TERMS OF USE
About Mooving Smart Mobility & Energy Pvt. Ltd.
Mooving Smart Mobility & Energy Pvt. Ltd Smart Private Limited (“Mooving Smart Mobility & Energy Pvt. Ltd Smart”) is a company registered under the Companies Act, 1956. This website (“Website”) has been set up, and is operated and maintained by Mooving Smart Mobility & Energy Pvt. Ltd Smart to act as an electronic marketplace and an intermediary that provides an electronic venue for sale of goods and services (“Products”) by third party Vendors to the end customers. Mooving Smart Mobility & Energy Pvt. Ltd Smart may from time to time, also sell Products to end customers as a Vendor on this Website.
Important Terms
Please read this “Terms of Use” document carefully. This “Terms of Use” document is an electronic record in the form of an “electronic contract” in terms of the Information Technology Act, 2000 and the Rules thereunder as applicable and the amended provisions pertaining to electronic documents / records in various statutes as amended by the Information Technology Act, 2000, between Mooving Smart Mobility & Energy Pvt. Ltd and the User of this Website. This electronic record is generated by a computer system and does not require any physical or digital signatures.
If You do not agree with the terms of this “Terms of Use” document please do not use this Website. By visiting this Website You unconditionally accept, and agree to be legally bound by the “Terms of Use” of the Website, read with the Privacy Policy (available here), Terms of Sale (available here) and / or any other document mentioned herein.
This document is published by Mooving Smart Mobility & Energy Pvt. Ltd in accordance with the applicable provisions of the Information Technology Act, 2000 and Rules thereunder that require publishing of the Terms of Use for access or usage of a website. Your use of the Website and services and tools are governed by Terms of Use as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies, including “Terms Of Sale” document that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting with Mooving Smart Mobility & Energy Pvt. Ltd and these terms and conditions including the policies constitute Your binding obligations, with Mooving Smart Mobility & Energy Pvt. Ltd. The terms “We” / “Us” / “Our” used in this Policy refer to Mooving Smart Mobility & Energy Pvt. Ltd and the terms “You”/ “Your”/ “Yourself” in this Policy refers to the users of the Website”Users” i.e. Third party Vendors of Products on the Website; Buyers of Products on the Website; or All persons who visit or access this Website, or avail any of its functionalities or use any data or information available on the Website in any manner. When You use any of the services provided by Us through the Website, including but not limited to, (e.g. Product Reviews, Seller Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.
We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to You. It is Your responsibility to review these Terms of Use periodically for updates / changes. Your continued use of the Website following the posting of changes will mean that You accept and agree to the revisions. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website. Accessing, browsing or otherwise using the site indicates your agreement to all the terms and conditions under these terms of use, so please read the terms of use carefully before proceeding. By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by Mooving Smart Mobility & Energy Pvt. Ltd Policies (including but not limited to Privacy Policy available on /s/privacy policy) as amended from time to time.
Services
The Website is an online platform in the form of an electronic marketplace and an intermediary that (a) provides a platform for Users (who are sellers) to advertise, exhibit, make available and offer to sell various Products to other Users (who are buyers/ customers), and (b) a platform for such other Users to accept the offer to sell of the Products made by the sellers on the Website and to make payments to the sellers for purchase of the Products, and (c) services to facilitate the engagement of buyers and sellers to undertake commerce on the Website, and (d) such other services as are incidental and ancillary thereto.
Membership Eligibility
Use of the Website is available only to persons who can form legally binding contracts under 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 Website. If You are a minor i.e. under the age of 18 years, You shall not register as a User of the website and shall not transact on or use the website. As a minor if You wish to use or transact on website, such use or transaction may be made by Your legal guardian or parents on the Website. Mooving Smart Mobility & Energy Pvt. Ltd reserves the right to terminate Your membership and / or refuse to provide You with access to the Website if it is brought to Mooving Smart Mobility & Energy Pvt. Ltd’s notice or if it is discovered that You are under the age of 18 years.
User Account, Password And Security
If You use the Website, You shall be responsible for maintaining the confidentiality of Your Display Name and Password and You shall be responsible for all activities that occur under Your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website and refuse to provide You with access to the Website.
Charges And Payment Related Information
Mooving Smart Mobility & Energy Pvt. Ltd does not levy any fee for browsing the Website or buying the Products on the Website. Mooving Smart Mobility & Energy Pvt. Ltd may charge Users certain fees for the use of specific services on the Website, or certain features of the Website. You agree to pay any such fees, as may be applicable to the services that You use. Mooving Smart Mobility & Energy Pvt. Ltd will try to ensure that You are made aware of the applicability of any fees for a particular use of the Website, as well as the amount of fees payable by You for any such use of the Website. You agree that Mooving Smart Mobility & Energy Pvt. Ltd may, at any time, charge, modify or waive fees required to use the Website. Your continued use of the Website after such change in the fees will be considered to be Your acceptance of such changes, and applicability of these Terms of Use to such change.
