NDS platform [refer definition 1(a)] is owned by NDS Eco Motors, a Partnership Firm, having address at: 9th Main Road, Chowdeshwari Layout, Marathahalli Village, Marathahalli, Bengaluru, Karnataka 560037 (hereinafter referred as ‘Firm/Owner’). The firm is engaged in the business of providing real-time analytics and data for Electric Vehicle (EV) scooter owners, including charging status, range, and location, to enhance the user experience and vehicle management.
The purpose of the NDS platform is to provide real-time analytics and data for Electric Vehicle (EV) scooter owners, including charging status, range, and location, to enhance the user experience and vehicle management. The Visitor [refer definition 1(b)] can visit the NDS platform and access the information available on NDS platform viz., about the firm, firm’s features, firm’s services and its contact details for purchase assistance.
The Visitor may use the NDS platform and subsequently shall have access to the information while a Visitor can also use the ‘Book a Ride’ tab by providing details like name, phone number, and OTP verification, etc. In order to use the paid services of the NDS platform, the Visitor has to click the Login Tab which will direct the Visitor to NDS platform’slogin page. Once the Visitor is directed to the Login Page, the Visitor must first get register by filling in details his/her like Name, Email Id, Phone No., vehicle identification through QR code scanning, User location for mapping, mobile phone numbers for OTP login, Create password, etc. By entering these details, the Visitor becomes a Registered User [refer definition 1(c)].
The Registered User, after entering the correct details of vehicle, the Registered User is navigated to Dashboard pagewhich shows that the Registered User is able to access the features like upcoming vehicles and services like Maintenance; Battery Health Check; Upgrades etc.
By accessing the NDS platform, the Visitor or Registered User agrees to abide by and bound by the Terms and Conditions of the NDS platform. The Terms and Conditions contained herein along with the Privacy Policy form an Agreement regulating our relationship with regard to the use of the NDS platform by the Visitor or Registered User. Please read this Agreement carefully. By accessing or logging on the NDS platform the Visitor or Registered User accepts the terms and conditions and by default follows the NDS platform. The Visitor or Registered User is advised to regularly check for any amendments or updates to the terms and conditions from time to time.
The Owner of the NDS platform reserve the right to modify the terms and conditions of the Service Agreement ("Terms of Use") and Disclaimer without any prior notification. The Visitor or Registered User is advised to regularly review the Terms of Service. If the Visitor or Registered User does not agree with any of the Terms and Conditions and any amendments thereto, the Visitor or Registered User must not use the NDS platform and/or Services provided by the Owner. These Terms and Conditions constitute a binding legal agreement between the Owner and Visitor /Registered User/s; and govern legal rights, remedies, obligations and various other terms like limitations, jurisdiction, applicable law etc.
The Agreement between the Visitor or Registered User and the NDS platform shall be subject to following Terms and Conditions: -
1. Definitions
The terms wherever used shall unless contrary, carry the meaning as given under:
- “NDS platform” means and includes the website available athttps://www.ndsecomotors.com/and mobile application owned by NDS on Internet and respective stores.
- “Visitor” means and includes any person who visits the NDS platform to see the various Services available which are displayed and who is not registered on the NDS platform.
- “Registered User” means and includes any person who is Registered on the NDS platform either, through a user location for mapping, mobile phone numbers for OTP login, and vehicle identification through QR code scanning, valid email address (where he gets account verification email). Thus, a visitor becomes a Registered User. No Visitor can opt for any plan (free or paid) unless he becomes a Registered User.
- “Agreement” means the Terms and Conditions contained herein along with any Privacy Policy of any other website/portals/application whose links are provided on the NDS platform. It shall also include reference to this Agreement as and when amended, novated, supplemented varied or replaced.
2. Eligibility, Registration and Termination
- The NDS platform can be accessed by going onhttps://www.ndsecomotors.com/ or downloaded from Google Play Store or Apple Play Store as required by the Visitor or Registered User. The NDS platform can be used/accessed only by persons who can form a legally binding contract under the Indian Contract Act, 1872.
- The Registered Useragrees that the Information provided by him/her at the time of registration is true, complete and correct. If the Information details are found not to be true (wholly or partly), the owner has the right in its sole discretion to reject the registration and debar the Registered Userfrom using the Services of the NDS platform and/or other affiliated website/applications without prior intimation whatsoever.
