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Terms of Use

Last Updated: June 26, 2023

 

WE WILL POST ANY CHANGES TO THESE TERMS OF USE IN A NOTICE OF THE CHANGE AT THE BOTTOM OF OUR WEB PAGE WITH A HYPERLINK THERETO. WE WILL ALSO SEND YOU AN EMAIL DESCRIBING SUCH CHANGES. PLEASE REGULARLY REVIEW THESE TERMS OF USE. NOTWITHSTANDING IF YOU CONTINUE TO USE OUR WEBSITE, YOU ARE BOUND BY ANY CHANGES THAT WE MAKE TO THESE TERMS OF USE.

 

 

These Terms of Service (“Agreement” or “Terms of Service”) are a legally binding agreement between you (the “User,” “you,” or “your”) and Planet Electric Inc (“Planet Electric,” “we,” “us,” or “our”). You acknowledge and agree that your use of the Planet Electric’s website at https://www.planetelectric.in/ will be governed by this Agreement, our Privacy Policy, and any related terms.

 

If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at sales@planetelectric.in

 

Your use of our Website shall constitute your acceptance of this Agreement and to all of the terms and conditions stated under this Agreement and our Privacy Policy referenced herein.

 

PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. PLEASE NOTE THAT THESE TERMS CONTAIN A BINDING AND MANDATORY ARBITRATION PROVISION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS AND LIMITS REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

 

BY ACCEPTING THIS AGREEMENT, EITHER BY CLICKING A BOX INDICATING YOUR ACCEPTANCE OR BY USING AND NAVIGATING THROUGH OUR WEBSITE, YOU AGREE THAT (A) YOU HAVE READ AND UNDERSTOOD THE AGREEMENT; (B) YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD; (C) YOU CAN FORM A BINDING CONTRACT; AND (D) YOU ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS AS WELL AS OUR PRIVACY POLICY REFERENCED HEREIN. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE OUR WEBSITE.

 

Capitalized terms not defined herein shall have the same meaning ascribed to them under our Privacy Policy.

 

INTRODUCTION TO PLANET ELECTRIC AND OUR WEBSITE.

 

Planet Electric is an electric vehicle manufacturing and services company.

 

TERRITORIAL RESTRICTION

 

Our Website is only available for use and download outside the European Union. Our Website, and App, are not available for use or download by residents of, visitors to, or your employees who reside in the European Union (collectively a “European”). If you are a European, please do not download, register, and/or use our Website. You must comply with our  Privacy Policy, this Terms of Use, as applicable.

 

If you have any questions regarding this Section, please email us at privacy@planetelectric.in

 

PRIVACY POLICY

 

Our Privacy Policy describes how we handle the personal and business information you provide to us when you register for our Website. You understand that through your use of our Website, you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the US, and/or other countries for storage, processing and use by Planet Electric and our affiliates.

 

ELIGIBILITY & ACCESS RESTRICTIONS

 

To be eligible to use our Website, you must meet the following criteria and represent and warrant that you: (a) are 18 years of age or older; (b) are not currently restricted from accessing our Website, or not otherwise prohibited from having an account, (c) are not our competitor, or are not using our Website for reasons that are in competition with us; (d) will only maintain one registered account at any given time; (e) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (f) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; and (g) agree to provide at your cost all equipment, browser software, and internet access necessary to use our Website.

 

SERVICE LICENSE

 

Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website and its contents strictly in accordance with this Agreement.

 

You will not use, copy, adapt, modify, prepare derivative works based upon our Website, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, except as expressly permitted in this Agreement. When using and accessing our Website, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply.

 

YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO PLANET ELECTRIC FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE.

 

ACCESS AND SERVICE RESTRICTIONS

 

You agree that our Website, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by Planet Electric and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Website or in any manner that is inconsistent with the terms contained in this Agreement.

 

You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, in any manner, and you will not exploit our Website in any unauthorized way whatsoever, including but not limited to, using our Website to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website.

 

RESERVATION OF RIGHTS

 

You acknowledge and agree that our Website is provided for your use. Except to the extent necessary to access and use our Website, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website, whether expressly, by implication, estoppel, or otherwise. Planet Electric and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.

 

ACCESS RIGHTS

 

You can access and use our Website at https://www.planetelectric.in/. When downloading and using our Website, you are required to provide us with registration information including personal information. You agree that we have the right to disable your access and use rights, at any time if, in our opinion, you have violated any provision of this Agreement and/or our Privacy Policy.  You agree to cooperate with us if the security of our Website is compromised by you or another person through the use of our Website.  We will not be liable for any loss or damage arising from your failure to comply with this Section.

