GREEN TIGER MOBILITY PRIVATE LIMITED
TERMS OF USE
Green Tiger Mobility Private Limited, having its registered office at 62/1/15, Kodichikkanahalli Main Road, 2nd Floor, Bommanahalli Village, Begur Hubli, Bengaluru along with its affiliates and subsidiaries (“We”, “us”, “ours”, “Green Tiger”), is the author and publisher of the website, https://www. greentiger.in/ and its mobile application (hereinafter collectively referred to as the ”Platform”.
The terms and conditions contained herein (“Terms of Use”) contain the complete terms and conditions that apply to a Visitor, User and/or the Client (hereinafter referred to as “you”, “your”, “yourself”) and govern the Visitor’s, Registered User’s and/or Client’s access to and use of the Service (as defined below). However, it is made clear that some of the Services may require the Visitor, User and/or Client to agree to additional terms and conditions. Unless otherwise provided, those additional terms shall be deemed to be incorporated into the Terms of Use.
Understanding the Terms of Use contained herein is important because, by using the Services on the Platform, the Visitor, User and/or Client is agreeing to these terms, in its entirety.
Please carefully read these terms of use (“Terms”) and the Privacy Policy available at https://greentiger.in/policy (“Privacy Policy”), before accessing, using and registering on the Platform. These Terms, along with the Privacy Policy, shall constitute a legal and binding agreement between Green Tiger and you for the purposes of availing our Services. These Terms are an electronic record in terms of the Information and Technology Act, 2000, and the rules framed thereunder. The same is computer-generated and therefore no physical or digital signature is required thereto
Green Tiger is in the business of developing solutions to make vehicles more environment-friendly as well as cost-effective, through the conversion of petrol two-wheeler vehicles into hybrid/dual-powertrain two-wheeler vehicles. In addition to hybrid/dual powertrain vehicles, We are also in the business of:
1)
manufacturing, assembling, buying, selling, trading and exporting all types of electric, hybrid and dual powertrain vehicles.
2)
Automobile workshops, undertaking or carrying out repairs, maintenance and other services for all kinds of vehicles and automobiles.
3)
Manufacturing, importing, exporting trading, and selling of all kinds of components, accessories, power electronics, power batteries (incl. lithium cells, etc.) for all kinds of electric, hybrid or dual powertrain vehicles.
Should you wish to convert your two-wheeler vehicle to a dual-powertrain model, you must register your interest on our Platform, place a request for the conversion, submit the requisite documents and details therein, and make the pre-registration payment (as defined hereunder) to Green Tiger in a timely manner, as set forth in the conditions below.
The Terms and Conditions governing your use of the Platform are set forth below:
1. DEFINITIONS:
Unless repugnant to the context, the terms used in these Terms of Use have the following meaning:
1.1
“Account” means the account created on the Platform at the time of registration.
1.2
“Affiliate” means, in relation to Green Tiger, a Subsidiary of Green Tiger or a Holding Company of Green Tiger or any other Subsidiary of that Holding Company.
1.3
“Client” means any person who has an Account on the Platform and has paid to receive the Services (as defined below) offered by Green Tiger via the acceptable mode of payment on the Platform.
1.4
“Force Majeure Event” includes any act, event, happening, non-happening, omission or accident beyond the reasonable control of Green Tiger and includes, without limitation, the following events:
a.strikes, lock-outs, or other industrial action;
b.riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c.fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster;
d.impossibility of the use of public or private telecommunications networks or internet services; and
e.the acts, decrees, legislation, regulations, or restrictions of any government, as may be applicable.
1.5
“Platform” means the Green Tiger’s website, mobile application and other digital applications provided for the purpose of using and/or availing the Services.
1.6
“Personal Data” shall have the same meaning as ascribed to the term “Sensitive Personal Data or Information” under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (as amended from time to time).
1.7
“Services” means any product and/or services offered by Green Tiger via its Platform, including but not limited to, the Green Tiger’s EV Conversion solution, whereby petrol-powered two-wheeler vehicle(s) is converted into hybrid/dual-powered vehicle in a manner that the Client has the option of alternating between use of petrol or electric mode, while riding the vehicle.
1.8
“User” means any individual who is not necessarily a Client but has the authority to login to the page on the Platform.
1.9
“Visitor” means any individual who is neither a Client nor a User, and is solely visiting the Platform or opening the Platform in its browser and closing it, without using the Services.
2. ACCEPTANCE OF TERMS :
2.1
The Visitor, User, and/or Client is deemed to have read, understood and accepted the Terms of Use, in its entirety, as well as the Privacy Policy available on the Platform if the Visitor, User, and/or Client—
a.uses the Platform or avails the Services provided through the Platform in any way; and/or
b.browses the Platform.