You agree to provide correct and accurate financial information, such as credit/debit card details to the approved payment gateway or pre-paid payment instrument account details for availing Services on the Website. You shall not use the credit / debit card or pre-paid payment instrument which is not lawfully owned by You in any transaction, You must use Your own credit / debit card or pre-paid instrument account. The information provided by You will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order or in accordance with the terms of the Privacy Policy. You will be solely responsible for the security and confidentiality of Your credit / debit card details or pre-paid instrument account. Mooving Smart Mobility & Energy Pvt. Ltd expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of Your credit/debit card or pre-paid instrument account.
Mooving Smart Mobility & Energy Pvt. Ltd may have existing arrangements with its banks, regarding limits on the amounts You can pay (if You are a buyer) or receive (if You are a seller) in the course of a single transaction. Mooving Smart Mobility & Energy Pvt. Ltd will work towards ensuring that You are made aware of such limits if they may be applicable to You. However, Mooving Smart Mobility & Energy Pvt. Ltd shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of You having exceeded the preset limit mutually agreed by Mooving Smart Mobility & Energy Pvt. Ltd with its bank from time to time. Mooving Smart Mobility & Energy Pvt. Ltd shall initiate the remittance of the payments made by You for Your purchase orders on the Website after the Products as delivered to You and the date of completion of transaction shall be after the Products are delivered to You and such other additional time as may be agreed between Mooving Smart Mobility & Energy Pvt. Ltd and sellers.
Use of The Website
You agree, undertake and confirm that Your use of the Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which You do not have any right ; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; is misleading in any way; is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity]; promotes an illegal or unauthorized copy of another person’s copyrighted work (see “Copyright complaint” below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult); tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” Products related to the Website. Throughout this Terms of Use, Mooving Smart Mobility & Energy Pvt. Ltd’s prior written consent means a communication coming from Mooving Smart Mobility & Energy Pvt. Ltd’s Legal Department, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization; solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal; interferes with another USER’s use and enjoyment of the Website or any other individual’s User and enjoyment of similar services; refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen Products; violates any law for the time being in force; deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; shall not be false, inaccurate or misleading; shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You shall not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Website.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms Mooving Smart Mobility & Energy Pvt. Ltd, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Mooving Smart Mobility & Energy Pvt. Ltd or sellers on platform or otherwise tarnish or dilute any Mooving Smart Mobility & Energy Pvt. Ltd’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or Mooving Smart Mobility & Energy Pvt. Ltd’s systems or networks, or any systems or networks connected to Mooving Smart Mobility & Energy Pvt. Ltd.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You shall not use the Website or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Mooving Smart Mobility & Energy Pvt. Ltd and / or others.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of Products or services. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
- Solely to enable Us to use the information You supply Us with, so that we are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Website.
- It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Website) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
- We reserve the right, but have no obligation, to monitor the materials posted on the Website. Mooving Smart Mobility & Energy Pvt. Ltd shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Mooving Smart Mobility & Energy Pvt. Ltd views. In no event shall Mooving Smart Mobility & Energy Pvt. Ltd assume or have any responsibility or liability for any content posted on the Website by the Users or for any claims, damages or losses resulting from use of such content and/or appearance of content on the Website. You hereby represent and warrant that You have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
- It is possible that other Users (including unauthorized Users or “hackers”) may post or transmit offensive or obscene materials on the Website and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Website, and that the recipient may use such information to harass or injure You. We does not approve of such unauthorized uses, but by using the Website You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Website. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- Mooving Smart Mobility & Energy Pvt. Ltd shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Intellectual Property Rights
The Website and the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code (not including any content posted by any User or any Third Party Content) on the Website (collectively, “the Content”) is owned and controlled by Mooving Smart Mobility & Energy Pvt. Ltd or its licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. No rights impliedly or expressly granted to You in respect of such Content through use of this Website. Mooving Smart Mobility & Energy Pvt. Ltd reserves the right to change or modify the Content from time to time at its sole discretion.
