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Terms & Conditions

The Terms and Conditions (“Terms”) of the website is executed between the “user” (as defined hereinafter) and The Speed Loop Auto Private Limited registered under the Companies Act, 2013 having its CIN: U72900TN2020PTC135204, and its registered office at, Office No. 5A. Cenotaph Road 1st Street, Teynampet Chennai, India hereinafter referred to as “Speedloop Auto”, “we”, “us” or “our”) and its affiliates, subsidiaries, and applies to any activities by the user on the official website of Speedloop Auto.

Hereinafter, the words “you”, “your” or “User” used herein shall be referred to all individuals and/or browsing, accessing or using the Platform (as defined hereinafter).

Both, You and Speedloop Auto shall hereinafter jointly be referred to as “Parties” and individually be referred to as “Party”.

These Terms form a legally binding contract between you and Speedloop Auto and its affiliates and subsidiaries. You understand and agree to be bound by these Terms by accessing or using our Platform for any activities you perform on our Platform. The Terms, Privacy Policy, (as defined below) shall be referred to collectively as “Speedloop Auto Policies,” including any modifications or amendments made thereto by Speedloop Auto at its sole discretion from time to time. You are not authorised to access our Platform if you do not agree to these Speedloop Auto Policies.

By accepting these Terms, you represent that you have the legal capacity to enter into or, if you are acting on behalf of an entity, that you have been legally authorised by the entity to enter into this legally binding contract on behalf of the same, and you agree that these Terms legally bind you or the entity on behalf of which you purport to act, in the same manner as a signed, written, paper contract. These Terms constitute an electronic record within the meaning of the Applicable Law (as defined hereinafter). This electronic record is generated by a computer system and does not require any physical or digital signatures. Further, Users are deemed to have accepted these Terms if they access, browse, use, or otherwise interact with this Platform or by using any of the information contained therein. The User expressly acknowledges and agrees to be bound by the Terms, regardless of however the User or anyone on the User’s behalf has accessed, installed, downloaded, or used the Platform and whether or not the User has registered on the Platform.

BY ACCESSING OR USING THE PLATFORM, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE, OR THE REQUIRED LEGAL AGE IN YOUR JURISDICTION; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM.

DEFINITIONS

“Applicable Laws” shall mean any and all:

  1. laws, statutes, constitutions, treaties, rules, regulations, ordinances, codes, guidance, and common law; and
  2. all judicial, executive, legislative, administrative or military orders, directives, decrees, injunctions, judgments, permits, agreements, and other legal requirements, in each case, of, with, or adopted or imposed by any Governmental Authority (as defined hereinafter), now or hereafter in effect and, in each case, as amended from time to time.

“Confidential Information” shall mean the definition as prescribed under Clause 6 of these “Term”

“Government Authority” shall mean any government authority, statutory authority, regulatory authority, executing authority, any judicial body, municipality, district or other subdivision thereof.

“Intellectual Property or IP Rights” The Intellectual Property Rights in this Website and the materials on or accessible via it belong to Speedloop or its licensors. This Website and the materials on or accessible via it and the Intellectual Property rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of accessing and using this Website, further it includes but not limited to:

    • all rights, title, and interest under any statute or under Applicable Law including Trademark Rights, but not just constraint to the web page, logo, domain name etc., patent rights; copyrights including moral rights; and any similar rights in respect of the Intellectual Property, anywhere in the world, whether negotiable or not;
    • any licenses, permissions and grants in connection therewith;
    • applications for any of the foregoing and the right to apply for them in any part of the world;
    • right to obtain and hold appropriate registrations in Intellectual Property anywhere at the world;
    • all extensions and renewals thereof;
    • causes of action in the past, present or future, related thereto including the rights to damages and profits, due or accrued, arising out of past, present or future infringements or violations thereof and the right to sue for and recover the same.
    • rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off and other similar intellectual and commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them. Speedloop retains and reserves all rights in such Intellectual Property Rights.

