Terms and Conditions

These Terms and Conditions ("Terms") of online booking are executed between the User (as defined hereinafter) and Wings India Ev , a company having its registered office address at 2nd floor, near Bengali club, Hewett road, Husaainganj, Lucknow - 226018 (hereinafter referred to as "Wings India Ev", "we" or "us" or "our") and its affiliates and subsidiaries and applies to the booking of Vehicles (as defined hereinafter) listed on the 'Book Online' section.

For the purpose of these Terms, wherever the context so requires, the words "you" or "your" or "User" used herein, refer to all individuals and/or entities browsing, accessing or using the Platform (as defined hereinafter) to place the booking of any Vehicle or for any other reason.

These Terms constitute a binding agreement between you and Wings India Ev and its affiliates and subsidiaries. By accessing or using our Platform and/or booking Vehicles through the Platform, you understand and agree to be boundbythese Terms. The Terms, Privacy Policy, Purchase Terms (as defined hereinafter) shall be collectively referred to as "Wings India Ev Policies", including any modifications or amendments made thereto by Wings India Ev from time to time, at its sole discretion. If you do not agree to these Wings India Ev Policies, you are not authorized to access our Platform and/or book Vehicles on the Platform. By accepting these Terms, you represent that you have the capacity to enter into or, if you are acting on behalf of an entity, that you have the authority to bind such entity to a legally binding contract, and you agree that these Terms legally bind you or the entity on behalf of which you purport to act, in the same manner as a signed, written, paper contract. These Terms constitute an electronic record within the meaning of the Applicable Law (as defined hereinafter). This electronic record is generated by a computer system and does not require any physical or digital signatures. Accessing, browsing and/or using the Platform or using any of the information provided therein shall be deemed to signify the User’s unequivocal acceptance of these Terms. The User expressly acknowledges and agrees to be bound by the Terms, regardless of however the User or anyone on the User’s behalf has accessed, installed, downloaded, or used the Platform andwhether or not the User has registered on the Platform.

By Accessing or Using the Platform, you: (A) Acknowledge That You Have Read and Understood These Terms; (B) Represent That You Are 18 Years of Age, Or The Required Legal Age in Your Jurisdiction; And (C) Accept These Terms and Agree That You Are Legally Bound by Them DEFINITIONS

"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 Wings India Ev 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 Wings India Ev such as text, photos, audio, video, or other materials and information, including the details of the Vehicles and includes any other information made available by Wings India Ev on or through the Platform including proprietary content and any content licensed or authorized for use by or through Wings India Ev from a Third Party

"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; 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. "Intellectual Property" or "IP" includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, 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. "Intellectual Property" or "IP" includes ideas, concepts, creations, discoveries, inventions, improvements, know how, trade or business secrets; trademarks, service marks, designs, utility models, tools, devices, models, methods, procedures, processes, systems, principles, synthesis protocol, algorithms, works of authorship, flowcharts, drawings, books, papers, models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, databases, data, documents, instruction manuals, records, memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.

"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 Wings India Ev jointly. "Party" refers individually to each of you and Wings India Ev. "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. wingsindiaev.com (and any related pages) and/or the or such website or mobile application powered by Wings India Ev 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 Wings India Ev

"Sensitive Personal Data or Information" with respect to a person means such personal information which consists of information relating to:
  1. any detail relating to the above clauses as provided to body corporate for providing service; and
  2. any of the information received under above clauses by body corporate for processing, stored or processed under lawful contract or otherwise.
  3. biometric information;
  4. financial information such as bank account or credit card or debit card or other payment instrument details;
  5. medical records and history;
  6. password;
  7. physical, physiological and mental health condition; and
  8. sexual orientation.

"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 Wings India Ev and listed on the Platform for the purpose of booking by the Users. ELIGIBILITY

  • By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or User Content or simply by browsing, accessing or making any use of the Platform you: (i) accept the Terms and agree to be bound by each of its terms, and (ii) represent and warrant to Wings India Ev that: (a) these Terms are binding and enforceable against you; (b) to the extent an individual is accepting these Terms on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity; and (c) you have read and understand our Wings India Ev Policies, the terms of which are incorporated herein by reference, and agree to abide by the Wings India Ev Policies. These Terms are made between you and us and shall come into effect on the date which you access and/or download the Platform and shall continue unless and until terminated by us or you.
  • In the event that the User or anyone acting on the User’s behalf does not wish to be bound by the Terms, the User (or the legal person/entity acting on the User’s behalf) unequivocally agrees to refrain from accessing, using or retaining the Platform on any device in any manner whatsoever. The User agrees that anything done or caused to be done by the User or anyone acting on the User’s behalf, whether expressly or impliedly that is in contravention of the Terms will render the User liable for legal and punitive action.
  • While individuals under the age of 18 (eighteen) may utilize/browse the Platform, they shall do so only with the involvement, guidance, and supervision of their parents and/or legal guardians. Wings India Ev reserves the right to terminate your access and refuse to provide you with access to the Platform if Wings India Ev discovers that you are under the age of 18 (eighteen) years or the required legal age in your jurisdiction. You further represent and warrant that you are not under any legal or other deficiency which prevents/may prevent you from: (i) entering into a valid contract under the Applicable Laws; and (ii) making valid payment to Wings India Ev for the Vehicle booked by you.
  • 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.
    1. ACCEPTANCE OF TERMS

      These Terms form an electronic contract that establishes legally binding terms that the User must accept to book the Vehicles through the Platform. These Terms include by reference other terms disclosed and agreed to by the User in the event the User registers for, purchases, or accepts additional features, products or services in addition to booking the Vehicles, including but not limited to terms governing features, billing, discounts, promotions, etc.

      Wings India Ev

      Address: 2nd floor, near Bengali club, Hewett road, Husaainganj, Lucknow - 226018
      Email: [info@wingsindiaev.com]
      Assignment

      The User shall not have the right to assign or transfer the Wings India Ev Policies, or any part thereof, without the prior written consent of Euler Motors. Any assignment without such consent shall be void and have no effect. Wings India Ev shall have the right to assign or transfer the Wings India Ev Policies without requiring the prior approval of the Users. Subject to the foregoing, the Wings India Ev 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 Wings India Ev Policies or entitlementtoenforceany term of the Euler Motors Policies.

      SUGGESTIONS/FEEDBACK

      1. You acknowledge and agree that the Feedback will be the sole and exclusive property of Wings India Ev and you hereby irrevocably assign to Wings India Ev and agree to irrevocably assign to Wings India Ev 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 Wings India Ev, request and expense, you will execute documents and take such further acts as Wings India Ev may reasonably request to assist Wings India Ev to acquire, perfect, and maintain its Intellectual Property Rights and other legal protections for the Feedback. Last Updated: [20th October, 2024]