The trademark, logos and service marks displayed on the Website (“Marks”) are the property of Mooving Smart Mobility & Energy Pvt. Ltd or their Vendors/Sellers or respective third parties. You are not permitted to use the Marks without the prior consent of Mooving Smart Mobility & Energy Pvt. Ltd, the Vendor/Seller or the third party that may own the Marks. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Mooving Smart Mobility & Energy Pvt. Ltd owns all intellectual property rights to and into the trademark “Mooving Smart Mobility & Energy Pvt. Ltd”, and the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Mooving Smart Mobility & Energy Pvt. Ltd or third party owner of such Content.
Third Party Content
General third party information such as, Product catalogues, Product description and specification, lists of dealers, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the Products, links to third party websites and other data from external sources is made available on the Website (“Third Party Content”). All Third Party Content is provided on an ’As Is’ basis. Mooving Smart Mobility & Energy Pvt. Ltd may not own/ have the rights and tile to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Mooving Smart Mobility & Energy Pvt. Ltd shall not be held liable for any loss suffered by You based on Your reliance on or use of such Third Party Content.
Disclaimer of Liability
Mooving Smart Mobility & Energy Pvt. Ltd does not warrant that: This Website will be constantly available, or available at all times; or The information on this Website is complete, true, accurate or non-misleading. All the materials and Products (including but not limited to software) offered by the sellers thereof through this Website are provided on “as is” basis and Mooving Smart Mobility & Energy Pvt. Ltd is not responsible for any defect or deficiency in quality or performance of the Products made available on the website. Mooving Smart Mobility & Energy Pvt. Ltd will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Mooving Smart Mobility & Energy Pvt. Ltd does not warrant that this site; information, Content, materials, Product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components. Nothing on Website constitutes, or is meant to constitute, advice of any kind. All the Products sold on Website are governed by different state laws and if Seller is unable to deliver such Products due to implications of different state laws, Seller will return or will give credit for the amount (if any) received in advance by Seller from the sale of such Product that could not be delivered to You. You will be required to enter a valid phone number while placing an order on the Website. By registering Your phone number with us, You consent to be contacted by Us via phone calls and/or SMS notifications, in case of any order or shipment or delivery related updates. We will not use Your personal information to initiate any promotional phone calls or SMS.
Indemnity
You agree to indemnify and hold harmless Mooving Smart Mobility & Energy Pvt. Ltd, its owner, licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.
Limitation of Liability
IN NO EVENT SHALL Mooving Smart Mobility & Energy Pvt. Ltd BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Governing Law and Jurisdiction
These Terms of Use and all transactions entered into on or through the Website and the relationship between You and Mooving Smart Mobility & Energy Pvt. Ltd shall be governed in accordance with the laws of India. You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Website, these Terms of Use, the Agreement(s) or any transactions entered into on or through the Website or the relationship between You and Mooving Smart Mobility & Energy Pvt. Ltd shall be subject to the exclusive jurisdiction of the courts at Delhi, India.
Product Description
Mooving Smart Mobility & Energy Pvt. Ltd does not warrant that Product description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Profanity Policy
In compliance with Information Technology Act, 2000 and rules made thereunder, if You find any discrepancies or have any grievances in relation to the collection, storage, use, disclosure and transfer of Your Personal Information, You may please contact Head Legal at legal@sar-group.com
Grievance Officer
Mooving Smart Mobility & Energy Pvt. Ltd prohibits the use of language that is racist, hateful, sexual or obscene in nature in a public area. If a feedback, comment or any communication made between Users on the Website; or email communication between Users in relation to transactions conducted on Website contains any profanity, please submit a request for action / removal of the same. Mooving Smart Mobility & Energy Pvt. Ltd will consider the circumstances of an alleged policy violation and the User’s trading records before taking action. Violations of this policy may result in a range of actions, including: Limits placed on account privileges; Loss of special status; Account suspension
Disputes Between Buyer and Seller
In case of a dispute where the Seller is unable to provide a refund or a replacement, Mooving Smart Mobility & Energy Pvt. Ltd will proactively aid the parties towards reaching a resolution. The Buyer can write to Mooving Smart Mobility & Energy Pvt. Ltd at wecare@Mooving Smart Mobility & Energy Pvt. Ltd.in if any issue with the Seller is not resolved to the satisfaction of the Buyer. Mooving Smart Mobility & Energy Pvt. Ltd’s Customer Support team will look into the case and facilitate reaching a resolution.
