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Terms of Use

OLA Electric Technologies Private Limited

Last Updated: 21st April, 2022

Ola Electric Technologies Private Limited (“Company”) is engaged in the business of providing services across the electric vehicles segment, including manufacture and sales of electric vehicles. These Terms of Use (“Terms of Use”) apply to You while using the Ola Scooter and during Your access and use, of the Ola Electric Companion Application, CApp, application (“Application”) whether through a computer or a mobile phone, and govern the access or use of all information, recommendations, content, products, and or Services provided to You on or through the Application. These terms also apply to users to whom you have given access to use the services.

Your access and use of the Application and/or Services constitutes your acceptance to be bound by these Terms of Use, which establishes a binding contractual relationship between you and the Company. If you do not agree to these Terms, you may not access or use the Application and the Services. The Terms of Use expressly supersede prior agreements or arrangements with you. The Company may immediately terminate these Terms of Use, or generally cease or suspend the Application, or deny access to the Services or any portion thereof, at any time for any reason. The Company may amend the Terms of Use from time to time. Your continued access or use of the Application or the Services would also constitute your acceptance to be bound by the Terms of Use, as and when they are amended.

During our engagement with You or during the course of providing the Services, we would be collecting certain personal data. The collection and use of personal information in this connection is provided in Company’s Privacy Policy located at link.

These Terms of Use is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. These Terms of Use is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Application.

SECTION 1

Eligibility

You will be eligible to register for the Application and use our products and/or Services only when You fulfil all of the following conditions: (i) You have attained at least 18 (eighteen) years of age; and (ii) You are competent to enter into a contract under the applicable laws.

The Company will not be responsible for any consequences that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Application and/or Services.

Registration and Account

• You understand and acknowledge that You can register on the Application only after providing your registration data which shall include present, valid, true and accurate name, email ID, phone number and such other information as may be required by the Company from You from time to time for registration on the Application (“Registration Data”) .


• Upon successfully providing your Registration Data and uploading all the requisite documents, as may be required, Your account shall be created for availing the Services provided by the Company (“Account”).


• You shall ensure that the Registration Data provided by You is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by You.


• You are solely responsible for maintaining the confidentiality of Your Registration Data and will be liable for all activities and transactions that occur through Your Account, whether initiated by You or any third party. Your Account cannot be transferred, assigned or sold to a third party. We shall not be liable for any loss that You may incur as a result of someone else using Your password or Account, either with or without Your knowledge.


• We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.


• Except for the Registration Data or any other data submitted by You during the use of any other service offered through the Application (“Permitted Information”), the Company does not want You to, and You should not, send any confidential or proprietary information to the Company on the Application or otherwise, unless otherwise is required by applicable laws. In accepting these Terms of Use, You agree that any information or materials that You or individuals acting on Your behalf provide to the Company other than the Permitted Information will not be considered confidential or proprietary.


• It is Your responsibility to check to ensure that You download the correct application for Your device. We are not liable if You do not have a compatible mobile device or if You download the wrong version of the Application for Your mobile device. We reserve the right to terminate the Service and the use of the Application should You be using the Service or Application with an incompatible or unauthorized device.


• We allow You to open only one Account in association with the Registration Data provided by You. In case of any unauthorized use of Your Account please immediately reach Us at support@olaelectric.com


• In case You are unable to access Your Account, please inform Us at support@olaelectric.com and make a written request for blocking Your Account. We will not be liable for any unauthorized transactions made through Your Account prior to the expiry of 72 (seventy-two) hours after You have made a request in writing for blocking Your Account, and shall not have any liability in case of Force Majeure Event.

Services

1. The Company is engaged in the business of providing various offerings, information, and/or promotions across the electric vehicles segment, including, but not limited to sale of electric vehicles to You through the use of the Application (“Services”). The Services, while enabling you to perform multiple functions in relation to electric vehicle, also refer to (i) activities by You in relation to Application, such as downloading and/or installing the Application; (ii) use of the Application for placing an order of an electric vehicle; (iii) for scheduling a test drive of the electric vehicle; (iv) exploring different offerings in relation to the electric vehicle or other offerings by the Company or its affiliates; or (v) posting content submitted by You.


2. The Services may also include provisioning of various features to You through the Application which will enable You to control and manage features of the electric vehicle, or the Application (examples of which include scheduling of such services, messaging, notification, Application related information and updates, offered by the Company, either alone or in collaboration with independent third-party service providers.