- The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Registered User’s account at any time, for any reason, without notice, including when a Registered User fails to abide by these Terms and Conditions or any other policy or terms posted anywhere on the NDS platform.
- The Owner reserves the right at its sole discretion to terminate, refuse, restrict or suspend any Registered User’s account at any time if any Registered User-
- uploads pornographic contents/photos/videos/links on the platform.
- uploads any detrimental or offensive contents/photos/videos/links or offensive comments/photos/videos/links pertaining to religion on the NDS platform.
- Any content that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation, or is otherwise objectionable.
- The Registered User or may be prohibited from creating a new account if he/she has been previously terminated as per the above-mentioned circumstances or for any other reason whatsoever objectionable by the Owner. If any Registered User misuses the details of any other Registered User, then the Owner reserves the right at its sole discretion to terminate that Registered User account and the owner reserves the right at its sole discretion to initiate appropriate legal action against the Registered User(s).
- The Registered User is entitled to terminate the agreement at all times by deletion of his/her Account, thus disabling the use by him/she of the NDS platform. The Registered User can close his/her Account at any time by following the instructions on the NDS platform.
- Clauses of Indemnification, Limitation of Liability, NDS platform License, Intellectual Property Rights Ownership, Term and Termination, and Applicable Law and Dispute Resolution and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
3. Facilities For Visitors
The facilities for user are as follows
- Browse the NDS platform;
- Understand about the Owner, the features and services provided by the Owner; and
- Contact the Owner.
4. Facilities For Registered Users
The facilities for Registered Users are as follows-
- a) Browse and Login into the NDS platform;
- To create profile;
- To access scooter data and app features;
- Understand about the owner, to avail features and services provided by the Owner; and
- Contact the Owner.
5. Conduct Of Visitor/ Registered Users
The Visitor or Registered Usersaccept and agree that he/she is entirely responsible for compliance of all the laws, rules or regulations etc. that applies to Visitor or Registered User’s use and/or access of the NDS platform or Services provide therein.
6. Use Of Contents and Restrictions on Registered User
The Visitor or Registered User agrees:
- not to display, upload, modify, publish, transmit, update, share or otherwise make available on the NDS platform, any content and/or material that is unlawful, unsolicited including unsolicited messages, e-mails, and/or material which contains viruses, trojans, worms, files or software intended to interrupt, corrupt, destroy, limit the use, access or functionality of the NDS platform.
- not to display, upload, modify, publish, transmit, update, share or otherwise make available on the NDS platform, any content and/or material that is harmful, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic, abusive, invasive of another person’s privacy, hateful or racially, ethnically objectionable, disparaging or relating to or encouraging money laundering or gambling etc.
- not to display, upload, modify, publish, transmit, update, share or otherwise make available any content and/or material which is in violation of patents, trademark, copyright or any other proprietary rights of other person/people.
- The Visitor or Registered User can only access the content available on the NDS platform only for his/her purpose and shall not copy/modify/broadcast/share the content on the NDS platform for anybody else.
7. Notification Settings:
A Visitor or Registered User agrees to receive messages from Owner by way of notifications with respect to Verification, Real-time vehicle analytics, status for EV scooters, etc.
8. Applicable Laws, Jurisdiction and Dispute Resolution
These terms shall be governed, interpreted, and construed in accordance with the laws of the Republic of India applicable from time to time. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the NDS platform, the Service (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of the Owner as Owner may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator mutually appointed by the Owner and the Registered User. The place of the arbitration shall be Bengaluru, Karnataka, unless otherwise mutually agreed by the Owner and the Registered User. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bengaluru, Karnataka, India
9. Limitation of Liability:
- To the fullest extent permissible by law, in no event shall the Owner or its employees, group companies or agents be liable for any direct, indirect, special, consequential damages or damages of any other kind incurred by the Visitor or Registered Useror any third party arising out of the Visitor’s or Registered User’saccess or use or inability to access or use the NDS platform and/or its Services. The Information and Services displayed through the NDS platform may include inaccuracies. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the NDS platform. The Owner shall not be held liable and/or responsible for any fake identity, fake calls, fraud committed through people through the help of the NDS platform. In any event, the Owner shall not be held liable for any loss or damage including without limitation, indirect or consequential loss or damage or any loss or damage whatsoever arising from loss of data arising out of, or in connection with, the use of the NDS platform. The Visitor or Registered User expressly agrees that the Owner shall not be responsible for the information posted and/or shared by the Visitor or Registered User. The Visitor or Registered Userexpressly agrees that Owner shall not be responsible and/or liable for any threatening, defamatory, obscene, unlawful, harmful, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. The Visitor or Registered Userspecifically agrees that the Owner shall not be held responsible and/or liable for any content/data sent using and/or included on / the NDS platform or Service by any third party/parties.