2.2
The Visitor, User, and/or Client acknowledges that BY ACCESSING AND USING THE PLATFORM, THE VISITOR, USER, AND/OR CLIENT AGREES TO BE BOUND BY THE TERMS OF USE CONTAINED HEREIN. IN THE EVENT, THE VISITOR, USER, AND/OR CLIENT DOES NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS CONTAINED HEREIN, IT SHALL NOT ACCESS THE PLATFORM OR AVAIL THE SERVICES.
2.3
The Terms of Use help define and establish a relationship between Green Tiger and the Visitor, User, and/or Client, whereby the Visitor, User, and/or Client shall act in the capacity of a Service recipient.
2.4
The terms and conditions contained herein expressly supersede all prior agreements or arrangements between Green Tiger and the Visitor, User, and/or Client, except the agreement for conversion of two-wheeler executed between you and Green Tiger (“Conversion Agreement”), if required, or any other agreement which expressly supersedes these Terms of Use, which shall always prevail.
2.5
The Visitor, User, and/or Client understands that the access to the Platform and the offer of Services is conditional upon the Visitor, User, and/or Client’s irrevocable consent and acceptance of all the terms, conditions, and obligations contained in these Terms of Use (as may be amended from time to time). For utilizing the Services, the Client agrees to enter into or execute any document, agreement, or terms and conditions which is required by Green Tiger and agrees to abide by such document or agreement or terms and conditions while utilizing the Services on the Platform.
2.6
By accessing the Platform, the Visitor, User, and/or Client hereby agrees to receive communication from Green Tiger, regarding registration on the Platform or Platform Services, including but not limited to, any promotional, marketing, transactional messages, through Email and/or SMS and/or any other electronic medium, including third-party channels such as WhatsApp, as approved by the Visitor, User, and/or Client.
2.7
The Client represents that it is lawfully, without any disability or restriction, able to enter into contracts.
2.8
The Client acknowledges and agrees that it is solely responsible for its data uploaded to or transmitted through the Platform as well as the consequences of uploading or transmitting its data onto or through the Platform.
2.9
The Client acknowledges, represents and warrants that with respect to any data uploaded to, posted on, or transmitted through the Platform that:
a.it has all necessary licenses, rights, consents, and permissions to upload, transmit, or publish such data and that it grants Green Tiger, express, irrevocable license and authorization to use such data for the Services; and
b.any use by Green Tiger of the data uploaded, transmitted, or published by it on the Platform will not constitute infringement of any your rights and/or any third party’s rights, over such data posted or transmitted through the Platform.
2.10
The Client agrees and acknowledges that it is solely responsible to Green Tiger for any breach of its obligations, representations and warranties under these Terms of Use and for the consequences of any such breach, including any loss or damage which Green Tiger may incur, whether directly or incidentally, due to any such breach.
3. CONDITIONS FOR USE:
3.1
You must be at least 18 years of age or higher, in order to access, register and use the Platform By accessing, registering, and using the Platform, you warrant that you are 18 years of age or above, and are competent to contract in the manner set forth in Section 11 of the Indian Contract Act 1872, and hence you have the right, authority and capacity to use the Platform, and you therefore agree to abide by the Agreement.
3.2
You must be the lawful owner of the Subject Vehicle, evidenced by relevant documents of title as prescribed by the respective state where such vehicle is registered.
4. OUR SERVICES :
Through our Platform, we offer services pertaining to conversion and servicing of petrol-powered two-wheeler vehicles into hybrid/dual-powered vehicles (“Services”), whereby the customer will have the option of alternating between use of petrol or electric mode, while riding the vehicle. You will be required to register on our Platform, create a user account and upload the details which would serve as proof of ownership of the vehicle sought to be converted, and make the payment in the manner set forth in the terms and conditions.
5. CONDITIONS FOR SERVICES & THE BOOKING PROCESS:
5.1.
In order to avail the Services listed on the Platform, you shall be required to fulfill the following conditions:
5.1.1
Registration on the Platform: In order to access and use our Services, you will need to register and create an Account on our Platform. When you create an Account, you will be asked for basic registration information, such as an email address, username, and password. You may also be asked to provide identification information to confirm your identity, including your first and last name, username, address, and phone number.
5.1.2.