“Intellectual Property” Includes Idea, concepts, discoveries, inventions, creations, improvements, know how, trade or business secrets; trademarks, service marks, utility, designs, model, devices, tools, methods, processes, procedures, systems, principles, synthesis, protocols, algorithms, works of authorship, drawings, books, flowcharts, papers, models or 3D models, sketches, formulas, proprietary techniques, research projects, copyright, designs, and other confidential and proprietary information, data, databases, moral rights, documents, instruction manuals memoranda, notes, user guides, in either printed or machine-readable form, whether or not copyrightable or patentable or protectable under any other intellectual property law, or any written or verbal instructions or comments.

“Loss” shall mean all direct losses, damages, liabilities, costs (including legal fees), expenses, charges, interest, penalty, claims, arbitration, proceedings, suits and all sums paid in relation to any compromise or settlement of any claim, arbitration, suit or proceeding.
“Misuse” or “Abuse” shall mean any act by the user, which is contradicting, and prima-facie or any other violation of this Terms, just not limited to whatever has been mentioned in these Terms, but which is not expressly or impliedly forbidden by the letter of these Terms.
“Personal Data” shall mean any personally identifiable information relating to an identified or identifiable individual, including data that identifies an individual or that could be used to identify, locate, track, or contact an individual. Personal Data includes both directly identifiable information, such as a name, identification number or unique job title, and indirectly identifiable information such as date of birth, unique mobile or wearable device identifier, information that could be used to identify a household, telephone number, key-coded data or online identifiers, such as IP addresses, and includes any data that constitutes “personal data” under the GDPR or similar terms under other Data Protection Law. For the avoidance of doubt, Personal Data includes (without limitation) Personal Identification Information.
“Personal Identification Information” shall mean name, address, identification number, phone number, Email-id, and includes any other information by which you may be personally identified.
“Platform” shall mean our website and/or the or such website powered by Speedloop Auto, and made available to Users by us. It does not include any website owned or operated by a Third-Party that may be accessed from any page on websites powered by Speedloop Auto.
“Sensitive Personal Data or Information” shall mean the definition which is prescribed in the Speedloop Auto, Privacy Policy.

“Third Party” shall mean a party who is not a signatory to these Terms.
“User Content” shall mean any content such as text, photos, audio, video, or other materials and information, created, uploaded, posted, sent, received, and stored on or through the Platform by the User.
 “Vehicle” shall mean the High Performance Reverse Trikes, which is owned by Speedloop Auto.

