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User Policy

Terms and Conditions of User Policy

  • INTRODUCTORY PROVISIONS

     

     

     

  1. These Terms and Conditions of Use are applicable to the access and use of the services of the website ‘EMotorad’ (Hereinafter “website”) owned by EMOTORAD EUROPA SL (Hereinafter “Company”), a company registered under the Commercial Registry of Barcelona, with Tax Identification number (CIF) B10791028 and located at Av. Diagonal, 442, 08037, Barcelona, Spain.

  2. The acceptance to the Terms & Conditions is implied by using this website. We presume the User has carefully read, understood and accepted these terms and the User is bound by them and shall be considered as a valid contract under the Laws of Spain. All notices under this agreement will be considered as written and have been duly signed once the same is electronically confirmed.

  3. For purposes of ease of understanding, terms such as “You” and “User” shall be used to refer to the customer. Please read this document carefully before partaking in the use of the Platform and any of the services so offered by it. By entering and using the services as provided by the website, you shall be deemed to have accepted and consented to the Terms of Use as stated under this document;


  •  

    USER INFORMATION

     

     

  1. The User of this Website shall be a person who has attained the age of 18 years.  Any person below the age of 18 shall access the website only under the supervision of a guardian.

  2. The User of this website shall provide with the authentic Identity details such as Contact Number or Email Address, as a proof of verification to access the Website.

  3. These data must be truthful and up to date and the User agrees that Emotorad may use them to contact them if necessary. If any of the information classified as compulsory is not provided, Emotorad might not be able to process a certain order. Therefore, Emotorad, will not be responsible in any case for possible delays or failures in delivery as a result of error or omission of data.

  4. The information collected by website shall be protected under the  Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, also known as Spanish Data Privacy Act and the  Regulation (EU) 2016/679 (General Data Protection Regulation- GDPR) and such information shall be handed over to the Appropriate Law Enforcement Agencies as and when it shall be deemed required by the Appropriate Law Enforcement Agencies. 

  •  DEFINITIONS:
  •  CONFIDENTIAL INFORMATION:
  • All information collected by the Website for the purpose of creating an account and all the information collected in future to maintain, upgrade or degrade the account shall be the Confidential Information of the User.

 

  • USER:
  • User shall be a person who has attained the age of 18 years and who is a sound mind.
  • Any person irrespective of Nationality shall be termed as a user of this website under these GENERAL CONDITIONS
  • The user is an individual who basically utilizes the services provided by the website.

  • The user reserves the duty to follow the points laid down in this User Policy.

  • The user is an individual who assures the usage of the website for legitimate use only.


  • INTELLECTUAL PROPERTY:

  • Trademarks, Copyrights, website content, Logos, Words, terminologies, business concept etc. belonging to website.

 

  • CYBER CRIME:
  • Any action committed by the User or any Third Party for any illegal or unlawful purpose by utilizing the services provided by website

  • SERVICES:
  1. ‘EMOTORAD EUROPA SL’, creates electric bicycles, electric scooters, electric bikes and their parts.

  2. These bikes, bicycles, scooters are carefully created and manufactured by EMOTORAD EUROPA SL for creating an environment friendly alternative for the usage of the bikes, scooters and other vehicles.

  3. The bikes, scooters, bicycles, etc has been manufactured by EMOTORAD EUROPA SL for making it user friendly and more efficient in respect of nature. This is purely based on the rechargeable batteries and electricity.

  4. Additionally, we also intend to identify the present need for saving environment with effective measures. Therefore, we have created and manufactured the electric bikes and cycles.

  5. The User shall, for the purposes of using the services of the Platform, create an account and shall be responsible for maintaining the confidentiality of the login details, display name and purchase history. The User shall also be responsible for all activities taking place under his login ID and password. Details such as location, name, and so on as provided by the users shall be accessible by the website for the purpose of providing the services of the website as well as to other users contacting them.