Submission of Details of the vehicle: Upon the submission of your personal information and the creation of your Account on the Platform, you will be required to submit details of the vehicle which is sought to be converted ("Subject Vehicle"). Along with the details of the Subject Vehicle, you will be required to submit the following documents as proof of holding proper ownership and title of the Subject Vehicle:
a.Copy of the Registration Certificate
b.Documents pertaining to the insurance taken for the Subject Vehicle
c.Copy of PAN Card
d.Pollution Under Control Certificate
e.any other document specified on the Platform
You may alternatively visit the office of Green Tiger and manually fill up the registration form provided by our authorized personnel, giving your personal details such as your name, home address, phone number, along with a valid ID proof such as Aadhar Card, driving license or passport, and the details of the Subject Vehicle, and annexing the copies of the documents mentioned above.
5.1.3
Please note that Green Tiger’s EV Conversion Solution process is undertaken on a Pre-Booking basis in the following manner:
5.1.3.1
Pre-Order Registration: If you intend to avail Green Tiger’s EV Conversion Solution, you are required to register your interest towards the same by submitting your personal details along with the details of the Subject Vehicle, as described in clauses 5.1 and 5.2 above. You will also be required to make a nominal payment in advance at the time of pre-order registration, of INR 1000/- (One-Thousand only) (hereinafter referred to as the“Pre-Order Registration Fee”) through the acceptable mode of payment on the Platform (Debit Card/ Credit Card/ Net Banking/ Mobile Wallets/ payment gateways). You hereby agree and understand that Pre-Order Registration is only your expression of interest in availing our conversion solution, and is not a guarantee that our conversion solution shall be allotted to you. Pre-Order Registration does not make or hold Green Tiger liable, in any manner whatsoever and howsoever, to provide you with any of its Services, including our conversion solution.
5.1.3.2
Allotment of Slot for Inspection: Post your successful Pre-Order Registration, we may contact you to explain our Services for the purposes of onboarding you for an actual conversion process. Once you signify your willingness to proceed further with the process and subject to the availability of the slot with Green Tiger, we shall give you a particular date and time within which you will be required to deliver your petrol-powered two-wheeler for our Inspection.
5.1.3.3
Inspection of Subject-Vehicle: The process of Inspection shall be undertaken by Green Tiger to ensure that your vehicle is fit for, and can be made part of, our EV conversion solution. The same shall be carried out within 2 (“Two”) days from the date of delivery of the Subject Vehicle.
5.1.3.4
Once the Inspection is completed, we shall notify you whether or not your vehicle is fit for our EV conversion solution, and the number of days within which our conversion process will commence.
5.1.3.5
Execution of Conversion Agreement and Payment of Conversion Fee:In case your vehicle is fit for conversion, you will be required to visit our office and sign, in person, the Conversion Agreement prepared by us. This Conversion Agreement shall be in the form of a standard contract explaining your and Green Tiger’s rights and obligations in respect of the EV conversion process. At the time of signing the Conversion Agreement, you shall make a payment of INR ____ in favor of Green Tiger, either from your own funds or through any of our empaneled credit providers, towards the initiation of the actual conversion process (hereinafter referred to as the “Conversion Fee”). The Conversion Fee is separate from, and in addition to the Pre-Order Registration Fee.
In case you are not willing to enter into and execute a Conversion Agreement with Green Tiger for the installation of the EV Conversion Solution, it shall be deemed to mean complete foregoing/surrendering of your pre-order registration by you. Green Tiger shall grant you ___ days within which you may reconsider/reconfirm your decision of entering into and executing the Conversion Agreement, and/or to defer such execution to a later date, which shall only be permitted once. If we do not receive any response from you within the stipulated time, the Pre-Order Registration and subsequent inspection shall be considered to be forgone, and should you desire to avail the EV conversion solution of Green Tiger, you will have to register afresh on the Platform. The Conversion Agreement once signed shall not be transferable or assignable to any other party without written approval from Green Tiger.
5.1.3.6
Allotment of Slot for Conversion: Upon execution of the Conversion Agreement and on receipt of the full and complete Conversion Fee, we shall provide you a time slot, subject to the availability basis the other orders in the pipeline, within which we will convert your petrol-powered two-wheeler vehicle into hybrid/dual-powertrain vehicle. Generally, the process of conversion shall be completed within 5 (“Five”) days from the date of allotment of the conversion slot to you, but may be increased, subject to any Force Majeure Event.
5.1.3.7
Safety Testing of the Converted Vehicle: Electric vehicle covers a broad spectrum of technology and equipment. Electronic components can be combined with mechanical automotive parts. From a testing point of view, this means a wider variety of standards that may be relevant to ensure electrical safety of our Clients, the equipment and the infrastructure of the converted vehicle. As part of the safety testing procedure, we shall verify that the Converted vehicle is in compliance with all the applicable standards and is worthy of being safely driven on roads. We shall also evaluate the conformance, interoperability, and electromagnetic compatibility of the Converted Vehicle. Green Tiger gives utmost regard to the safety of its Clients, and keeping the same in mind, we will also carry out functional safety testing; performance testing; electrical safety testing; wireless testing; software testing, amongst others. This process shall take approximately 15 (“Fifteen”) minutes, subject to any external factor beyond the control of Green Tiger, and will form part of the Conversion process timeline.