3. The Application permits you to avail multiple features that are enabled through the Application which also are included as part of the Services. Please be informed that you cannot set up the Application until you are using the latest version of the software and link your phone number with the scooter. You can link only one phone number with your scooter
   
   
   1. Locking or Unlocking using the Application: In order to safely and easily lock or unlock your scooter, follow the steps below:
      • Walk up to your scooter within the Bluetooth range of a few meters.
      • Open the Application on Your phone and click on ‘Unlock’, or ‘Lock’ button present on the Application’s home tab, as may be required.
      Please be informed that you will receive a push notification in the event the handle lock is not locked/unlocked properly due to the handlebar not being in the correct locking position. This will be indicated through a push notification (in the app pop up) and in the home screen of the Application.
   
   
   2. Accessing the Trunk from the Application:
      
      
      • Walk up to your scooter within the Bluetooth range of a few meters.
      • Open the Application on your phone and on the home screen of the Application, locate and click on the “Trunk” button. You will hear a “click” sound from the scooter’s seat.
      • Lift the seat in order to access the trunk.
      • To Lock the trunk, place the seat down and press firmly in a downward motion. You will hear another “click” sound. Be sure to double-check if the seat is locked properly.
   
   
   3. Checking the current battery level from the Application: From the home screen of the Application, you can see the current battery level as well as the estimated range left in your Ola S1 series scooter. You do not need to be within the Bluetooth range of the scooter to see the battery status. You can check the current status of your scooter including battery, range, locked, or unlocked status from anywhere as long as you have an active internet connection on your mobile device.
   
   
   4. One device login: You can register only one mobile number per scooter. You may use your scooter by logging in to the Application from one device only. Please note that if You login from another device You will automatically be logged out of the first device.
   
   
   5. Change Passcode: If you suspect that somebody knows the passcode of your scooter, or you have shared the passcode with someone, please change the passcode using this option. It is advisable that you change the passcode immediately if you share your scooter with someone else. Your passcode is your key to Your scooter, so always keep it a secret.
      
      Please note that you will be solely responsible for setting up the passcode for your account however you cannot use the default passcode being ‘000000’ or Your existing passcode as your new passcode. You agree and acknowledge that using a weak passcode may compromise the safety and security of your scooter and We shall in no manner whatsoever be responsible for the same.
   
   
   6. About Scooter: Get details about your scooter like the chassis number and the Software Version etc. You can also change the name of your Ola Scooter from this screen.
   
   
   7. Your Profile: See the information about you that is stored with us. You can sign out from the Application by clicking on your name and then clicking sign out.
   
   
   8. Home screen cards: These cards give you several options related to the functionalities of the scooter. For instance, you’ll have the option to pair your registered mobile device via Bluetooth pairing with the scooter You will also be notified of any scooter updates or Application updates. For your convenience, a link to the user manual will also be made accessible on the home screen cards.
   
   
   9. Bluetooth pairing: Please note that by enabling the Bluetooth option available in the home screen card of the Application, you will be able to pair the scooter for necessary controls such as lock, unlock, trunk etc.
   
   
   10. Music: In order to pair for music controls, you will have to search and pair the scooter through your mobile’s Bluetooth setting and not through the Applications settings.
   
   
   11. Notifications: You will receive notifications via push notifications/pop-ups for the purposes mentioned below. It is advised you enable the notifications option in order to continue receiving information/updates, if not automatically enabled.
       
       
       1. If someone is trying to unlock the scooter and enters the incorrect passcode 5 (five) times;
       2. If the handle lock is not locked/unlocked properly
       3. To nudge you to enable the app notifications in case they are not enabled;
       4. Such other scooter related updates.
       
       For the above purpose, You hereby give your consent to receiving such notifications which may include marketing and/or promotional communications from Us through all communication channels including but not limited to SMS, WhatsApp, e-mails and push notifications.
   
   
   12. Online Support: Click on this option if you need assistance with your Ola Scooter. You can browse through our FAQs section, request a callback, or chat with an available customer representative.
   
   
   13. Privacy and Legal: Read through our privacy policy and terms of use. By using our services you agree to these terms and conditions.
   
   
   14. Roadside Assistance: To get immediate assistance due to a scooter malfunction, you can call the number on the screen which will provide for roadside assistance.
   