  6. The Platform has the sole and exclusive right to suspend, block, impede, deny access and/or terminate the account of the User if a misconduct or breach of contract has occurred by their side. In the event of there being any unauthorized breach of the account of the User, the User shall immediately notify the Grievance Officer of the same who shall take necessary Action in an expeditious manner.

  7. Should the User choose any paid activity or feature of the website, they shall confirm the purchase(s) and then be directed to the payment processor gateway (Payment Gateway) which shall be a third party. The User must go through their privacy policy and terms of use and make sure they have acknowledged its content, before proceeding to make a payment using the Payment Gateway. The website shall in no manner be responsible for any and all issues arising from and in relation to the Payment Gateway;
  • In the event the User wishes to cancel, request refunding or terminate any purchase, then the User shall proceed in the manner as specified under this Agreement.

 

  • CONFIDENTIALITY:
  1. The information collected from the User shall be confidential information and it shall not be shared with the third person.

  2. However, the website reserves the right to share basic contents of the confidential information of both the User and the Website for the promotion of the Business and improvement of the Services offered.

  3. The confidential information shall only be shared with the Law Enforcement Agencies as per their formal request and when appropriate procedure is followed.

  4. The confidential information shall be shared if it is a requirement to launch in other platforms such as IOS, Android, Google, Microsoft etc.

  5. The user has the right to ask for which specific data E-motorad has gathered on their behalf, and shared to others if any, as well as any other GDPR rights.

  • USER CONDUCT:
  1. That the User must, for the purposes of being granted access to the Website and services offered thereunder, uphold and abide the following:
          1.1. The User shall not:
  • Engage in any form of activity whereby the confidential information of other User(s), including but not limited to their location, password, login details, purchase history and other such account details, is collected in any manner contrary to the law of the land.
  • Partake in any form activity on the Website by using the account of another User without their consent / knowledge.
  • Publish, put up, conduct business in a manner that is wrong, harassing, blasphemous, obscene, defamatory, libellous, hateful, disparaging, promote illegal activities such as gambling, pornography, money laundering or any other acts, material or images deemed unlawful by the Law of Spain.
  • Partake in activities which infringe on the Privacy rights of other User(s), website and any other individuals so associated, representatives, agents and even employees without their explicit consent
  • Behave in any manner deemed to be threatening, defamatory, obscene, disparaging and/or hurtful to any other individual on the basis of their religion, caste, class, creed, sex or other such factors deemed necessary in the eyes of law
  • Partake in any activity causing there to be unsolicited emails, messages, calls to other User(s), website and any other individuals so associated, representatives, agents and even employees of the same.
  • Partake in any action which directly or indirectly infringes on the intellectual property rights of the users, website or any other individual, association, corporate body, company, shop and/or commercial entity.
  • Partake in the marketing, advertising, providing information, instructions and/or solicitation of activities, objects, products, goods or works deemed unlawful in the eyes of the law.
  • Exceed the scope of authorized access to the website in manner so deemed unlawful and/or inappropriate by the law of the land.
  • Interfere with any other User(s) right to enjoy the services of the website in any manner which is held, construed and/or interpreted as being unlawful under the law of the land and/or as per the direction of the website.
  • Partake in the filing of information solely for fraudulent or misinformative purposes which are against the law of the land.
  • Partake in any actions that threaten the unity, integrity, defense, security or sovereignty of Spain, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence from happening or is insulting to any other nation.
  • Orders can only be placed for the purchase of goods without any intention of resale. The resale or distribution of products purchased through this website is strictly prohibited.

    1.2. For the purposes described as above, the User(s) shall be deemed to       conducting themselves in an unlawful manner should they:
  • Gain access to the Platform despite refusing to fill in the account details in a proper manner.
  • Harass the user(s) / website owner and any other individuals so associated, representatives, agents and even employees of the same in any manner by using the contact details so provided.
  • Partake in any activities with the sole intention of causing loss of revenue / business issues and/or any other financial problems to the website.
  • Partake in any action that is held to be against the Laws of Spain and the rules thereunder, EU GDPR and the rules thereunder.

 

  • INTELLECTUAL PROPERTY RIGHTS:

  • All information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Website are protected by copyright laws, trademark laws and/or other laws, licenses of use, and/or international treaties and belong to E-Motorad.
  • These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted, or circulated whether in whole or in part, unless expressly permitted by E-Motorad.
  • The reference images uploaded on the website will be purchased before being uploaded. All the intellectual property rights in the design and concept of the website E-Motorad, the name, logo, trade secrets will vest in the owner.
  • Nothing contained on the Website should be construed as granting by implication, promissory estoppel, or otherwise, any license or right to use any trademark displayed on the Website without the written permission. Misuse of any trademarks or any other content displayed on the website is prohibited.
  • We will not hesitate to take legal action against any unauthorised usage of our trademarks, copyrights, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trademarks of their respective owners.
  • The User shall also not use the services provided by the website to broadcast messages to promote any form of business that is of similar nature to that of the services provided by website.
  • The concept and working of the website are protected under the Intellectual Property Laws of Spain and therefore shall not be reverse engineered or replicated or re-created by the User.

 

  • AMENDMENTS:

  • We may periodically make changes to the contents of the Website, including to the descriptions of the services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Website or if any disruption of the Services offered on the Website occurs while the mentioned changes take place.
  • We reserve the right to amend these Terms and Conditions of Use from time to time without any notice. The revised Terms and Conditions of Use will be posted on the Website and shall take effect from the date of such posting.
  • The user is advised to review these terms and conditions periodically as they are binding upon you.

 

  • DISCLAIMER AND EXCLUSION OF LIABILITY:
  1. The Website agrees to protect all data provided by the User for the purpose of using the Website.
  2. The Website agrees to manage, store and delete all the data when necessary, belonging to the User in light of the circumstances that are raised.
  3. The website shall abide by the provisions laid down in the Laws of Spain and GDPR to protect the data provided by the user for the purpose of using the website.
  4. In light of a scenario where the Laws of Spain, or The Courts of appropriate Jurisdiction, or any other appropriate body or User, in the name of legitimate interest, public welfare and cyber security request the website to provide the data so collected from users, then the website shall provide the data, but only under the provisions substantiated by the law.
  5. The website shall take complete precaution and make effort to protect the data provided by the User which sall be kept secure at all times . But considering situations unfathomable or beyond the control of reasonability, if there is a data breach by the actions of a third party against public welfare, the website reserves the right to stay indemnified by the User.
  6. We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the website and the services offered in the website, your access to, use of or inability to use the website or the services offered in the website, reliance on or downloading from the website and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
  7. We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the website and these Terms and Conditions of Use. For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
  8. We will use all reasonable efforts to ensure that your personal data is kept secure at all times. However, you agree that no data transmission over the Internet can be guaranteed to be secure against access by unauthorised recipients and that we cannot be held responsible for any failure of security unless it is due to our negligence. You must also take reasonable security measures, both personal and material, to maintain the confidentiality of your username and password and notify us immediately of any loss, misplacement, theft, misappropriation, theft or unlawful access to or knowledge of your username and password by any third party.
  9. We reserve the right to cancel fraudulent orders, false or speculative orders, as well as those that have been requested by a customer with whom there may be a difference/controversy arisen from previous orders, or when there is reasonable doubt that may lead us to believe that the customer is violating any criminal activity.

  • WARRANTIES:

    To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the website and its contents, including in relation to any inaccuracies or omissions in the website, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
  • The website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Website will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
  • While the website may use reasonable efforts to include accurate and up-to-date information on the website, it does not guarantee the accuracy, timeliness or completeness of the Website. 
  • The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
  • Notwithstanding our efforts to ensure that our system is secure, the User acknowledges that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the website, or electronic mail transmitted to and from us, will not be monitored or read by others.

  • In relation to the products that can be purchased though this Website, the User, as a consumer, enjoys guarantees on the products in the terms legally established for each type of product, responding EMOTORAD EUROPA, S.L., therefore, for the lack of conformity of the same that is manifested within three years from the delivery of the product if it is a sale in Spain and two years in other countries. This warranty does not affect the rights available to the consumer under the laws in force in each country.