  1. Eligibility:
    • By checking any acceptance boxes, clicking any acceptance buttons, submitting any text or User Content or simply by browsing, accessing or making any use of the Platform you: (i) accept the Terms and agree to be bound by each of its terms, and (ii) represent and warrant to Speedloop Auto that: (a) these Terms are binding and enforceable against you; (b) to the extent an individual is accepting these Terms on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity; and (c) you have read and understand our Policies, the terms of which are incorporated herein by reference, and agree to abide by the Speedloop Auto Policies. These Terms are made between you and us and shall come into effect on the date which you access the Platform and shall continue unless and until terminated by us or you. Further, when the user stops browsing, or using the website, or any other platforms provided by Speedloop Auto on its website, the terms will be terminated.
    • In the event that the User or anyone acting on the User’s behalf does not wish to be bound by the Terms, the User (or the legal person/entity acting on the User’s behalf) unequivocally agrees to refrain from accessing, using or retaining the Platform on any device in any manner whatsoever. The User agrees that anything done or caused to be done by the User or anyone acting on the User’s behalf, whether expressly or impliedly that is in contravention of the Terms will render the User liable for legal and punitive action.
    • While adolescents under the age of 18 (eighteen) may utilize/browse the Platform, they shall do so only with the involvement, guidance, and supervision of their parents and/or legal guardians. Speedloop reserves the right to terminate your access and refuse to provide you with access to the Platform if Speedloop discovers that you are under the age of 18 (eighteen) years or the required legal age in your jurisdiction. You further represent and warrant that you are not under any legal or other deficiency which prevents/may prevent you from entering into a valid contract under the Applicable Laws; and (ii) making any valid transaction with Speedloop.
    • You are responsible for, and agree to comply with, all laws, rules, and regulations applicable to your use of the Platform and any transaction you enter into on the Platform or in connection with your use of the Platform.
  1. Acceptance of Terms: The User further agrees that this electronic form of contract shall be legally binding, further the User must accept to these Terms for accessing the Platform. These Terms include by reference other terms disclosed and agreed to by the User in the event the User registers itself on the Website.
  1. Collection of Information: You agree that we shall have the right to collect and/or use or analyse your Personal Data or Sensitive Personal Data as set forth in the Privacy Policy. All collection, storage, use and disclosure of any information provided by you will be in accordance with our Privacy Policy. Use of the Platform is also governed by the Privacy Policy. We only use your information as described in the Privacy Policy. We view protection of Users’ privacy as a very important community principle. If you object to the Privacy Policy in any way, please do not use the Platform.
  2. Modification: We reserve the right to regularly modify or alter these terms as and when we deem fit. The latest version of the Terms will be posted on the Platform. Further, if any alterations materially affect the User, we will notify the User via electronic mail, or through any other mode of communication as mentioned in the Clause. Other updates or changes will be posted on the Website directly, it’s the User duty to frequently check these Terms. By continuing to use the Platform for any activities, after such alterations are done, you are bound to agree to the new Terms. The new Terms shall supersede all prior versions.Speedloop Auto reserves the right to change the price, model, variants, design, specifications and features of the Vehicles as displayed on the on the Platform at any time without any prior notice and any liability.

    Disclaimer

    It has been understood by the User, that the image of the vehicle displayed on the website has been displayed, with a purpose to market the product, and such images and videos may differ from the actual appearance of the Vehicle.

  1. Intellectual Property:
    • You acknowledge and agree that Speedloop Auto owns and reserves the right, title and interest in and to the Vehicles, Platform, Contents, and videos, displayed on the website, and otherwise.
    • To the extent required in order for us to operate this Platform and provide you with the promotion of the Platform, you grant to us a non-exclusive, world-wide, royalty-free, transferrable, irrevocable license and right to host, publicly display, transmit, distribute, or use (that includes the right to copy, reproduce, and/or publish) the User Content you upload onto this Platform. Insofar as User Content (including images) includes Sensitive Personal Data, such User Content will only be used for these purposes if such use complies with the applicable Data Protection Laws in accordance with the law. Unless otherwise agreed between the Parties, Speedloop does not claim any ownership rights in any User Content and nothing in the Terms and/or Privacy Policy will be deemed to restrict any rights that the User may have to use or exploit its User Content.
    • You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Platform, or you have all rights, licenses, consents and releases that are necessary to grant to Speedloop Auto the rights in such User Content, as contemplated under these Terms and/or Privacy Policy; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Speedloop Auto use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a Third Party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or Intellectual Property Rights, or rights of publicity or privacy, or result in the violation of any Applicable Law or regulation.
    • You acknowledge and agree that you shall not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other Intellectual Property or proprietary information accessible through the Platform, without first obtaining the prior written consent of Speedloop Auto.
    • Any images and videos displayed on the website, on which Speedloop Auto has no ownership or rights, are displayed for design, attractiveness, and communication purposes, and have no intent to compete, in any sense to the other businesses.
  1. Confidential Information: During the course of your use of our Platform you may receive information relating to us or to our Vehicles, that is not known to the general public. Further, the confidential information includes, but not limited to proprietary, non-public business information of Seller, including plans and specifications, inventions, devices, formulas, processes, programs, software, documentation, manuals, programming aids, source codes, object codes, compilations, technology, know-how, price lists, costs, trade practices, and trade secrets relating to us. You agree that:
    • all confidential information will be the part of Speedloop Auto’s exclusive property;
    • you will use Confidential Information only as is reasonably necessary for your use of the Platform. Further, the information obtained by you shall not be used with any malafide intention;
    • you will not disclose Confidential Information to any other person or Third Party, if any disclosing is inevitable, it shall be done only on the need to know basis, and before sharing such information the User has to mandatorily obtain a prior written consent of Speedloop Auto. If in breach you can face serious legal charges;
    • you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms and/or Privacy Policy. You may not issue any press release or make any public statement related to our Vehicles, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission or misrepresent or embellish the relationship between us in any way;
    • The confidentiality obligation on the User shall be survive the cancellation and/or termination of the Agreements for 5 years or for so long as the information continues to be confidential or proprietary to Seller.
  1. Non-Poaching: This website contains information about our members, employees, core-members, investors, etc., with the sole purpose of expanding our horizons, creating a sense of belonging, and demonstrating our network to third parties. In other words, these members, employees, core-members, investors, etc., are the affiliates of Speedloop Auto , and Speedloop Auto does not grant any rights to third parties, without any prior written consent to directly or indirectly solicit, poach, or entice away any affiliate which are in anyway connected with the Speedloop Auto , who has been working full-time, at the Company. This clause is not valid for affiliates who are associated with us on consultancy basis, also this clause shall not apply to unsolicited responses by employees to general recruitment advertising.
  2. Indemnity: You agree and undertake to fully indemnify and hold Speedloop , its affiliates, and its respective officers, directors, employees, successors, representatives, and agents harmless from and against all Losses howsoever arising from all claims, allegations, actions, proceedings, demands, or costs brought by a Third-party or other liability or expenses (including, without limitation, attorneys’ fees) (each, a “Claim”) that we may sustain or incur, directly or indirectly, arising from or as a result of your:
    • actual or alleged breach of the Terms and/or Privacy Policy;
    • use of the Platform;
    • access to, use, or Misuse or Abuse of the Content offered through our Platform;
    • misconduct in any manner, including negligence and fraud, in connection with your use of our Platform; or
    • any actual or alleged infringement of any Intellectual Property Rights by you, and any personal injury, death, or property damage related thereto.

We will notify you of any such Claim or proceeding and assist you, at your expense, in defending the same. We reserve the right to assume, at your expense, the exclusive control and defense of any matter that is or may be subject to indemnification under this section.

  1. Limitation of Liability:
    • To the maximum extent permitted by law, we will not be liable to you for any Losses, (including loss of information, data, revenues, profits or savings) resulting, directly or indirectly, out of, or in any way connected with you access to, use of or reliance on the Platform including any special, punitive, incidental, consequential or other Losses, expenses or damages arising out of or in connection with the use of the Platform whether in negligence, contract, tort, strict liability, or any other legal theory. You assume full responsibility for the use of the Platform.
    • We reserve the right without any prior notice to suspend your access from the Platform at out sole discretion for system maintenance as well as upgrades as well as testing and repairs or other related procedures. If this occurs will take every effort to inform you. Notwithstanding any other provisions of the Speedloop Auto policies, we will not be liable to compensate you for any loss or damage you may suffer or incur, and no fees or charges will be charged by you to the Platform for any purchase shall be deducted or refunded or rebated, as a result of such suspension.
    • You expressly agree that in the event of any statute, rule, regulation, or amendment coming into force that would result in Speedloop Auto incurring any form of liability whatsoever, these Terms and any agreement thereof will stand terminated 1 (one) day before the coming into effect of such statute, rule, regulation or amendment.
  1. Force Majeure: Any failure on the part of either Party to fulfill its obligations under these Terms will not be liable for the failure or delay if such failure or delay is due in whole or in part to Force Majeure conditions. Force Majeure for these Terms shall mean incidents which could not have been reasonably predicted and which have resulted from circumstances beyond the control of the affected Party, and which are limited to, acts of God, labor disputes or other industrial disturbances, electrical or power outage, utilities or other telecommunications failures, earthquakes, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, epidemic, pandemic, acts of terrorism, or war.
  1. Governing Law and Jurisdiction: These terms will be governed solely and exclusively by the laws of India, and any conflict of law shall be submitted to the exclusive jurisdiction of courts at Pune, India
  2. Dispute Resolution/Arbitration: If any disputes or claims arising under the Speedloop Auto Policies or out of or in connection with the execution, interpretation, performance, or non-performance of the Speedloop Auto Policies or in respect of the scope, validity or application of the Speedloop Auto Policies, or the subject matter hereof, the Parties agree that such issue, claim, dispute shall through co-operation, and amicably be solved by the Parties.