   



Permissions

4. In order to provide the services, please note that the following permissions are sought from you. While you have a choice to allow or deny the following permission, we suggest that you allow them for better functionality of the Application:
   
   In case you are an iOS user:
   
   
   1. Permission to send push notifications: For the said purpose, you are required to click on the “Please allow push notifications so that you do not miss the important updates from the scooter” as reflected on the Application prior to the system pop-up. Please be informed that at this stage if you deny providing this permission, you will no longer be able to provide your permission with just one click and you will have to enable the same by going to your system settings on the Application.
      
      Please be informed that android users are allowed push notifications, by default and the above procedure for allowing push notifications is applicable only to IOS users.
   
   
   2. Bluetooth pairing permission during onboarding.
   
   
   
   
   If you are an android user:
   
   
   1. Location access: Android requires location permission to access Bluetooth. For Android 11 or lower, the permission required for Bluetooth connection are, ‘ACCESS_FINE_LOCATION’ and ‘ACCESS_COARSE_LOCATION’. From Android 12 onwards, the permission required for Bluetooth connection are ‘BLUETOOTH_SCAN’ and ‘BLUETOOTH_CONNECT’.
   
   
   2. In addition to the above, the following implicit permissions are taken during Application installation without any separate pop-up: ‘BLUETOOTH_ADMIN’, ‘FOREGROUND_SERVICE’, ‘BLUETOOTH’, ‘RECEIVE_BOOT_COMPLETED’, ‘INTERNET’, ‘ACCESS_NETWORK_STATE’, ‘ACCESS_WIFI_STATE’
      
      Please note that android apps are allowed push notifications by default. If you explicitly turn off the notification permission, a homecard appears to nudge you to give permissions from settings.
      
      You can choose to not avail certain services provided to you via Bluetooth connectivity in which case you will not be able to lock or unlock the scooter, open the trunk or play music through the Application. However, these services (except for the play music option) will still be accessible to you through the scooter directly.
   
   

Warranties

5. By using the Application or the Service, You further agree that: (i) You will only use the Service or download the Application for Your sole, personal use and will not resell or assign it to a third party; (ii) You will not use an account that is subject to any rights of a person other than You without appropriate authorization; (iii) You will not use the Application and/or Service for unlawful purposes and/or download an illegal/unauthorized version of the Application; (iv) You will not try to harm the Application, Service, or our network in any way whatsoever; (v) You will provide the Company with such information and documents which the Company may reasonably request; (vi) You will only use an authorized network to avail the Service; (vii) You are aware that when requesting Services, whether by message, via Application or calling the call center of the Company, standard messaging charges, data charges, voice charges, as applicable, of Your and Our phone network service providers, will apply; (viii) You will comply with all applicable law from Your country of domicile and residence and the country, state and/or city in which You are present while using the Application or Service; and (ix) You are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.


6. The Company reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, the Company will store the information provided by You or record your calls for contacting You for all Service related matters. You shall promptly inform the Company on any change in the information provided by You.


7. The Company or its authorized representative, shall provide information regarding services, discounts and promotions (if any) provided by the Company or a third party service provider to You on the Application or by way of an SMS or email to Your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, You may at any point of time visit the specific link provided by the Company, in this regard.


8. THE COMPANY WILL BE ENTITLED TO PROCESS AND TRANSFER YOUR INFORMATION AS AND WHEN IT DEEMS FIT AND IT MAY STORE OR TRANSFER YOUR INFORMATION IN A SERVER OUTSIDE INDIA IN ORDER TO PERFORM ITS OBLIGATIONS UNDER THESE TERMS OF USE, IN ACCORDANCE WITH THE TERMS OF THE PRIVACY POLICY.


9. You agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty- free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in your information, in any media now known or not currently known, with respect to Your information. YOU AGREE AND PERMIT THE COMPANY TO SHARE YOUR INFORMATION AND/OR PERMITTED INFORMATION, WITH THIRD PARTIES, IN ACCORDANCE WITH THE TERMS OF THE PRIVACY POLICY.