  • In this sense, it is understood that the products are in conformity with the contract provided that: they conform to the description made by EMOTORAD EUROPA, S.L. and possess the qualities presented therein. This warranty is void in the following circumstances and does not apply to damage caused by:

  • Improper assembly or installation
  • Accident, negligence or other misuse.
  • Corrosion and discoloration caused by sunlight.
  • Alteration or improper installation of components, parts or accessories not originally intended for or incompatible with the Product.
  • Inadequate repair
  • Failure to maintain or service at the proper intervals in accordance with the written instructions provided with the Product.
  • Inadequate maintenance

  • This warranty also does not apply to components or parts subject to wear and tear by their very nature, such as brake pads or shoes, tyres, sprockets, chain, etc.

 

  • JURISDICTION AND APPLICABLE LAW:
  • Any dispute arising with respect to the usage, services or any other dispute arising from third party shall be referred to Arbitration.
  1. The User shall intimate the website and initiate a discussion leading up to Arbitration if needed.
  2. The website reserves the right to take legal countermeasures if the User chooses to take any legal action. The action so taken by us will be on grounds of breach of contract and misuse of the law.
  3. Considering an action caused by a Third party, the User agrees to not initiate any action or proceeding for the damage caused by a third party.
  4. If we suspect any misuse of the website by the User, then we reserve the right to initiate a strict legal action against the User.
  5. The User must from time to time provide proof which is genuine in nature in any Dispute Resolution model.
  6. Any action taken without the consent of the website will be treated as a violation of this User Agreement and if it results in any damages sustained by us, then the User will be dealt with as per the provisions of by the laws of Spain.
  7. In the event the Parties choose to resolve the dispute via litigation, they agree to limit themselves to the jurisdiction of the courts of Barcelona, Spain.

 

  • TERMINATION:
  • That the website shall have the sole and exclusive right to unilaterally terminate the account of the User immediately in the following events:
  1. Should it be found that the said User has been engaging in activities that violate the Terms of Use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities.
  2. Should continue in the engagement of such activities despite being given due warnings not do so via mail.
  3. Are to manipulate, abuse, twist or mis-interpret the Terms of Use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities for purposes of partaking in activities that are unlawful.
  4. Refusal to make the requisite payments for paid features, if applicable.
  5. Harass, intimidate, provoke, abuse, hurt or partake in any unlawful action against the owner and the website, and any other individuals so associated, representatives, agents and even employees of the same.
  6. Should the User decide to terminate their account themselves, they may do so only after having:

    a. Completed any and all pending payments.

    b. Should not upload, create or share any malicious software, content, virus or destructive algorithm which may cause harm to the other users, website or any other concerned individual / third party.

    c. Breach any part of the Terms of Use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities.

    d. Once the account is so terminated, then the website shall not grant anyone access to the information and the same shall be erased within 90 days from any and all storage servers and other such personalized hardware used for the working of the Platform.

 

  • INDEMNITY:

  • The User shall hold harmless and indemnify the owner and the website, and any other individuals so associated, representatives, agents and even employees of the same from any and all claims, demands, actions, attorney’s fees made by any individual or third party due to a breach of the Terms of use, Privacy Policy and other such policies, the law of the land or any other rules and regulations put forward by the governing authorities caused directly / indirectly by the User and/or their actions while utilizing the Platform.

 

  • GRIEVANCE OFFICER:
  1. In the event there is any complaint / clarification / doubt/ issue that the User so seeks to be clarified, they must contact the Grievance Officer. Following are the details of the Grievance Officer:

    Full Name: Karan Sujan
    Email ID: info.europe@emotorad.com
    Office Number:+34 622260803
    WhatsApp Number:+34 605285472

  2.  The Grievance Officer shall attempt to resolve any and all issues so brought before him /her in a fair and expeditious manner within 28 business days. After completion of the review the Grievance Officer shall submit a report to the User and the website.

 

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