This document is an electronic record in terms of the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines) Rules, 2011, any other law in force in India, and the GDPR, regarding the access and use of the website “GHM EV” by RANKME1 INTERNATIONAL INN (Authorized Distributors of Gear Head Motors) (hereinafter “website”).
The acceptance of the Terms & Conditions by the User shall be considered as a valid contract under the Indian Contract Act, 1872. All notices under this agreement will be considered written and duly signed once they are electronically confirmed. For purposes of ease of understanding, terms such as “you” and “user” shall be used to refer to the customer.
Here are the next steps to get your Electric Beast
Step 1: We’ll notify you about Stock availability
Step 2: Call for the Final Payment.
Step 3: Your Electric Cycle shall be dispatched
Step 4: Your Electric Cycle shall be delivered in 10-15 days.
Terms & Conditions
1. Pre-Order amount of Rs. 500/- is non-refundable.
2. Order shall only be dispatched after the final payment is made.
3. A minimum of 1 month is the wait time after Pre-Order.
4. Color and Model change cannot happen after Pre-Order.
The products that are out-of-stock can be pre-booked on the website with a minimum charge of Rs 500/- only [Non-Refundable] We will keep sending you regular updates via mail. Our sales team will contact you once the product is back in stock for further processing. Once the product is back in stock, the rest of the amount payable should be paid and the order confirmation & shipping process will begin.
USER INFORMATION :
The user of this website shall be a person who has attained the age of 16 years. Any person below the age of 16 shall access the website only under the supervision of a guardian. The user of this website shall provide authentic identity details such as contact numbers, email addresses, etc. as proof of verification to access the website. The information collected by GHM EV shall be protected under the Data Privacy Act, and such information shall be handed over to the appropriate law enforcement agencies as and when it shall be deemed necessary by the appropriate law enforcement agencies.
All information collected by the Website to create an account and all information collected in the future to maintain, upgrade, or degrade the account shall be the confidential information of the user.
The user shall be a person who has attained the age of 16 years and who is of sound mind. Any person, irrespective of nationality, shall be termed a “user” of this website under this USER POLICY. The user is an individual who utilises the services provided by the website. The user reserves the duty to follow the points laid down in this User Policy. The user is an individual who assures the usage of the GHM EV for legitimate use only.
INTELLECTUAL PROPERTY :
Trademarks, copyrights, website content, logos, words, terminologies, business concepts, etc. belonging to GHM EV
Any action committed by the user or any third party for any illegal or unlawful purpose by utilising the services provided by GHM EV
“GHM EV” creates electric bicycles, electric scooters, electric bikes, and their parts. These bikes, bicycles, and scooters are carefully created and manufactured by GHM EV to provide an environmentally friendly alternative for the usage of bikes, scooters, and other vehicles. Bikes, scooters, bicycles, etc. have been manufactured by GHM EV to make them user-friendly and more efficient in respect of nature. This is purely based on rechargeable batteries and electricity.
Additionally, we also intend to identify the present need for saving the environment with effective measures. Therefore, we have created and manufactured electric bikes and cycles. To use the services of the platform, the user shall create an account and be responsible for maintaining the confidentiality of the login details, display name, and purchase history. The user shall also be responsible for all activities taking place under his login ID and password. Details such as location, name, and so on, as provided by the users, shall be accessible by the website to provide the services of the website as well as to other users contacting them.
The Platform has the sole and exclusive right to suspend, block, impede, deny access to, and/or terminate the account of the User. In the event of any unauthorised breach of the account of the user, the user shall immediately notify the grievance officer of the same, who shall take the necessary action expeditiously. Should the user choose any paid activity or feature of the website, they shall confirm the purchase(s) and then be directed to the payment processor gateway (Payment Gateway), which shall be a third party.
USER CONDUCT :
that the user must, to be granted access to the website and services offered thereunder, uphold and abide by the following: The user shall not: Engage in any form of activity whereby the confidential information of other users, including but not limited to their location, password, login details, purchase history, and other such account details, is collected in any manner contrary to the law of the land. Participate in any form of activity on the website by using the account of another user without their consent or knowledge. We do collect your data for online advertising purpose, popularly known as remarketing.
Publish, put up, conduct business in a wrong manner, be harassing, blasphemous, obscene, defamatory, libellous, hateful, disparaging, or promote illegal activities such as gambling, pornography, money laundering, or any other acts, material, or images deemed unlawful by the law of the land. Participate in activities that infringe on the privacy of other users, the website, and any other individuals so associated, such as representatives, agents, and even employees, without their explicit consent.
Behave in any manner deemed to be threatening, defamatory, obscene, disparaging, and/or hurtful to any other individual based on their religion, caste, class, creed, sex, or other such factors deemed necessary in the eyes of the law. Partake in any activity causing there to be unsolicited emails, messages, calls to other User(s), website and any other individuals so associated, representatives, agents and even employees of the same. Participate in any action that directly or indirectly infringes on the intellectual property rights of the users, website, or any other individual, association, corporate body, company, shop, and/or commercial entity.
Participating in the marketing, advertising, providing information, instructions, and/or solicitation of activities, objects, products, goods, or works deemed unlawful in the eyes of the law Exceed the scope of authorised access to the website in a manner so deemed unlawful and/or inappropriate by the law of the land. interfere with any other user’s right to enjoy the services of the website in any manner that is held, construed, and/or interpreted as being unlawful under the law of the land and/or as per the direction of the website.
Participating in the filing of information solely for fraudulent or mis-informative purposes, which are against the law of the land, Participating in any actions that threaten the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order, cause incitement to the commission of any cognizable offense, prevent investigation of any offence from happening, or are insulting to any other nation The user(s) shall be deemed to be unlawfully conducting themselves if they: gain access to the platform despite refusing to fill in the account details in a proper manner.