5.1.3.8
Upon our full satisfaction only, we shall hand over the Converted Vehicle to the concerned Client, for usage.
5.1.3.9
Updating of RC (Registration Certificate): Every EV Vehicle is required to be registered under the Motor Vehicle Act of 1989 (as amended from time to time) with a valid number plate and relevant Registration Book/Certificate (RC). Green Tiger shall assist you with the filing of application for updating of the RC of the Converted Vehicle. Generally, the process of updating of RC takes place 15 (“Fifteen”) business days, however, the same is subject to the working of the relevant authority. Green Tiger disclaims all its liabilities and/or responsibilities, in case the relevant authority delays/postpone the updation process. Once the application for updating of the RC has been filed by you and is acknowledged by the Regional Transport authority, you may be either allotted a Temporary registration number or in case the Temporary registration number is not allotted, you may be allowed to use “A/F” (Applied For) on the number plate of the Converted Vehicle, as is the case with any ordinary vehicle.
5.1.3.10
If at any point in time after making pre-order registration and before execution of the Conversion Agreement, you desire to cancel the booking process, you shall be eligible for the same. In such case, if Green Tiger has not conducted any pre-conversion inspection, the Pre-Order Registration Fee shall be fully refunded, however, subsequent to Pre-order Registration, if Green Tiger has conducted any pre-conversion inspection to determine if the Subject Vehicle is suitable for conversion, in such a case, 50% of the Pre-Order Registration fee shall be forfeited by Green Tiger as part of his Service Fee, and remaining 50% shall be refunded to you, as illustrated under our Refund Policy. You may refer our Refund Policy here.
5.1.3.11
Green Tiger reserves the right to make modifications to the booking sequence in the event of oversubscription, technological shortcomings, economic or political crisis, and international/national resource crisis or Pandemic, or any other event which is beyond the control of Green Tiger.
6. GENERAL UNDERTAKING BY VISITOR/ USER/ CLIENT :
6.1
The Visitor/User/Client hereby undertake to not access or use the Platform for any purpose other than that for which the Platform is made available. The Platform shall not be used in connection with any commercial purposes, except in the manner approved by us. Further, the Visitor/User/Client agree not to:
6.1.1
Systematically retrieve any data or other content from the Platform to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
6.1.2
Make any unauthorized use of the Platform, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretense.
6.1.3
Use a buying agent or purchasing agent to book Services on the Platform.
6.1.4
Use the Platform to advertise or offer to sell goods and services.
6.1.5
Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
6.1.6
Engage in unauthorized framing of or linking to the Platform.
6.1.7
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
6.1.8
Make improper use of our support services/redressal mechanisms, by submitting false complaints of abuse or misconduct, or in any other manner.
6.1.9
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
6.1.10
Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
6.1.11
Attempt to impersonate another user or person or use the username of another user or person, or misrepresent its affiliation with a person or entity, and/or to sell or otherwise transfer your registration profile/Account;
6.1.12
Use any information obtained from the Platform in order to harass, abuse, or harm other persons/users.
6.1.13
Use the Platform as part of any effort to compete with us or otherwise use the Platform and/or the Content for any revenue-generating endeavor or commercial enterprise.
6.1.14
Attempt to bypass any measures, including security measures/firewalls of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
6.1.15
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
6.1.16
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform; delete the copyright or other proprietary rights notice from any Content; and/or copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other source code.
6.1.17
Decompose, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
6.1.18
Upload or transmit or misuse the Services or corrupt the Platform, or attempt to upload, or transmit or misuse the Services or corrupt the Platform, by introducing any viruses, bugs, worms, Trojan horses, or any other harmful material/malware, spyware, or any other program which is malicious or harmful, or indulge in any other activities, which would interfere with any user’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of or access to the Platform or its Services.
6.1.19
Attempt to gain any unauthorized access to the Platform, the server on which the Platform is hosted, or any other database, server, or computer connected to the Platform.
6.1.20
Use or attempt to use any unauthorized means, including but not limited to, use of any deep-link, program, automatic device, algorithm or methodology, or any similar processes, or hacking to access, utilize, copy or monitor any part/feature of the Platform or its content, or avail any Services or in any way reproduce or circumvent the source code, structure or layout of the Platform, or obtain or attempt to obtain any information not openly available on the Platform.
6.1.21
Upload or transmit, or attempt to so do, any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMS”).
6.1.22
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Platform, or using or launching any unauthorized script or other software.
6.1.23
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform, as well as our goodwill and business reputation.
6.1.24
Make any other use of the Platform which would or has the ability to violate these Terms of Use and/or any applicable laws or regulations.
6.1.25
The Client undertakes to ensure that any material/information/data uploaded by it on the Platform is strictly of nature and context as required by the Platform for the relevant Service, and is not in violation of any applicable law in force.
6.1.26
Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, accounts, passwords, servers, or networks connected to or accessible through the Platform.
6.1.27
cause any interference or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform.
6.1.28
Upload or distribute files that contain such material which is infringing the copyrights, trademarks, confidentiality, privacy or any other proprietary information protected by law, unless the Client has the rights or the necessary consents thereto.
6.1.29
use the Platform or Services for any purpose that is fraudulent, unlawful, or prohibited by the Terms of Use and/or by any applicable law in force, or to solicit the performance of any illegal activity or other activity which infringes the rights of Green Tiger and/or any of its Affiliates.
6.1.30
upload or distribute any material or information that is, or contains tags or keywords which are illegal, inappropriate, profane, obscene, offensive, abusive, harassing, misleading, indecent, defamatory, disparaging, or menacing, or is otherwise injurious to Green Tiger and/or any of its Affiliates, or is objectionable in any manner whatsoever.
7. OWNERSHIP OF CONTENT :
7.1
Any information or content, published by Green Tiger on the Platform, directly or indirectly, shall exclusively belong to Green Tiger. The copying of any such content or information for commercial purposes shall constitute a violation of Green Tiger’s copyright, and Green Tiger reserves the right to take appropriate legal action under applicable law, before the competent court.
7.2
The title and ownership of the contents of the Platform, including but not limited to information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement, and presentation of content on the Platform, at all times, shall vest with Green Tiger, along with the intellectual property (copyrights, trademarks, patents), design and all other related rights. You shall not modify, reproduces, display publicly, distribute, or use such content in any way, for profit, personal gain or any commercial purposes.
8. REPRESENTATIONS AND WARRANTIES:
8.1
You represent and warrant to us that:
8.1.1
Your use of the Platform will not violate any applicable laws of the jurisdiction/region from where you are accessing the Platform;
8.1.2
Any content uploaded by you on the Platform, or any information submitted by you on the Platform does not infringe applicable laws, rules, including but not limited to the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (“SPDI”), any third-party rights, including but not limited to intellectual property and privacy rights.
8.1.3
All information submitted on the Platform is correct, true, accurate and does not violate any applicable laws.
8.2
Your use of the Platform conveys your acceptance of the terms of Green Tiger’s Privacy Policy. Green Tiger shall not in any manner be liable for the correctness, authenticity or accuracy of the information submitted by you, and the same shall solely be your responsibility.
8.3
By using the Platform, you represent and warrant that:
8.3.1
All information you submit at the time of registering your Account will be true, accurate, current, and complete;
8.3.2
You will maintain the accuracy of such information and promptly update such information as necessary;
8.3.3
You have the legal capacity to, and you agree to, accept and comply with these Terms.
8.3.4
If at any point, you provide false, misleading, incorrect, inaccurate or incomplete information to the Platform, and/or Green Tiger is of the reasonable belief that the information provided on the Platform is false, misleading, incorrect, inaccurate or incomplete, then Green Tiger reserves the right to discontinue your use of the Platform, and may suspend/terminate your Account for the said reasons, or take any other action that it may deem appropriate or necessary, as the case may be, including legal action in against any user creating a fake account on the Platform.
8.3.5
You will not use the Platform for any illegal or unauthorized purpose.
8.3.6
Your use of the Platform will not violate any applicable laws or regulation.
9. CONFIDENTIALITY:
9.1
The Client acknowledges and agrees that all information, data or details in any form with respect to the Platform, its designs, structure and arrangement, visual interfaces, specifications, documentation, components, source code, object code, images, icons, audio-visual components and objects, schematics, drawings, protocols, processes, and other visual depictions, in whole or in part, in addition to all documents, data, papers, statements, any business/customer information, trade secrets and process of Green Tiger relating to its business practices or in connection with the provision of Services by Green Tiger, trade and business of Green Tiger, or otherwise, any information including names, assets, details, documents, transaction records, potential transactions, negotiations, pending negotiations, data, applications, software, systems, papers, statements, business information, marketing and financial information, databases, manuals, records and reports, articles, systems, material, sources of material, and any other data pertaining to Green Tiger, available to it through Platform[“Confidential Information”] is of a sensitive and confidential nature.
9.2
The Client undertakes to maintain the confidentiality of all Confidential Information, at all times, and shall not perform any act or omit to perform any act whose performance was otherwise necessary, to breach the confidentiality. The Client undertakes to use all Confidential Information with such care and discretion, but not less than reasonable care, to avoid disclosure, publication, or dissemination of Confidential Information, as it will exercise in respect of its own information of similar nature that it does not wish to disclose, publish or disseminate, without its prior written consent or in an unauthorized manner.
9.3
The Client may disclose Confidential Information only to the extent required by any regulatory authority or governmental authority under the applicable law, provided, prior to such disclosure, the Client shall immediately inform Green Tiger of such request for disclosure, to enable Green Tiger to obtain any order to prevent or limit the disclosure of Confidential Information; and
9.4
The Client agrees:
a.to take all necessary action to protect the Confidential Information against misuse, sale, loss, destruction, deletion, and/or alteration;
b.to use the Confidential Information only in connection with the Services/transaction for which the Confidential Information is obtained; and
b.not to misuse or permit misuse directly or indirectly, commercially exploit the Confidential Information of Green Tiger or any of its Affiliates through the Platform for economic or other benefit or in a manner prejudicial to Green Tiger.
10. DATA PROTECTION:
10.1
The storage, usage and transmission of all information obtained by it through the Platform, shall at all times be in accordance with the Information Technology Act, 2000 read with Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and all other applicable laws in force.
10.2
In the event Green Tiger obtains any Personal Data or Confidential Information pursuant to any transaction/Services, it shall only undertake the processing of Personal Data/Confidential Information reasonably required in connection with the performance of its obligations under the said transaction/Services. In the event any such Personal Data and/or Confidential Information is required to be used by Green Tiger for any purpose not expressly set out herein post termination/consummation of the said transactions/Services as aforementioned, the same shall take place pursuant to obtaining prior consent from the Client in this regard.
10.3
Green Tiger shall at all times have appropriate technical and organizational measures in place to:
a.prevent unauthorized or unlawful processing of any Personal Data/Confidential Information;
b.protect any Personal Data/Confidential Information against accidental loss, destruction or damage;
b.ensure the reliability of its employees/contractor having access to the Personal Data/Confidential Information;
10.4
Green Tiger shall comply with all applicable laws, including without limitation, the Data Protection Laws to safeguard the Personal Data/Confidential Information. For the purposes of this clause, Personal Data shall mean the information related to the Client, including their personally identifiable information and sensitive personal information (as envisaged under the Information Technology Act, 2008, and the rules made thereunder, each as amended from time to time) along with details of the Subject Vehicle as aforementioned in these Terms of Use as well as in the Privacy Policy of the Platform
11. LIMITATION OF LIABILITY :
11.1
Green Tiger, its, employees, agents, associates and Affiliates, will not be liable with respect to any subject matter relating to the Terms of Use under any law of contract or torts, or on account of negligence, strict liability or other legal or equitable rights for:
a.any special or consequential damages;
b.for interruption of use;
b.loss or corruption of data.
11.2
Green Tiger shall not be liable or responsible for:
a.any faulty operation of system during accessing of Platform or during the transmission/transfer of any data/information;
b.any damage that occurs due to any information provided by the Client but not being received by Green Tiger or not being received promptly or appropriately, as a consequence of technical faults with the Platform (whether or not in Green Tiger’s control);
c.any Confidential Information of the Client being used in any manner contrary to Clauses 10(c) and 10(d) of the Terms of Use, by any party;
b.any loss or damage caused due to any bugs, viruses, worms, malware, spyware, or any similar program that may infect the Client’s computer, software, data, or any other property caused by accessing or using the Platform or availing any Services, or from any emails, communication or attachment received from Green Tiger /Platform;
b.any failure to perform, or delay in performance of, any of the obligations or Services by Green Tiger due to events outside reasonable control of Green Tiger;
11.3
Green Tiger is not responsible for any indirect losses including, without limitation, loss of income, business, profits, data or any injury to reputation, howsoever arising.
11.4
Green Tiger is not responsible for any liability for any loss, costs or damage arising out of or in connection with the use of the Platform or the inability to use it or for any delay or failure in the performance of the Services on account of the Counterparty or due to any Force Majeure Event or any other circumstances beyond the control of Green Tiger.
11.5
The Client acknowledges that Green Tiger aims to facilitate seamless data and transaction processing, and that Green Tiger is not responsible for any failure of the Platform to store, transfer or delete data or for the corruption or loss of any data, information, or content uploaded therein. The accessing, and handling of any data uploaded by the Client on the Platform shall be the sole responsibility, and at the sole risk, of the Client.
12. TRANSFER OF RIGHTS:
12.1
The Terms of Use are binding on the Client, its successors and permitted assigns. It may not transfer, assign, charge or otherwise dispose of any of its rights, benefits, liabilities, or obligations hereunder without the prior written consent of the Green Tiger.
12.2
However, Green Tiger may transfer, assign, sub-contract or otherwise dispose of any of its rights, benefits, liabilities, or obligations under the Terms of Use, at any time, or may involve or appoint any third party to satisfy its obligations, without any necessity to notify the Client.
13. SECURITY OF DATA:
13.1
All facilities used to store data and process the transaction will adhere to reasonable security standards, which will be at par with the security standards adopted by Green Tiger for processing and storing its own information of a similar nature. Green Tiger has implemented industry-standard systems and procedures to ensure the security and confidentiality of a transaction and its related data, protect the Client against anticipated threats or breaches to the security or integrity of a transaction and its related data, and protect the Client against unauthorized access to its data.
13.2
The Client further acknowledges and agrees that it has granted Green Tiger the permission as well as the non-exclusive right to store and transfer its data, as part of the Services.
13.3
Green Tiger reserves the right to perform statistical analysis of the activity on Platform in order to measure interests in the various sections of the Platform for the purpose of product and Service development. Any non-personal information such as internet domain, host names, IP addresses, clickstream patterns, and the dates and times on which Platform is accessed may be recorded for the purpose of analysis. The analytical data collected is for internal use only.
14. SECURITY OF DATA:
14.1
The Platform and the arrangement and processes thereof, including, but not limited to, all text, graphics, user interfaces, visual interfaces, and the computer code, source code, and object code is owned by Green Tiger, and the design, structure, and arrangement thereof is protected under copyright, patent and trademark laws, and all other applicable intellectual property rules, regulations and guidelines, and that the Client shall not use the aforesaid without the prior written consent of Green Tiger.
14.2
The trademarks, logos and marks displayed on the Platform are the property of Green Tiger. The Client shall not use any trademarks, logos and marks not belonging to it, without the prior consent of Green Tiger.
14.3
Intellectual Property Right in any and/or all content posted on the Platform shall at all times vest with Green Tiger, and any reproduction, transmission, commercial use of any or all the material thereof is strictly prohibited, and Green Tiger reserves the right to take appropriate legal action for the same before the competent courts, if necessary.
14.4
In the event the Client infringes or attempts to infringe the copyrights or other intellectual property rights of Green Tiger, Green Tiger may, in its sole discretion, deny the Client access to and use of the Platform.
14.5
The Client agrees and undertakes not to upload, post, disseminate, reproduce, or distribute any content on the Platform, either belonging to Green Tiger or to any third party, without obtaining written consent from the person/entity in whom the rights to such content are vesting. Any unauthorized dissemination, use, distribution or reproduction of any proprietary content confers upon the holders/owners of such rights to pursue appropriate legal action against you before the competent court, and/or any other legal remedy, as the case may be. No content/information/post on the Platform shall in any way be construed to grant any user, any right to use any proprietary information or intellectual property of Green Tiger without obtaining written permission for the same.
14.6
The Client agrees and understands that that any breach of this clause, or of these Terms of Use, by the Client would cause irreparable damage to Green Tiger, and Green Tiger therefore, reserves the right to seek injunctive relief against the Client, in addition to other remedies available in law and equity, before the competent court/legal forums.
13. TAXES:
15.1
The Client shall be responsible for identifying and paying all taxes, duties, cess and other fees and charges (and any penalties, interest, and other additions thereon) that are payable by the Client with respect to the transactions through the Platform.
15.2
Green Tiger will not be liable to pay any taxes which are payable by the Client to any governmental authority for any such transaction, particularly in respect of Updation of RC of the Converted Vehicle.
16. MODIFICATION OF TERMS OF USE:
16.1
The Client acknowledges and agrees that Green Tiger has the right to revise, modify, amend or discontinue any of the Terms of Use from time to time, including, without limitation, to reflect, inter-alia, changes in market conditions, technology, requirements, laws, etc., and Green Tiger shall not be obligated to obtain any approval/consent of the Client on the revised Terms of Use. The Client is deemed to be aware of the latest Terms of Use and the use of Platform and the availing of the Services is subject to the most current version of the Terms of Use available on the Platform at the time of such use. The use of Platform and Services subsequent to any modification in the Terms of Use will constitute the Client’s acceptance of the modification.
17. COMMUNICATION AND SUBSCRIPTION:
17.1
Your acceptance of these Terms shall also include your acceptance towards any news, updates, offer/campaign-related SMSs, to the contact number provided by you. By accessing, registering on the Platform, and thereby verifying your contact number for the same, and subsequently using the Platform, you thereby explicitly consent to receiving such communications from us through phone call, SMS, e-mail, or any other digital or electronic media from us, or any of our authorized personnel/representatives regarding any new products, services and offers.
17.2
You may, at any time, exercise your right to unsubscribe/opt-out of receiving any marketing/promotional communications, newsletters, SMSs, e-mails or any other such notifications from us at any time by referring to and following the instructions contained in such communications.
17.3
You agree to cooperate with Green Tiger, as and when we reach out to you through phone call, SMS, e-mail or any other medium of communication, for the following purposes:
17.3.1
Obtaining feedback/reviews with respect to the Platform.
17.3.2
Resolving complaints/grievances raised by you with respect to your use of the Platform
18. DISCLAIMER:
18.1
All the information provided on the Platform is subject to the condition that you make an independent determination regarding the accuracy, correctness, usefulness, and suitability, prior to using the same, and Green Tiger assumes no responsibility/liability for accuracy, correctness, usefulness, and suitability of the said information. Further, Green Tiger shall not be responsible in any manner, for the data provided, stored, or managed by you on the Platform.
18.2
The information on the Platform may contain inaccuracies or typographical errors. While Green Tiger shall make its best efforts to ensure that all the information on the Platform is correct and accurate, it makes no warranties or representations with respect to the accuracy, quality, and correctness of the said information.
18.3
The entire information on the Platform is provided on ‘as is’ basis, without any warranty or guarantee of any kind, including but limited to the implied warranties of merchantability and suitability for a certain purpose, title, non-infringement, accuracy or security.
19. LIMITATION OF LIABILITY:
19.1
Green Tiger makes no warranty, express or implied, with respect to the Platform, its Services or its contents, and assumes no liability or responsibility whatsoever, for any losses/damages, direct or indirect, suffered by you or any other user, on account of using the information on the Platform, availing of any Services or acting on the basis of any suggestion made, or opinion given by Green Tiger on the Platform.
19.2
You agree that Green Tiger shall not under any circumstances be liable for any direct, indirect, punitive, incidental, special, or consequential, or any other form of damages resulting from (i) your use or inability to use or access the Platform, (ii) any unauthorized access/use/alteration of your data, or (iii) any other matter, including but not limited to damages for loss of data, loss of profit, arising out of your use of the Platform.
19.3
You agree that any data or material which is downloaded or otherwise obtained by you through the Platform, is done at your sole discretion, and you will be solely responsible for any damage to your computer/device systems or loss of data resulting from such downloads.
20. INDEMNIFICATION:
The Client hereby agrees to indemnify and hold harmless Green Tiger (including its directors, employees, representatives, agents, and affiliates) from time to time, against any and all losses, liabilities, obligations, damages, judgments, costs, expenses (including, without limitation, advisors’ fees), claims, fines, penalties, proceedings, actions or demands, of any kind or nature incurred by Green Tiger/caused to Green Tiger on account of Client’s use of the Platform or the Services, including but not limited to, the violation of the Terms of Use.
21. GOVERNING LAW AND JURISDICTION:
These Terms of Use are governed and construed in accordance with the laws of India and the Client hereby submits themselves to the exclusive jurisdiction of courts and tribunals at Karnataka, India. The Client irrevocably waives any objection it may have now or in the future to the choice of courts and tribunal of Karnataka, India as an inconvenient forum.
22. SEVERABILITY :
Every provision contained in these Terms of Use shall be severable and distinct from every other provision and if, at any time, any one or more of such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not be, in any manner, affected or impaired thereby.
23. WAIVERS :
23.1
Neither the failure to exercise nor any delay in exercising any right, power, privilege or remedy under these Terms of Use shall, in any way, impair or affect the exercise thereof or operate as a waiver thereof, in whole or in part.
23.2
No single or partial exercise of any right, power, or privilege under these Terms of Use shall prevent the exercise of any other right, power, privilege or remedy under these Terms of Use.
24. CONTACT INFORMATION:
Please feel free to contact us if you have any questions about our Terms of Use or the information practices of the Services, on the below mentioned details:
Addressed To : Green Tiger Mobility Private Limited
Email Address : sales@greentiger.in
Office Address : 2nd Floor, 62/1/15, Kodichikkanahalli Main Road, Bommanahalli Village, Begur, Bengaluru, Karnataka 560068