notice to you.
Once you opt for availing the loan facility for purchase of the Vehicle, no changes will be entertained by Dandera Partners / the financier.
This loan facility is applicable only for ex-showroom price of Vehicles and for the balance amount including the RTO / Insurance costs and etc.
Upon receipt of the money towards the Sale Price in our Bank Account for the Vehicle selected by you and completion of all documentation requirements, we will communicate the estimated delivery period for your Vehicle and will make all commercially reasonable efforts to deliver the Vehicle within the specified delivery period notified by us.
Any change or delay in the delivery period will 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 the delay in delivery of the Vehicle by us. However, in the event of any delays, you may cancel and claim a refund of your Booking Amount in accordance with these Terms.
Upon payment of the Booking Amount, you may request for cancellation of booking of the Vehicle for any reason within  days from receiving the payment confirmation by us. If the cancellation request is approved by Dandera Partners, the entire Booking Amount will be refunded to you within 60 days from the date of cancellation. The money will be refunded to the same source from which you had made the payment of the Booking Amount. Dandera Partners does not process payments directly and refunds can take up to 1 month or more to reflect in your bank account depending upon the payment provider.
You will only be eligible for cancellation of the booking and refund of the Booking Amount before the payment of Sale Price of the selected Vehicle is made by you.
Please note that once the full payment of the Sale Price of the Vehicle has been made, the sale shall be deemed as complete, and cancellation or claim for any refund amount will not be possible.
All cancellation requests must be made through the option available on the Platform or sent by the Users on [email protected].
You acknowledge and agree that your booking is for the purpose of purchase of a Vehicle only by you and you may not transfer or assign rights granted to you under these Terms to any Third Party.
Links to Third-Party Websites or Information regarding Third-Party Services
Links to third-party websites or information regarding third-party services are provided for convenience only and do not imply any approval or endorsement by the Company of the linked sites or information, even if they may contain the Company’s logo, as such sites or third-party services are beyond the Company’s control. Thus, the Company shall not be held responsible for the content of any linked site or any link or any information regarding third-party services contained therein.
We are not responsible for examining or evaluating, and in no way make any endorsement, warranty, or representation relating to, the content of any such other website/ hyperlink or the quality of any third-party’s products/services and will not be responsible or assume any liability for the actions, products, services, or content of any such other website or its related businesses or products/services. You further acknowledge and agree that we shall not be liable for any damage related to the use of any content, goods, or services available through any third-party website or resource. You acknowledge that framing our Website, or any similar process is prohibited.
We may require certain information and documents from you for processing your booking, complying with statutory requirements, and/or conducting a site inspection for installation of the Vehicle charging station. 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.
The Vehicle is available for booking or sale in such territories as may be designated by us on the Platform. You may not place a booking request for the Vehicle outside these territories.
These Terms are applicable to the booking of the Vehicle. You acknowledge that purchase of Vehicle will be subject to such additional terms and conditions as may be prescribed by us including without limitation, the Dandera Partners General Terms and Conditions (collectively, the “Purchase Terms”). Such Purchase Terms are subject to change, and we recommend that you carefully read and understand all the prescribed Purchase Terms before proceeding with the purchase of the Vehicle and making the full payment.
We reserve the right to revise, modify, or update these Terms from time to time and the most current version will be posted on the Platform. If a revision, in our sole discretion, is material, we will notify you by-mail or through any other means of communication. Other revisions may be updated only on the Platform, and you are responsible for checking such postings regularly. By continuing to use the Platform for booking the Vehicles or any other reason after revisions become effective, you agree to be bound by the revised Terms. The revised Terms shall supersede all prior versions.
In addition, in the event any regulatory authority that has provided us any license to provide the booking of Vehicles on the Platform and/or Platform revokes such license, you hereby agree that we may terminate these Terms, at any time, without liability on our part.
Dandera Partners reserves the right to change the price, model, variants, design, specifications and features of the Vehicles as displayed on the ‘Book Now’ section of the Platform at any time without any prior notice and any liability.
This Website is the exclusive property of the Company. All the contents, documents, information and database included on the Website, including without limitation such text, graphics, images, logos, button icons, pictures, music, sound files, ,animation, audio clips, video clips and their arrangement, demos, digital downloads, data compilations, source code, html codes, reprographics, demos, patches, other files and software), is owned, controlled or licensed by Dandera Partners or its affiliates and is protected or covered by copyright, database rights, trade mark, trade dress and other intellectual property laws and other proprietary rights. These materials may not be copied for commercial use, storage, alteration, duplication, distribution, reproduction, transmission, communication, nor should these objects be modified or reposted to other web sites, apps or other digital content without prior written consent from Dandera Partners. You may use this material for personal and non-commercial purposes in accordance with the principles governing intellectual property laws. Any other use or modification of the content of the Company’s web site without the Company’s prior written authorisation is prohibited and is violation of the copyright of Dandera Partners and/or its affiliates or associates or of its third-party information providers.
