Bounce Infinity Terms and Conditions
These terms and conditions (“T&C ”) shall regulate and govern the relationship between BOUNCE ELECTRIC 1 PRIVATE LIMITED manufacturer of electric two-wheeler under the name “Bounce Infinity” and operating website www.bounceinfinity.com (“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 Bounce Infinity and Bounce Infinity 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.
By expressly accepting the T&C, a User accepts and agrees to be bound by all of Company ’s policies (including the Privacy Policy and any other policies notified by Company from time to time).
INTERPRETATION
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 (“”).
REGISTRATION
The use of the Bounce Infinity Platform and other related platforms such as Bounce Battery Bank 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 Bounce Infinity 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.
The delivery of the EV could take beyond a year depending on the company's delivery schedule.
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.
PROHIBITED ACTIONS
A User shall ensure that he/she does not carry the following items while using Bounce Infinity and availing Bounce Infinity 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 Bounce Infinity 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 Bounce Infinity.
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 Bounce Infinity 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 Bounce Infinity and Bounce battery bank 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.
Notwithstanding 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.
RESERVATION DEPOSIT
You are eligible to cancel your booking deposit amount before making the balance payment through the website/app. You will be eligible for full refund of the deposit.
We/our dealer will communicate the estimated delivery period for Your Vehicle and will make all commercially reasonable efforts to deliver Your Vehicle within the specified delivery period by the dealer notified by us.
Any change or delay in the delivery period will be notified to You by Us/our dealer. We will not be liable for any claims, damages, losses, costs or expenses incurred/suffered by You due to 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.
The delivery of the vehicle could take beyond a year depending on the Company’s delivery schedule.
To cancel your booking on the www.bounceinfinity.com before you have made the advance payment, login to the website, click on the relevant order ID, and then click on cancel.
Refunds on booking deposit will be made within 10 days from the date of cancellation
This amount is refundable till the point of making full payment towards purchase of the vehicle
Once the full payment for the vehicle is made, the sale shall be deemed as complete and cancellation or claim for any refund amount will not be possible
FORCE MAJEURE
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 will take every reasonable effort not to share any Personal Information except as required under any Applicable Law, or to the limited extent necessary for Company to implement any booking instructions received, or as per the Privacy Policy. Please read the Privacy Policy for further details regarding the use of Personal Information.
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.
DISPUTE RESOLUTION
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 Bangalore and the language of arbitration shall be English.
CONTACT INFORMATION
The Platform is owned by the Company in case of issue, concerns, query or complaint please write to us @ e-mail: dpo@bounceinfinity.com
MISCELLANEOUS
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.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms and Conditions for access to or usage to the Bounce Infinity Platform.
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 Bounce Infinity’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.
“Bounce Infinity 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.
“Privacy Policy” shall mean the privacy policy formulated by Company as amended from time to time available at www.bounceinfinity.com/tandc
“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: