Terms & Conditions
Last updated on [16th Nov 2024. 2:30:00]
These Terms and Conditions, along with privacy policy or other terms (“Terms”) constitute a binding agreement by and between Log 9 Mobility Private Limited (“Website Owner” or “we” or “us” or “our” or “Company”) and you (“you” or “your”) and relate to your use of our website, and availing of our services ( “Services”).
The other terms and conditions relating to the use of Services by you shall be agreed in a separate written agreement executed between you and the Company (“Service Agreement”). You acknowledge and agree that the terms contained under these Terms are supplementary to the provisions contained in the said Service Agreement and shall not be in derogation of such Service Agreement. In the event of contradiction between these Terms and the Service Agreement, the latter shall prevail.
By using our website and availing the Services, you agree that you have read and accepted these
Terms (including the Privacy Policy). We reserve the right to modify these Terms at any time and without assigning any reason. It is your responsibility to periodically review these Terms to stay informed of updates. The use of this website or availing of our Services is subject to the following terms of use:
- To access and use the Services, you agree to provide true, accurate and complete information to us during and after registration, and you shall be responsible for all acts done through the use of your registered account.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials offered on this website or through the Services, for any specific purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of our Services and the website is solely at your own risk and discretion.
- You are required to independently assess and ensure that the Services meet your requirements.
- The contents of the website and the Services are proprietary to Us and you will not have any authority to claim any intellectual property rights, title, or interest in its contents.
- You acknowledge that unauthorized/illegal use of the website or the Services may lead to action against you as per these Terms or applicable laws.
- You agree to pay us the charges associated with availing the Services. The fee is subject to periodical escalation as agreed between us. You agree not to use the website and/ or Services for any purpose that is unlawful, illegal or forbidden by these Terms, or central, state or local laws that might apply to you.
- You acknowledge that the Company shall raise an invoice on You for such payment on such a date as per the Service Agreement on the 1 st of every month and you shall pay the same within the time period, as stipulated thereunder. You shall pay a late charge at the rate specified under the Service Agreement, if the payment is delayed beyond the due date, as stipulated thereunder. The Company reserves the right to discontinue Services or immobilize /repossess the EVs, if the default in the fee payment continues for a period of more than 15 (fifteen) days beyond the due date.
- You shall provide the details of your bank account under which NACH mandate (“NACH Specified Account”) would be in our favour for payment of automated payment. You shall not close the NACH Specified Account, without prior written consent of the Company. You further agree to maintain sufficient balance in the NACH Specified Account to ensure and to facilitate the debit of the account towards payment to the Company, on the due date. The NACH Specified Account shall be your primary account.
- In the event the E-NACH mandate is dishonoured, the provisions under Chapter IV of the Payment and Settlement Systems Act, 2007 shall apply and in such event, you shall also be liable to pay incidental charges and costs to the Company, including the charge of INR 1,000/- (Rupees One Thousand only) payable for each dishonour / return, irrespective of any reason), without prejudice to the remedy under Negotiable Instrument Act, 1881, as available to the Company.
- Security Cheque: You shall pay undated bank cheques (one or more, as demanded by the Company), as a security (each a “Security Cheque”) duly executed (under the signature of its directors) of value as stipulated under the Service Agreement. This Security Cheque will be returned to you, at the termination of the Service Agreement, subject to the option of the Company to apply it against any unpaid fee, charges, damages, claim or other liabilities. As and when required by the Company (including in case of encashment), you shall replace/replenish such Security Cheque(s), with another duly executed cheque(s) of the same amount, to ensure continuing validity of the cheque(s).
- Bank Guarantee/ Lein marked FD: If required under the Service Agreement, you shall provide Bank Guarantee / Lein marked fixed deposit, of such amount and in such manner as agreed under the Service Agreement, to the satisfaction of the Company.
- Corporate Guarantee / Personal Guarantee: In case, You are a corporate entity, you shall cause your promoter/partner to issue a deed of corporate guarantee (or personal guarantee, in case the promoter/partner is an individual) in favor of the Company, in the form agreed satisfactory to the Company, to ensure compliance of the Service Agreement, and Company shall have the right to invoke the said guarantee, in case of any default or breach by you of the terms and conditions of the Service Agreement.
- You agree and acknowledge that website and the Services may contain links to other third party websites. On accessing these links, you will be governed by the terms of use, privacy policy and such other policies of such third-party websites.
- You understand that upon initiating a transaction for availing the Services you are entering into a legally binding and enforceable contract with the us for the Services, read with the Service Agreement.
- You shall pay a security deposit in respect of the Service availed as will be agreed between you and the Company. This security deposit will be returned to you at the termination of the Service Agreement, subject to the option of the Company to apply it against any unpaid payment, charges, damages, claim or other liabilities. As and when required by the Company (including in case of invocation), you shall replace/replenish such Security Deposit amount, with the same amount.
- Taxes: You shall pay all rates, rents, taxes and charges, which may from time to time be required in connection with the Services, and comply with all statutory and other obligations of all kinds in relation to the use of Services and indemnify the Company from and against all losses however incurred or suffered by the Company by reason of failure by You to comply with any of the above.
- Risk of Loss: In case Services relate to leasing or licensing of Electric Vehicles (EVs) to you, then you shall assume the entire risk of loss or damage to the EVs from any cause whatsoever and your obligation shall not be affected in any manner irrespective of any damage, loss, or destruction thereof. If, during the term and until the return of the EVs, they are damaged, destroyed, stolen, abandoned, or taken by any judicial or governmental authority, you will remain financially responsible. Your detailed indemnity obligations are as contained under the Service Agreement.
- Notwithstanding anything to the contrary contained hereunder, the Company’s total liability arising out of or in connection with the Services, whether in contract, tort, or otherwise (including third party claim), shall be strictly limited to an amount not exceeding one (1) month’s fee paid by you. Under no circumstances shall the Company be liable for any indirect, incidental, consequential, or special damages, including but not limited to loss of revenue, profits, or business opportunities, arising from the use, performance, or condition of the EVs/Services, even if the Company has been advised of the possibility of such damages.
- Notwithstanding anything contained in these Terms, the parties shall not be liable for any failure to perform an obligation under these Terms if performance is prevented or delayed by a force majeure event.
- These Terms and any dispute or claim relating to it, or its enforceability, shall be governed by and construed in accordance with the laws of India.
- All disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Bengaluru, Karnataka.
- All concerns or communications relating to these Terms must be communicated to us using the contact information provided on this website.