The marks ‘Dandera,’ ‘OTUA’, ’the Corporate Logo’, ‘Ridge Device’, model names, logos, emblems, device marks and other marks developed by Dandera PArtners in relation to its goods and services are the trademarks owned by Dandera Partners private limited, which also includes all other graphics, logos, page headers, taglines, button icons, hyperlinks, scripts meta tags and service names. The said trademarks should not be used in connection with any product or service that is not in any manner connected or provided by Dandera Partners, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dandera Partners.
All other trademarks not owned by Dandera Partners that appear on the Website, are the property of their respective owners, who may or may not be affiliated with or connected to Dandera Partners and we do not claim any ownership, right, interest or affiliation with such parties.
Any software, including codes or other materials that are made available for download from the Website, copyright in the pages and in the screens displaying the pages, in the information and material therein and in their arrangement.is the copyrighted work of Dandera Partners and/or its suppliers, holding company or affiliates. If you download software from the Website, use of the software is subject to the license terms in the software license agreement that accompanies or is provided with the software. You may not download or install the software until you have read and accepted the terms of the applicable software license agreement. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited unless otherwise provided for in the applicable software license agreement in the case of software, or the express written consent of Dandera Partners in the case of codes or other downloadable materials
As part of the booking option, we grant you a non-exclusive, limited, royalty-free, revocable license, during the term of the Terms to use our Platform to facilitate the booking of Vehicles. Any rights relating to our Platform and Content that we do not expressly grant to you in writing are expressly reserved, and your access to and use of our Platform does not grant you an express or implied license in respect of any of the Intellectual Property Rights that are owned by, licensed to, or controlled by us and our licensees.
You acknowledge and agree that the ‘Dandera Partners’ and its logo is our trademark and may not be used by you without our prior written consent.
Any distribution, reprint or electronic reproduction of any Content from the Platform, in whole or in part, is strictly prohibited without our prior written consent.
You acknowledge and agree that you shall not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other Intellectual Property or proprietary information accessible through the Platform, without first obtaining the prior written consent of Dandera Partners. Any such use shall constitute infringement of such intellectual property rights of Dandera or their respective third party, upon which Dandera or such third party may initiate appropriate legal proceedings against the User.
If You believe that Your work or someone’s work from whom You are authorized to represent, has been copied on the Website in a way that constitutes copyright infringement, please provide Our product team the written information specified below. Please note that this procedure is exclusively for the purpose of notifying Us only. It does not guarantee, removal of the content from the website and receipt of such notice will not amount to admission by Dandera Partners of any infringement. Any communication received in response to the notice will be without prejudice to our rights under law.
We will notify you of any such Claim or proceeding and assist you, at your expense, in defending the same. We reserve the right to assume, at your expense, the exclusive control and defense of any matter that is or may be subject to indemnification under this section. Should we exercise this right, you nevertheless agree to cooperate with any reasonable requests we make of you to assist with our defense of such matter.
To the maximum extent permitted by law, we will not be liable to you for any Losses, (including loss of information, data, revenues, profits or savings) resulting, directly or indirectly, out of, or in any way connected with your access to, use of, or reliance on the Platform including any special, punitive, incidental, consequential or other Losses, expenses or damages arising out of or in connection with the use of the Platform whether in negligence, contract, tort, strict liability, or any other legal theory. You assume full responsibility for the use of the Platform.
We may at our sole discretion and without assigning any reason whatsoever at any time suspend your access to the Platform without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. We will attempt to inform you of the same. Without prejudice to any other provisions of the Dandera Partners policies, we shall not be liable to indemnify you for any Loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to the Platform for any purchase shall be deducted or refunded or rebated, as a result of such suspension.
Without limiting Clause 17.1 above, if you suffer Losses or damage as a result of our gross negligence or willful failure to comply with our obligations under these Terms or any of the Dandera Partners Policies, any claim by you against us will in any event be limited to the Booking Amount paid by you for booking the Vehicle and in no situation shall it exceed the booking amount.