If such dispute, issue, or claims, or remaining dispute, issue, or claims cannot be resolved by the Parties through discussions, then it shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996. The Arbitral tribunal shall consist of three arbitrators, where each party will appoint one arbitrator at its own discretion, and those two arbitrators shall further appoint third arbitrator as a presiding arbitrator. The venue of the Arbitration proceeding shall be at Pune, Maharashtra, and the seat of the Arbitration proceeding shall be at the office of Speedloop Auto. Further, the language of such proceeding shall and only be in English.

The order passed by the arbitrators shall be final, binding and incontestable and may be used as a basis for judgment thereon anywhere. Judgment upon any arbitral award rendered hereunder may be entered in any court having jurisdiction, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.

Further, the Parties to the arbitration shall cooperate with each other to the arbitration in making full disclosure of and providing complete access to all information and documents requested by such other Party in connection with such arbitration proceedings, subject only to any confidentiality obligations binding on such Party or any legal privilege applicable to any such information and/or documents. Each Party shall bear its own costs of the arbitration.

  1. Waiver: The failure of a Party at any time to insist on performance of any provision of the Speedloop Auto Policies is not a waiver of that Party’s right at a later time to insist on performance of that or any other governing provision of the Speedloop Auto policies.
  1. Severability: If any term or provision of the Speedloop Auto Policies is held by a court of competent jurisdiction, any legislative body, to be invalid, void or unenforceable, the remainder of the terms and provisions of the Speedloop Auto Policies shall remain in full force and effect and shall in no way be affected, impaired or invalidated.
  2. Notices: We may provide any notice to you under any Speedloop Auto Policies by sending a message to the email address provided by you during the booking process. Notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address specified by you when we send the email, whether or not you actually receive the email. To give us notice under any Speedloop Auto Policies, you must contact us by email, personal delivery, overnight courier or registered mail to the mailing address listed below. Notices to Speedloop Auto must be sent by email to the email address specified in this Clause or to any other email address notified by email to the User by Speedloop Auto, or by electronic communication via the Platform from time to time for such purpose. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective 1 (one) business day after they are sent. Notices provided by registered mail will be effective 3 (three) business days after they are sent.

Address:
Speedloop Auto Private Limited;
BA- Gateway, 5th Floor,
Aundh, Near Sakal Nagar,
Aundh-Baner Road,
Pune, Maharashtra 411007.

Email id:

  1. Assignment: The User shall not have the right to assign or transfer the Speedloop Auto Policies, or any part thereof, without the prior written consent of Speedloop Auto. Any assignment without such consent shall be void and have no effect. Speedloop Auto shall have the right to assign or transfer the Speedloop Auto Policies without requiring the prior approval of the Users. Subject to the foregoing, the Speedloop Auto Policies will be binding upon, and inure to the benefit of, the Parties and their respective permitted successors and assigns.
  1. Right of Third Parties: No Third-Party shall have any right or benefit under Speedloop Auto Policies or entitlement to enforce any term of the Speedloop Auto Policies.
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