10. You agree and permit the Company to share any information provided by You with third parties in order to facilitate provision of certain value-added services offered by such third parties to You and/or to provide certain value-added services to You by the Company. This sharing will however not include any sensitive personal data or information which will only be transferred if it is necessary for the performance of Our contract with You or we seek Your consent in that regards. You hereby expressly consent to receive communications from the Company/ third parties offering value-added services to You through Your registered phone number and/or e-mail id and/or the Application. You agree that You will not hold the Company responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of Your registration on the national do not call registry. You may opt-out from receiving such communications at any point by visiting the specific link provided by the Company in such communications.


11. The Company will be entitled to enter into any tie-up in terms of joint-venture or otherwise with any other institution engaged in the business of providing services analogous and/or similar to those herein contained. In such case, depending upon the modality and the mechanism as may be devised, You will be provided with the services by the Company jointly and/or severally with the party/ies in joint venture. You hereby give Your irrevocable consent and permission to such a tie-up. In the event of such a tie- up, the terms and conditions herein contained will, mutatis mutandis, become applicable in respect of such tie-up arrangement also.


12. In the event the Company provides You any scooter for testing as a part of the Services, You shall comply with the following: (i) You will ensure no damage is caused to the scooter in the course of your use/ testing the same and the same is returned in good condition; (ii) You agree that the Company can charge you for any such damage caused to the scooter while being used by You; (iii) You will use the test scooter only for the purpose of testing and shall not exceed the predetermined time/ distance.

Upgrades

As a smart scooter, Your scooter will keep getting new features via over-the-air updates, so be sure to check our website for all the latest features. In addition to the same, You will receive important updates of the scooter if You allow us to send You push notifications. For the said purpose You are required to click on the “Please allow push notifications so that you do not miss the important updates from the scooter” as reflected on the Application prior to the system pop- up. Please be informed that at this stage if You deny providing this permission, You will no longer be able to provide Your permission with just one click and You will have to enable the same by going to Your system settings on the Application.

Please be informed that android users are allowed push notifications, by default and the above procedure for allowing push notifications is applicable only to IOS users.

Content Posted by You

The Company may accept posting of any notes, messages, e-mails, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information given by you on the Application (“Posted Content”) by You. You represent that You have obtained all permissions and consents required to post the Posted Content. The Company shall not in any manner be responsible for or endorse the Posted Content.

You agree that when posting Posted Content, You will not:

1. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, blasphemous, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, patently false, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful material or information.


2. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless You own or control the rights thereto or have received all necessary consents.


3. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.


4. Advertise or offer to sell or buy any goods or services for any business purpose, unless the Application specifically allows such messages.


5. Conduct or forward surveys, contests, pyramid schemes or chain letters.


6. Download any file posted by another user that You know, or reasonably should know, cannot be legally distributed in such manner.


7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.


8. Deceive or mislead the addressee about the origin of a message or communicate any information which is grossly offensive or menacing in nature.


9. Restrict or inhibit any other user from using and enjoying the Application.


10. Violate any code of conduct or other guidelines which may be applicable for any particular Posted Content.


11. Harvest or otherwise collect information about others, including e-mail addresses, without their consent.


12. Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.


13. Violate any applicable laws or regulations including the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.

Refund and Cancellation

You can cancel Your purchase at any time before Your scooter is shipped from the Ola Futurefactory and get a refund of Your advance payment (i.e., INR 20,000/-) and reservation amount (i.e, INR. 499/-). The money will be credited to Your source account within 7-10 business days depending on the mode of payment.

Indemnification

By accepting these Terms of Use and using the Application and/or Service, You agree that You shall defend, indemnify and hold the Company, its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) Your violation or breach of any term of these Terms of Use or any applicable law or regulation, whether or not referenced herein; (b) Your violation of any rights of any third party; and\or (c) Your use or misuse of the Application and/or Service.

Application License

1. Subject to Your compliance with these Terms of Use, the Company grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable license to download and install a copy of the Application on a single mobile device that You own or control and to run such copy of the Application solely for Your own personal use and to avail the Services.


2. You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Application in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” the Application on any other server or wireless or Internet-based device; (iv) decompile, disassemble, reverse engineer or access the Application in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Application, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service and/or Application.


3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Service or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Service or its related systems or networks.


4. The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that the Company has the right to monitor Your access to or use of the Application for the purpose of operating the Application and Service, including by use of technology-based automatic tools or other mechanisms for proactive identification and removal of unlawful content, to ensure Your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other Governmental body. The Company reserves the right, at any time and without prior notice, to remove or disable access to any content that the Company, at its sole discretion, considers to be in violation of these Terms of Use or otherwise harmful to the Service and/or Application.