 

We collect personal and business information (as set forth in our Privacy Policy), which we need, from you when you register to use our Website. This information is necessary for us to provide our Website to you and is stored on our servers to enable us to continue to provide our Website to you. Upon your written request, we will provide you with a list of all of the Personal Information that we store on you within sixty (60) days of receiving your request. Also, upon your prior written request, we will delete any such information within sixty (60) days of receiving your request. Notwithstanding, please note that, if you ask us to delete all such information, we will not be able to continue to provide our Website to you. Please send your requests to us at privacy@planetelectric.in

 

REQUIRED CONDUCT AND PROHIBITED CONDUCT

 

As a condition to access our Website, you agree to this Agreement and to strictly observe the following:

 

  1. Required Conduct

 

  1. Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;

  2. Provide accurate information to Planet Electric and update from time to time as may be necessary;

  3. Review our Privacy Policy; and

  4. Review and comply with notices sent by Planet Electric, if any, concerning our Website.

 

Prohibited Conduct

 

  1. Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website (excluding any user content);

  2. Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website, or any part thereof;

  3. Utilize information, content or any data you view on and/or obtain from our Website to provide any service that is competitive with us;

  4. Imply or state, directly or indirectly, that you are affiliated with or endorsed by Planet Electric unless you have entered into a written agreement with us;

  5. Rent, lease, loan, trade, sell/re-sell access to our Website or any information therein, or the equivalent, in whole or part;

  6. Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;

  7. Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;

  8. Use automated methods to add contacts or send messages;

  9. Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;

  10. Attempt to or actually access our Website by any means other than through the interface provided by Planet Electric;

  11. Attempt to or actually override any security component included in or underlying our Website;

  12. Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;

  13. Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website, including those of both Planet Electric or any of our licensors;

  14. Use any information obtained from our Website to harass, abuse, or harm another user; or

  15. Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.

 

PLANET ELECTRIC COMMUNICATIONS

 

You understand and agree that you may receive information and push notifications from Planet Electric via email, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not Planet Electric.

 

Email Contact.  We may send promotional messages about us and our products and services related to our Website to your email.  When you send us a query email at sales@planetelectric.in , you are providing us with consent to send emails to you for replying to your queries at your provided email address. By providing your email address, you agree with these Terms of Use and our Privacy Policy.

 

 

PAYMENT

 

Our Website is currently provided to you at no cost.  In the event that we change this in the future, we will communicate such modification to you as per the procedure detailed under Section 19 or as otherwise specified in another agreement between Planet Electric and you.

 

INDEMNIFICATION

 

You agree to indemnify, defend, and hold Planet Electric and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against Planet Electric and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.

 

DISCLAIMERS

 

Your access to and use of our Website or any content are at your own risk. You understand and agree that our Website is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website; and (iv) whether our Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website, will create any warranty or representation not expressly made herein.

 

 

LIMITATION OF LIABILITY

 

You acknowledge and agree that, in no event will  Planet Electric be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website, including, without limitation, any information made available through our Website pursuant to this Agreement. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website.  Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that Planet Electric may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Planet Electric’s liability will be the minimum permitted under applicable law.

 

TERMINATION

 

You may terminate this binding legal Agreement with Planet Electric by providing thirty (30) days prior written notice, with a possible termination charge. 

 

We reserve the right to suspend or terminate your account or cease providing you with access to all or part of our Website at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated this Agreement or our Privacy Policy, (ii) you create risk or possible legal exposure for Planet Electric; or (iii) our provision of our Website to you is no longer commercially viable. We will make reasonable efforts to notify you of such termination by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, this Agreement shall terminate, including, without limitation, your license to use our Website.

 

All sections, which by their nature and context are intended to survive the termination of this Agreement, will survive.

 

ASSIGNMENT

 

This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.

 

ANTI-BRIBERY AND EXPORT COMPLIANCE

 

You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.

 

MODIFICATIONS

 

We will post any changes to these Terms of Use in a notice of the change at the bottom of our web page with a hyperlink thereto. We will also send you an email describing such changes. Please regularly review these terms of use. Notwithstanding if you continue to use our Website, you are bound by any changes that we make to these Terms of Use.

 

RELATIONSHIP OF PARTIES

 

The parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind Planet Electric to any obligation, agreement, debt or liability. The User shall not hold itself out as an agent or representative of Planet Electric.

 

GOVERNING LAW

 

This Agreement shall be governed by the law of the Republic of India, without respect to its conflicts of laws principles. Each of the parties to this Agreement consents to the exclusive jurisdiction and venue of the courts located in Gurgaon, Haryana, India for any actions not subject to Dispute Resolution and Arbitration provisions as set forth in Section 22.

 

 

DISPUTE RESOLUTION AND ARBITRATION

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PLANET ELECTRIC AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

 

Any claim, dispute or difference relating to or arising out of this Terms of Use, or our Privacy Policy shall be referred to the arbitration, of a sole arbitrator appointed mutually. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The seat and venue of arbitration shall be Gurgaon, Haryana, India. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.

 

 

MISCELLANEOUS

 

This Agreement along with our Privacy Policy constitutes the entire agreement between you and Planet Electric and supersedes any prior agreements between you and Planet Electric with respect to the subject matter herein. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, we both nevertheless agree that the court should endeavor to give effect to our intentions as reflected in this provision, and the other provisions of this Agreement to remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. All the sections intended to survive the termination of this Agreement shall survive. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Except as explicitly stated otherwise, any notices to Planet Electric shall be given by certified mail, postage prepaid and return receipt requested to Planet Electric at 355 Bryant Street, Suite 403, San Francisco, CA 94107. Any notices to you shall be provided to you through our Website or given to you via the email address or physical address you provide to Planet Electric during the registration process.

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