You expressly agree that in the event of any statute, rule, regulation, or amendment coming into force that would result in Dandera Partners incurring any form of liability whatsoever, these Terms and any agreement thereof will stand terminated 1 (one) day before the coming into effect of such statute, rule, regulation or amendment.
You release us from all liability for you having acquired or not acquired information or content through the Website. The Website may contain or direct you to the websites containing information that some people may find offensive or inappropriate. We make no representation concerning any content on the Website, and you agree not to hold us liable for including but not limited to the accuracy, copyright violations, trademark violations, legality or decency of the material contained in such website.
The Website and its contents are provided on an “As is” and “As available” basis, without any warranties of any kind, either express or implied.
The Vehicle will iall 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 any liability.
The information provided on this Website related to the vehicle features & accessories may differ from those present on the actual physical vehicle. You must check the actual features & accessories before buying the vehicle or taking delivery of the vehicle. This Website should not be regarded as an infallible guide to our products and services. No information provided on this site shall be considered a substitute for your independent investigation. Any reference in this Website to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of the limits prescribed by the authorities.
Any reference in this Website to speed or performance should not be taken as an encouragement to drive either dangerously or at speeds in excess of the limits prescribed by the authorities
Dandera Partners and its licensors and affiliates make no representations or warranties of any kind, express, statutory or implied as to the operation of the Platform, Vehicles or the information, Content or materials included on the Platform. Dandera Partners and its licensors and affiliates disclaim all warranties, express, statutory, or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Dandera Partners is not responsible for the conduct of any User of Platform. Dandera Partners does not warrant or covenant that our Platform will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the access to the Platform is free of viruses or other potentially harmful components. any material or Content downloaded or otherwise obtained through the use of the Platform is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by any user from the Platform, shall create any warranty not expressly stated herein.
Dandera Partners shall not be responsible for the delay or inability to use the Platform, the delay in delivery of Vehicles, or for any information, software, and related graphics obtained through the Platform or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Dandera Partners shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Dandera Partners ‘s control.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from (a) breach of contract, (b) breach of warranty, (c) negligence, or (d) any other cause of action, to the extent such exclusion and limitations are not prohibited by Applicable Law.
Whilst we will use reasonable commercial efforts to ensure that all your submitted Personal Data is accurately captured, extracted and/or entered into our system, we do not warrant that this process or that any reports and/ or analysis generated by the Platform will be 100% error free. You are responsible for reviewing and verifying all such reports and/or analysis and promptly informing us of any errors noted in writing. Subject to that, we will take steps to investigate and rectify any confirmed errors as soon as reasonably practicable following receipt of your notification.
We have no special relationship with or fiduciary duty to you. We do not guarantee the authenticity of any data or information that the users provide about themselves. You acknowledge that we have no duty to take any action regarding any of the following:
What effects the content on the Website may have on the users
How the users of the Website may interpret or use the content
What actions users may take as a result of having been exposed to the content
The information provided on this Website may be related to products or services that are not available in your country. You acknowledge and agree that this Website and all the materials contained in the Website including historical information are provided for informational purposes only and unless specifically stated herein, should not be considered to be a commercial offer, a license or an advisory. No information provided on this Website shall be considered a substitute for your independent investigation. The information available on the Website does not constitute a professional advice, consultation, and/or service.
Where information provided on the Website relates to indications of future trends, events or circumstances, the fact is usually indicated by the use of terms such as “expect”, “plan”, “intend” or like words. As future developments are subject to varying and frequently unforeseeable circumstances and factors, no guarantee can be given as to the accuracy of the statements made relating to such future trends, events or circumstances. You acknowledge that no forward-looking statement will be construed to be a guarantee of future performance and that the actual result could differ materially from those contained in the forward-looking statements. The Company will update any such statements at its own discretion. You are responsible for regularly reviewing these terms and conditions. The stock market and economic data, rates, indices, prices, news, general market related information and such other information and data etc made available is provided solely as a source of information for visitors to the Website and does not represent investment advice or any other form of recommendation. No information on this Website will constitute an invitation to invest in Dandera Partners Private Limited or any of its affiliates, group companies or subsidiaries.
You are responsible for making all arrangements necessary for you to have access to or use of the Website and ensuring that all persons who access or use the Website through your internet connection are aware of these Terms and comply with them.