Software License:

You acknowledge that the Application is supported by certain underlying software and open source software components. The same may utilize or include third party software components as well. The copyright notices, license terms, disclaimers and acknowledgements for such third party software components are contained in the electronic documentation available here. Your use of such third party software components is governed by the respective third party license terms and in addition to such terms the disclaimer of warranty and limitation of liability provision under these Terms of Use shall apply. In the event of any conflicts between these Terms of Use and any applicable third party license terms, such third party license terms will apply solely with respect to the applicable third party software component.

Further, You shall not and shall not allow any third party to:

• modify, create derivative work, enhance, adapt, decrypt, reverse engineer, decompile or disassemble the software product including but not limited to the underlying software and open source software components, or otherwise attempt to derive the source code for the software product except and solely to the extent required by the applicable third party licensing terms governing the use of certain third party software components that may be included in the software product.


• remove, minimize, obscure, block or modify any proprietary notices of the Company or its suppliers in the software;


• use the software in any way that is against the law.

Intellectual Property

1. The Company alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by You or any other party relating to the Application or the Service. Third party trademarks, if any, may appear on the Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, You need to get permission directly from the owner of the intellectual property for any use.


2. These Terms of Use do not convey to You any rights of ownership in or related to the Application or the Service, or any intellectual property rights owned by the Company. You shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Application.


3. You may use information on the Application purposely made available by the Company for downloading from the Application, provided that You:
   
   
   1. do not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
   
   
   2. use such information only for Your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
   
   
   3. do not make any additional representations or warranties relating to such information.
   
   

SECTION 2

Ola Electric Owners Community

Customers can now access the 'Ola Electric Owners Community' through the entry point named ‘Ola scooter owners club’ in the hamburger menu on the Companion App. This Ola Electric Owners Community offers a common - non-public platform to the Customers and the Company to interact with each other with the purpose of making our Ola Electric Owners Community stronger and to extend our Mission Electric towards a positive direction. The Ola Electric Owners Community can be accessed through the companion app and the Customer will be redirected to the Discourse page where they will be automatically signed in with their login credentials. Customers can start their own threads and can also participate in new discussion threads started by the Company itself. It is pertinent to note that the login credentials used above should be the same with which they had logged in to purchase their Ola Electric Scooter. The Ola Electric Owners Community strictly prohibits use of any profane, violent or objectionable content (including but not limited to words and pictures) which results in outraging the modesty of a person (natural or body corporate) or disparaging the Company’s brand in any manner whatsoever. The Company through its moderators reserves the right to approve or reject posts shared by Customers in the Ola Electric Owners Community AND the Company’s decision in this regard shall be final and binding. The Company further reserves the right to initiate appropriate legal action against such posts as mentioned above. The Customers are further restricted from making copies of any format of the discussions threads on the Ola Electric Owners Community on any media platforms, including but not limited to social media platforms, existing or prospective without prior written consent of the Company. Once the Ola Electric Owners Community is accessed, the Customer shall be governed by the instant Terms and Conditions and the Terms of Use and Privacy Policy of Discourse.

DISCLAIMER

The Services and/or Application and all content displayed therein are provided on an “as is” basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, accuracy, timelines, performance, safety, completeness, suitability, non-infringement, legality of the products listed or displayed or the content (including product information and/or specifications). You acknowledge, by Your access to the Application, that Your access of the Application and availing of Services is at Your sole risk, that You assume full responsibility for Your access and use of the Application, and that the Company shall not be liable for any damages of any kind related to Your access and use of the Services and/or Application. It is further clarified that the Company shall not be responsible for Your use of any unauthorized and/or illegal versions of the Application that may be unlawfully created by a third party including but not limited to the download of any unauthorized version of the Application from third party application stores and/or any other medium.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

We do not authorize anyone to make a warranty on Our behalf and You shall not rely on any statement of warranty as a warranty by Us.

The Company and their representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from Your use or non-use of the Service or the Application, or Your reliance upon the Service or the information contained in the Application (whether arising from the Company or any other person's negligence or otherwise).

All images, audio, video and text in the Application are only for illustrative purposes. None of the models, actors, audio/voice recordings or products in the images, if any is endorsing the Services in any manner. Any resemblance of any matter to anybody or anything is purely unintentional and/or coincidental.