Harass the user(s) or website owner and any other individuals so associated, including representatives, agents, and even employees of the same, in any manner by using the contact details so provided. Partaking in any activities with the sole intention of causing loss of revenue, business issues, and/or any other financial problems to the website Participating in any activity that is held to be against the Information Technology Act, 2000, and the rules thereunder, the Consumer Protection Act, 2020, and GDPR and the rules thereunder,
INTELLECTUAL PROPERTY RIGHTS :
All information, photographs, illustrations, artwork, and other graphic materials, and names, logos, and trademarks on the Website are protected by copyright laws, trademark laws, and/or other laws and/or international treaties and belong to us. These works, logos, graphics, and sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated, whether in whole or in part, unless expressly permitted by us. The reference image uploaded on the website will be purchased before being uploaded. All the intellectual property rights in the design and concept of the website GHM EV, the name, logo, and trade secrets will vest in the owner. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark. displayed on the website without written permission. The misuse of any trademarks or other content displayed on the website is prohibited. We will not hesitate to take legal action against any unauthorised usage of our trademarks, copyrights, names, or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners. The user shall also not use the services provided by the website to broadcast messages to promote any form of business that is similar to that of the services provided by the website. The concept and workings of the website are protected under the copyright laws of India and therefore shall not be reverse-engineered, replicated, or re-created by the user.
We may periodically make changes to the contents of the Website, including to the descriptions of the services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the website. We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the website and shall take effect from the date of such posting. The user is advised to review these terms and conditions periodically as they are binding upon you.
DISCLAIMER AND EXCLUSION OF LIABILITY:
The website agrees to protect all data provided by the user to use the website. The Website agrees to manage, store, and delete all the data, when necessary, belonging to the User in light of the circumstances that are raised. The website shall abide by the provisions laid down in the Information Technology Act and GDPR to protect the data provided by the user to use the website.
In light of a scenario where the state government and the central government, the courts of appropriate jurisdiction, or any other appropriate body, in the name of public welfare and cyber security, requests the website to provide the data so collected from users, then the website shall provide the data, but only under the provisions substantiated by the law. The website shall take complete precautions and make effort to protect the data provided by the user. But considering situations that are unfathomable or beyond the control of reasonability, if there is a data breach caused by the actions of a third party against the public good, the website reserves the right to stay indemnified by the user.
To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the website and its contents, including any inaccuracies or omissions in the website, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, noninfringement or implied warranties from course of dealing or usage of trade.
The website will always be accessible, uninterrupted, timely, secure, error-free, or free from computer viruses or other invasive or damaging code, or that the website will not be affected by any acts of God or other force majeure events, including an inability to obtain or shortage of necessary materials, equipment facilities, power, or telecommunications, lack of telecommunications equipment or facilities, and failure of information technology or telecommunications equipment or facilities. While the website may use reasonable efforts to include accurate and up-to-date information on the website, it does not guarantee the accuracy, timeliness, or completeness of the website.
We shall not be liable for any acts or omissions of any third parties, howsoever caused, or for any direct, indirect, incidental, special, consequential, or punitive damages, howsoever caused, resulting from or in connection with the website and the services offered in the website, your access to, use of, or inability to use the website or the services offered in the website, reliance on or downloading from the website and/or services, or any delays, inaccuracies, or in the information or its transmission, including but not limited to damages for loss of business or profits, use, data, or other intangible, even We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise, however and whatever the cause thereof, for any indirect, consequential, collateral, special, or incidental loss or damage suffered or incurred by you in connection with the website and these Terms and Conditions of Use.
For these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings, or business, loss of data or goodwill, loss of use or value of any equipment, including software, claims of third parties, and all associated and incidental costs and expenses. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
Notwithstanding our efforts to ensure that our system is secure, the user acknowledges that all electronic data transfers are potentially susceptible to interception by others. We cannot and do not warrant that data transfers according to the website or electronic mail transmitted to and from us, will not be monitored or read by others.
JURISDICTION AND LEGAL ACTION:
Any dispute arising concerning usage, services, or any other dispute arising from a third party shall be referred to arbitration. The user agrees to not take any legal action in the courts of India considering a scenario in which the user has faced any issue. The user shall intimate the website and also initiate a discussion leading up to arbitration if needed. The website reserves the right to take legal countermeasures if the user chooses to take any legal action.
The action so taken by us will be on grounds of breach of contract and misuse of the law. Considering an action caused by a Third party, the User agrees to not initiate any action or proceeding for the damage caused by a third party. If we suspect any misuse of the website by the user, then we reserve the right to initiate strict legal action against the user. The User must from time to time provide proof which is genuine in any Dispute Resolution model.
Any action taken without the consent of the website will be treated as a violation of this User Agreement and if it results in any damages sustained by us, then the USER will be dealt with as per the provisions of the Indian Penal Code, Information technology Act, Intellectual Property Laws, Contract Act, etc. In the event the parties choose to resolve the dispute through litigation, they agree to limit themselves to the jurisdiction of the courts of the State of Telangana.
GRIEVANCE OFFICER :
In the event there is any complaint, clarification, doubt, or issue that the user so seeks to be clarified, they must contact the Grievance Officer as stipulated under the Information Technology (reasonable security practises and procedures and sensitive personal data or information) Rules.
2011 and the GDPR. Following are the details of the grievance officer:
Name : Ganesh B
Email ID : email@example.com
Phone No : +917674869696
The Grievance Officer shall attempt to resolve any issues so brought before him or her fairly and expeditiously within 28 business days. After completion of the review, the grievance officer shall submit a report to the user and the website.