Termination
This Agreement shall continue to apply until terminated by either You or Mooving Smart Mobility & Energy Pvt. Ltd as set forth below. If You want to terminate Your agreement with Mooving Smart Mobility & Energy Pvt. Ltd, You may do so (i) by not accessing the Website; or (ii) closing Your Account on the Website, where Mooving Smart Mobility & Energy Pvt. Ltd has made this option available to You. Mooving Smart Mobility & Energy Pvt. Ltd may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your future access to the Website if Mooving Smart Mobility & Energy Pvt. Ltd determines that You have violated the terms of these Terms of Use or any other policy or document mentioned in Clause 2.2 above. By use of this Website, You agree that any violation by You of the Terms of Use or the documents mentioned in Clause 2.2 above will cause irreparable harm to Mooving Smart Mobility & Energy Pvt. Ltd, for which monetary damages shall not constitute adequate relief, and You consent to Mooving Smart Mobility & Energy Pvt. Ltd obtaining any injunctive or equitable relief that Mooving Smart Mobility & Energy Pvt. Ltd deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Mooving Smart Mobility & Energy Pvt. Ltd may have at law or in equity. In addition to Clause 18.3 above, Mooving Smart Mobility & Energy Pvt. Ltd may at any time, with or without notice, terminate these Terms of Use (or any portion thereof) with You if: Mooving Smart Mobility & Energy Pvt. Ltd is required to do so by law or upon request by law enforcement or other government agencies; The provision of the services to You by Mooving Smart Mobility & Energy Pvt. Ltd is in Mooving Smart Mobility & Energy Pvt. Ltd’s opinion, no longer commercially viable; Mooving Smart Mobility & Energy Pvt. Ltd has elected to discontinue, with or without reason, access to the Website or any services provided through the Website; In the event Mooving Smart Mobility & Energy Pvt. Ltd faces any expected technical issues or problems that prevent the Website from working. You agree that all terminations shall be made in Mooving Smart Mobility & Energy Pvt. Ltd’s sole discretion and that Mooving Smart Mobility & Energy Pvt. Ltd shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information) or Your access to the Website or any services provided through the Website.
Notice
All notices with respect to these Terms of Use from Mooving Smart Mobility & Energy Pvt. Ltd will be served to You by email or by general notification on the Website. Any notice provided to Mooving Smart Mobility & Energy Pvt. Ltd pursuant to these Terms of Use should be sent to Grievance Officer at legal@sar-group.com.
Feedack and Information
Any feedback You provide to this Website shall be deemed to be non-confidential. Mooving Smart Mobility & Energy Pvt. Ltd shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that
- Your feedback does not contain confidential or proprietary information of You or of third parties;
- Mooving Smart Mobility & Energy Pvt. Ltd is not under any obligation of confidentiality, express or implied, with respect to the feedback;
- Mooving Smart Mobility & Energy Pvt. Ltd may have something similar to the feedback already under consideration or in development; and
- You are not entitled to any compensation or reimbursement of any kind from Mooving Smart Mobility & Energy Pvt. Ltd for the feedback under any circumstances.
To clarify, Mooving Smart Mobility & Energy Pvt. Ltd may at its discretion, make any modifications or changes to the Website, Content and /or Services on the basis of such feedback. However, Mooving Smart Mobility & Energy Pvt. Ltd shall not be obliged to do so. Further, in the event that Mooving Smart Mobility & Energy Pvt. Ltd makes any changes or modifications to the Website, Content and /or Services on the basis of any such feedback, You shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the Website, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the Website, Content and / or Services, and assign to Mooving Smart Mobility & Energy Pvt. Ltd, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the Website, content and /or Services, in perpetuity.
General Severability: If any provision of this Agreement is invalid, unenforceable or prohibited by law, this Agreement shall be considered divisible as to such provision and such provision shall be inoperative, and the remainder of this Agreement shall be valid, binding and of like effect as though such provision was not included herein. Mooving Smart Mobility & Energy Pvt. Ltd will substitute for the invalid or unenforceable provision a valid and legally enforceable provision, which achieves to the greatest extent possible the economic, legal and commercial objectives of the provision, which is invalid or unenforceable.
Waiver: No failure or delay by a party in exercising any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of the same preclude any further exercise thereof or the exercise of any other right, power or remedy.
Principal To Principal Relationship: You and Mooving Smart Mobility & Energy Pvt. Ltd are independent parties, and nothing contained herein shall constitute or be deemed to constitute an agency or partnership or joint venture between the parties.
Notice
All notices with respect to these Terms of Use from Mooving Smart Mobility & Energy Pvt. Ltd will be served to You by email or by general notification on the Website. Any notice provided to Mooving Smart Mobility & Energy Pvt. Ltd pursuant to these Terms of Use should be sent to Grievance Officer at legal@sar-group.com.
DND T&C*
We believe in bringing the best features, products and promotional offers for you from time to time. In order to make sure that you are aware of these offers and are availing their benefits, we prefer to reach out to you through personal communication via SMS and phone calls.