The Company is not engaged in the insurance or financing business and does not provide any insurance or financing services. The Company does not guarantee or make any promise in relation to the insurance policy/ insurance company financing services/financing company, including but not limited to any benefits from use of the insurance/financing services provided by the respective companies.

Any claim or servicing of insurance policies, raised through the Application, remains a matter between You/and the insurance company, and the Company shall not be responsible for the actions of the insurance company or the customer. It is to be noted that the insurance policy number, claim certificate, invoice for the insurance premium/ fee collected from the customer is not be issued by the Company, but will be issued by the respective insurance company. Any issues in receiving tax invoices or issues faced in claiming the insurance are not the responsibility of the Company. The Company disclaims any and all liability in relation to the services of the insurance company. Please reach out to the insurance company in case of any questions/ issues.

Any information relating to any financing facility which may be availed by You and is being displayed on the Application remains a matter between You and the financing partner, and the Company shall not be responsible for the actions of the financing partner company or the customer. It is to be noted that the details of the facility agreement and any fee charged in relation to the same and any invoices etc, from the customer is not be issued by the Company, but will be issued by the respective financing partner company. Any issues in receiving tax invoices or issues faced in relation to the loan are not the responsibility of the Company. The Company disclaims any and all liability in relation to the services of the financing company. Please reach out to the facility company in case of any questions/ issues.

Modification of the Terms of Use

The Company reserves the right, at its sole discretion, to modify or replace, in part or full, any of these Terms of Use, or change, suspend, block, discontinue or restrict Your use to all or any feature of the Service or Application at any time.

The Company shall not be required to notify You of any changes made to these Terms of Use. The revised/updated Terms of Use shall be made available on the Application. You are requested to regularly visit the Application to view the most current Terms of Use. You can determine when the Company last modified the Terms of Use by referring to the “Last Updated” legend above. It shall be Your responsibility to check these Terms of Use periodically for changes. The Company may require You to provide Your consent to the updated Terms of Use in a specified manner prior to any further use of the Application and the Services. If no such separate consent is sought, Your continued use of the Application and/or Service, following the changes to the Terms of Use, will constitute Your acceptance of those changes. Your use of the Application and the Services is subject to the most current version of the Terms of Use made available on the Application at the time of such use.

General Provisions

• Notice: All notices served by the Company shall be provided via email to Your account or as a sms to Your registered phone number or as a general notification on the Application. Any notice to be provided to the Company should be sent to legal@olaelectric.com


• Entire Agreement: This Terms of Use, along with the Privacy Policy, and any other guidelines made applicable to the Application from time to time, constitute the entire agreement between the Company and You with respect to Your access to or use of the Application and the Services thereof.


• Conflict: In the event of any contradiction or inconsistency between these Terms of Use and any other agreement executed between You and the Company, the terms of these Terms of Use shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under these Terms of Use.


• Force Majeure: We shall not be liable for any failure to perform any obligations under this Terms of Use, if the performance is prevented, hindered or delayed by any event arising due to any cause beyond the reasonable control of the Company (“Force Majeure Event”) and in such case our obligations under this Terms of Use shall be suspended for so long as the Force Majeure Event continues.


• Assignment: You cannot assign or otherwise transfer Your obligations under these Terms of Use, or any right granted hereunder to any third party. The Company's rights under these Terms of Use are freely transferable by the Company to any third parties without the requirement of seeking Your consent.


• Severability: If, for any reason, a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of these Terms of Use shall continue in full force and effect.


• Waiver: Any failure by the Company to enforce or exercise any provision of these Terms of Use, or any related right, shall not constitute a waiver by the Company of that provision or right.


• Relationship: You acknowledge that Your participation on the Application, does not make You an employee or agency or partnership or joint venture or franchise of the Company.


• Governing Law & Jurisdiction: These Terms of Use shall be governed by the laws of India and the Courts at Bangalore shall have exclusive jurisdiction to try any disputes arising herein.

Feedback

Any feedback You provide with respect to the Application shall be deemed to be non- confidential. The Application shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Application 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 the Company for the feedback under any circumstances, unless specified.

Customer Care:

We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues or have grievances under these Terms of Use, please contact our Grievance Officer.

Contact Details of our Grievance Officer

Email Address- support@olaelectric.com

Ph No: 080-6896 4071