These terms and conditions (“T&C ”) shall regulate and govern the relationship between ELECTRO-TECH TRANSMISSION PVT. LTD. manufacturer of electric two-wheeler under the name “Strikeco” and operating website www.strikeco.co.in (“Platform”) (as defined hereinafter as “Company”, which expression shall unless repugnant to the context or meaning thereof deemed to include their executors, administrators, legal representatives and assigns) and you the User expressed interest and registered on the Platform by providing details therein (as defined hereinafter as “User”/ “You”), which expression shall unless repugnant to the context or meaning thereof deemed to include his/her heirs, administrators and executors). Company and the User are hereinafter collectively referred to as "Parties" and individually as "Party".
This T&C (as amended from time to time including all Schedules and Annexures hereto) shall constitute a legally valid and binding contract under Applicable Laws and shall govern the use of Company and You.
Users of the Strikeco and Strikeco related Platform and the features therein are governed by this T&C, which includes any notifications and communications sent to the User which are incorporated by way of reference. A User shall be contracting with Company by expressing interest and registering on the Platform, and this T&C constitutes binding obligations of the User with the Company.
Company reserves the right, at its sole discretion, to change, modify, add, or remove portions of the T&C at any time. All modifications shall be notified to the User.
All terms and expressions when used with capitalized first letter shall have the meaning ascribed to them under ANNEXURE 1.
All terms and expressions which have been defined elsewhere under this T&C shall have the meaning ascribed to them thereat if defined for use in bold within by quotes (“”).
The use of the Strikeco Platform and other is only available to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Strikeco Platform. Company reserves the right to terminate a user’s registration and/or refuse a User access to the Platform if it is brought to Company ’s notice or discovered that a User is under the age of 18 years.
By registering on the Platform, a User agrees to provide Personal Information to Company.
REPRESENTATIONS AND WARRANTIES
The User hereby represents, warrants and covenants that all information provided by it is true and correct and that no misrepresentations or misleading statements have been made. The User further represents, warrants and covenants that it satisfies the eligibility criteria set out above, and has all requisite competence, power and authority to accept the terms of this TOU and perform its obligations hereunder. The User shall comply with all Applicable Laws in relation to any transactions facilitated by Company.
A User shall ensure that he/she does not carry the following items while using Strikeco and availing Strikeco services: (a) weapons or any sharp or inflammable objects which may endanger human life; (b) any item/object whose possession has been deemed illegal as per Applicable Law; (c) any item or object which compromises the stability, safety of the vehicle and/or its passengers.
A User shall also ensure that he/ she: (a) shall not publish any Prohibited Communication on the Platform; (b) will not act in a manner that would constitute misbehaviour or conducts himself/herself in a manner that is regarded as inappropriate, unlawful or illegal; (c) shall not use offensive, harmful or deceptive information when using the Strikeco service platforms; (e) shall not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; or (f) infringe any intellectual property rights of Strikeco.
The above lists are only indicative and not exhaustive. Company reserves the right at its sole discretion to identify any activity/ use as inappropriate and prohibited. Any unreasonable, unwarranted, illegal, unethical or inappropriate conduct while availing Strikeco related services such as Bounce battery bank shall be deemed a material breach of this T&C. The User. Without prejudice to its rights, claims and contentions under the law and equity, Company reserves to terminate/suspend a Users’ registration and/or withdraw access to the Strikeco platform and/or levy a penalty, if the User acts in any manner prohibited by Company.
INDEMNITY AND LIMITATION OF LIABILITY
The User shall indemnify, keep indemnified and hold Company , its affiliates, directors, officers, employees, agents and representatives harmless from and against any action, suits, complaints, proceedings, damages, losses, costs, expenses (including reasonable attorney's fees and court costs), fines, penalties, claims, counterclaims, actions or liabilities incurred or suffered by Company and/or of its affiliates, directors, officers, employees, agents and representatives in any manner as a result of (a) any breach this TOU by the User; and (b) any act or omission of a User that results in personal injury (or death) or tangible or intangible property damage (including loss of use) to another User or any third-party.
Not withstanding anything contained in this T&C, the User hereby acknowledges that under no circumstances shall Company be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from (i) the use of the Platform, or (ii) the User’s inability to use the Platform.
If the compliance of its obligations under this T&C by Company is delayed, prevented, restricted or interfered with by reason of Force Majeure, then Company, upon giving written notice to the User, shall not be liable for non-performance of such obligations.