We do not warrant or represent that this Website or any e-mail sent from us, is or will be free of any viruses or other harmful components, and we do not make any representations or warranties of any kind regarding the consequences of downloading any software, information, or materials from this Website. You assume full responsibility and risk of loss resulting from your downloading or use of any software, information, or materials accessed through or obtained by means of this Website. We recommend that you run a virus check before use of any software provided on this Website and we also recommend that you have an up-to-date backup of your hard disk before using the software. You hereby accept that the Company will not accept responsibility and will not be liable for any disruption, damage and/or loss of data on your data or computer system that may occur while using the software or the Website.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Neither Party shall be liable for any failure or delay on its part in performing its obligations under these Terms, if such failure or delay is due in whole or in part, to “Force Majeure” conditions. Force Majeure for these Terms shall mean incidents which could not have been reasonably predicted and which have resulted from circumstances beyond the control of the affected Party, and which are limited to, acts of God, labor disputes or other industrial disturbances, electrical or power outage, utilities or other telecommunications failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, epidemic, pandemic, acts of terrorism, or war. The Party whose performance is prevented by Force Majeure shall take all reasonable actions within its power to comply as fully as possible herewith and to preserve and protect the respective interests of the other Party hereto. It is clarified that failure to make payments within the prescribed period for any reason whatsoever or insufficiency of funds, shall not constitute a Force Majeure event. It is further clarified that delivery of the Vehicles by Dandera Partners is subject to these Force Majeure conditions.
These Terms will be governed by the laws of India.
The courts of New Delhi, India shall have exclusive jurisdiction over any disputes between the Parties arising out of or in relation to these Terms.
Any complaint or dispute can be raised in writing to us at [email protected]
If any disputes or claims arising under the Dandera Partners Policies or out of or in connection with the execution, interpretation, performance, or non-performance of the Dandera Partners Policies or in respect of the scope, validity or application of the Dandera Partners Policies, or the subject matter hereof (“Dispute”), representatives of the Parties shall cooperate, in good faith, to attempt to amicably resolve the Dispute.
All Disputes that cannot be resolved by the Parties by discussion shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitral tribunal shall consist of 3 (three) arbitrators. Each Party shall appoint 1 (one) arbitrator each and the 2 (two) arbitrators so appointed shall appoint the 3rd (third) arbitrator. The venue of arbitration shall be New Delhi, India. The language of the arbitration shall be English. The decision of the arbitrators shall be final, binding and incontestable and may be used as a basis for judgment thereon anywhere. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
Each Party to the arbitration shall cooperate with each other Party to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other Party in connection with such arbitration proceedings, subject only to any confidentiality obligations binding on such Party or any legal privilege applicable to any such information and/or documents. Each Party shall bear its own costs of the arbitration.
Waiver: The failure of a Party at any time to insist on performance of any provision of the Dandera Partners Policies is not a waiver of that Party’s right at a later time to insist on performance of that or any other governing provision of the Dandera Partners Policies.
Severability: If any term or provision of the Dandera Partners Policies is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms and provisions of the Dandera Partners Policies shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
Notices: We may provide any notice to you under any Dandera Partners Policies by sending a message to the email address provided by you during the booking process. Notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address specified by you when we send the email, whether or not you actually receive the email. To give us notice under any Dandera Partners Policies, you must contact us by email, personal delivery, overnight courier or registered mail to the mailing address listed below. Notices to Dandera Partners must be sent by email to the email address specified in this Clause or to any other email address notified by email to the User by Dandera Partners, or by electronic communication via the Platform from time to time for such purpose. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective 1 (one) business day after they are sent. Notices provided by registered mail will be effective 3 (three) business days after they are sent.
Dandera Partners Private Limited
Address: Global Business Square, Building no. 32, Sector 44, Gurugram, Haryana
Email: [[email protected]]
The User shall not have the right to assign or transfer the Dandera Partners Policies, or any part thereof, without the prior written consent of Dandera Partners. Any assignment without such consent shall be void and have no effect. Dandera Partners shall have the right to assign or transfer the Dandera Partners Policies without requiring the prior approval of the Users. Subject to the foregoing, the Dandera Partners Policies will be binding upon, and inure to the benefit of, the Parties and their respective permitted successors and assigns.
Rights of Third Parties
No Third-Party shall have any right or benefit under Dandera Partners Policies or entitlement to enforce any term of the Euler Motors Policies.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform (“Feedback”). You may submit Feedback by writing to us at [email protected].
You acknowledge and agree that the Feedback will be the sole and exclusive property of Dandera Partners and you hereby irrevocably assign to Dandera Partners and agree to irrevocably assign to Dandera Partners all of your rights, title, and interest in and to the Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or Intellectual Property Rights therein. At Dandera Partners’ request and expense, you will execute documents and take such further acts as Dandera Partners may reasonably request to assist Dandera Partners to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections for the Feedback.