- The Owner shall not be liable for any damages resulting from the use of or inability to use the NDS platform, including damages caused by wrong usage of the NDS platform, error in call center number , network issues, malware, viruses or any incorrectness or incompleteness of the Information.
- The Owner shall not be responsible for any loss of communication / information of status update and benefits. All this information will be sent on mobile number and/or email ID registered with the Owner. The Owner will not be responsible for appropriateness of mobile or email or any other communication medium.
- Notwithstanding anything contained herein, in any event, the liability of the financial or otherwise, suffered to the Owner of the NDS platform shall be limited to the amount paid by the Registered Userand shall not exceed such amount paid by the Registered User.
- If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of the Owner shall be the minimum permitted under Applicable Law.
10. Disclaimer:
Every effort is made to keep the NDS platform up and running smoothly. However, the Owner takes no responsibility for, and shall not be held liable for the platform being temporarily unavailable due to technical issues beyond our control.
11. Warranty And Indemnification
- The NDS platform is provided by the Owner, on “AS IS” and “AS AVAILABLE” basis without express or implied warranty or condition of any kind. The Visitor or Registered User shall use the NDS platform at his/her own risk.
- The NDS platform disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability. The details and/or information provided by the Owner make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the NDS platform and/or the information contained on the NDS platform for any purpose. Any relation the Visitor or Registered Userplaces on such information are therefore strictly at their own risk.
- The Visitor or Registered User agrees that the Owner shall not be held responsible or held liable for any transaction between the Registered Userand third-party providers (including payment gateways etc.) of the NDS platform or Services provided therein. No advice or information whether oral or in writing received from the Registered Userof the NDS platform shall create any warranty on behalf of the Owner in this regard. If in case the payment is failed and the money is debited from the Registered User’s account, then the Owner of the NDS platform shall not be held responsible.
- The Registered Useragrees to indemnify, defend and hold harmless the Owner from any suits, claims, losses, fines, penalties, damages, liabilities, demands, expenses including, but not limited to, reasonable legal expenses and fees arising out of and/or in connection with any violation and/or act and/or omission committed and/or alleged to be committed by the Registered User.
12. Intellectual Property Rights Ownership
- The Visitor and Registered Useracknowledges and accepts that unless otherwise expressly stated, all the content on the NDS platform including, but not limited to, images, graphics, photos, sounds, music, videos, software, script, trade names, trademarks, logos, labels, service marks and/or any other proprietary marks are solely owned by the Owner(and its licensors, where applicable).
- No information, content or portion uploaded on the NDS platform shall be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purposes not expressly permitted by Owner. It is the policy of the NDS platform and/or Owner to terminate in its sole discretion, accounts of Registered User orin appropriate circumstances found repeatedly infringing the rights of Owner including but not limited to rights relating to copyright, trademark or other intellectual property rights.
- The NDS platform, its Services and all the content is protected by copyright, trademark and other relevant laws of India. In case of any violation, the User or Registered User is liable to appropriate legal action.
- These User Terms do not constitute a sale and do not convey to the Visitor or Registered User any rights of ownership in or related to the NDS platform, or the Service, or any intellectual property rights owned by the Owner. The Visitor or Registered User 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 NDS platform.
- The Visitor or Registered User may use information on the NDS platform purposely made available by the Owner for downloading from the NDS platform, provided that the You Visitor or Registered User: (i) do not remove any proprietary notice language in all copies of such documents and make no modifications to the information; (ii) use such information only for its personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or (iii) do not make any additional representations or warranties relating to such information.
13. Contact/Business Enquiry
Any Visitor/Registered User can view the contact tab which provides the address office of the Company, Email, and contact number. The NDS platform also provides an enquiry form. Any visitor who wants to have any business enquire with the Owner shall provide information such as Name, Phone Number, E-mail ID, Pin code, Type of visitor/Registered User and Nature of Business (Trading / Manufacturing/Services), etc. The Registered User further has the option to send message. After filing this enquiry form the authorized team of the Owner will get in touch with the aforesaid Visitor/Registered User.