PRIVACY AND DATA PROTECTION
Company shall bear no liability for any Personal Information that is inadvertently shared by any party other than Company with any third party.
A User shall expressly consent to receive communications from Company through either a registered phone number and/or other means of communication. By accepting this T&C, a User agrees that any communication so received from Company will not amount to spam, unsolicited communication or a violation of any registrations on the national do not call registry.
GOVERNING LAW AND JURISDICTION
This T&C shall be governed by the laws of India. Disputes between the Parties in relation to this T&C, shall be subject to the exclusive jurisdiction of courts in Bangalore, subject to the arbitration process set out below.
In the event of any dispute between the Parties, the Parties shall first attempt to resolve the dispute amicably within 15 (fifteen) days of raising a notice of dispute on the other Party. In the event the amicable resolution of dispute fails, the Parties shall refer the same to arbitration in accordance with the Arbitration and Conciliation Act, 1996. The arbitration panel shall comprise of a sole arbitrator to be mutually agreed upon by the Parties. The venue of arbitration shall be Indore and the language of arbitration shall be English.
The Platform is owned by the Company in case of issue, concerns, query or complaint please write to us @ e-mail: email@example.com
The rights and obligations of a User under this T&C are not assignable or transferable, in whole or part. Any attempt to transfer the same without the written consent of Company shall be void and of no force and effect. Company reserves the right at its sole and absolute discretion to assign the rights and obligations under this T&C to an affiliate or to another entity in connection with a corporate transaction or otherwise. If any clause or provision of this T&C, or the application of such clause or provision, is held invalid by a court of competent jurisdiction, the remainder of this T&C, and the application of such clause or provision to persons, or circumstances other than those with respect to which it is held invalid shall not be affected. Waiver by Company of any term or condition of this T&C at any one instance shall not be deemed or construed to be a continuing waiver of such term or condition for the future or any subsequent breach thereof. Nothing in this T&C will be deemed to either constitute a partnership or agency between the Parties for any purpose. Company shall render all the Services as an independent contractor. It is intended that the obligations under this T&C shall always be maintained and performed on an arm’s length basis.
This TOU is an electronic record in terms of Information Technology Act, 2000, the applicable rules thereunder and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
ANNEXURE 1- DEFINITIONS
In this T&C, unless repugnant to the context thereof, the following terms shall have the meaning ascribed to them hereunder:
“App/Application” shall mean Strikeco’s software(s) including mobile application available on iOS and Android operating systems.
“Applicable Law” includes all statutes, enactments, acts of legislature or parliament, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders, requirement or other governmental restrictions or any similar form of decision of, or determination by, or any interpretation, policy or administration of, any government, statutory authority, tribunal, board, court having jurisdiction over the matter in question in India.
“Strikeco Platform” shall mean the independent platform operated by Company on the mobile application stores including web version.
“Force Majeure” shall mean and include fire, flood, earthquake, elements of nature, epidemics or quarantine restrictions or acts of God or terror; riots, civil disorders, rebellions, or revolutions in any country; strikes, lockouts, or any other similar cause beyond the reasonable control of a Party, not reasonably foreseeable, not caused by acts or omissions of the Party affected and that could not have been avoided through a work around plan which prevent the Party from discharging its obligations under this TOU.
“Governmental Authority” shall mean means any national, federal, state, local, municipal district or other sub-division governmental or quasi-governmental authority, statutory authority, government department, agency, commission, board, tribunal or court or other law-, rule- or regulation-making entity
“Personal Information” shall mean any personally identifiable data shared by the User with Company including the User’s name, registration details, vehicle details, address, contact numbers, email id, gender, age, driving license details, address proof, identity proofs, device location, and internet protocol address.
“Prohibited Communication” shall mean any communication shared on the Bounce Platform that meets the description set out in Annexure 2.
ANNEXURE 2- PROHIBITED COMMUNICATION
A User shall not host, display, upload, modify, publish, transmit, update or share any Prohibited Communication which shall include any information which:
a) belongs to another person and over which a User has no right;
b) is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to amounting to an ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
c) is false, inaccurate or misleading in any way;
d) is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
e) involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
f) infringes upon or violates any third party's rights [including but not limited to intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
g) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
h) contains unauthorized videos, photographs or images of another person (whether a minor or an adult);
i) interferes with another’s use and enjoyment of the Platform;
j) contains software viruses or any other computer codes, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept, or expropriate any system, data, or Personal Information.