These “Terms of Use,” govern the relationship between Greenway Mobility Private Limited (Hereinafter referred to as “Company”, “We”, “Us”, and connotations thereof)) and the user (“Hereinafter referred to as “You”, “Your”, “Yourself”, and connotations thereof”) of this website (“Website”) concerning Your use of the website defined herein and the services offered through the Website (“Services”).

By accessing, browsing, or using the Website and Services, You acknowledge that You have read, understood, and agree to be bound by these Terms of Use. Your continued use of the Website and Services constitutes Your acceptance of these Terms and Your consent to abide by any legal obligations incurred hereunder.

Your use of the website implies that you agree with the terms of use.

GENERAL

1. The website www.evimobility.com (“Website”) is an internet-based portal owned and operated by Greenway Mobility, a company duly incorporated under the laws of India. Access to and use of the Website are provided to you subject to your acceptance of these Terms of Use (“Terms”) and all other terms, conditions, and notices contained herein. Additionally, Greenway Mobility reserves the right, at its sole discretion, to amend these Terms at any time and without prior notice to you, including the imposition of additional charges for access to or use of the Website or its services. Your continued use of the Website following any such amendments will constitute your consent to and acceptance of the revised Terms.
2. Greenway Mobility is under no obligation to provide notifications to You, regarding any changes to these Terms of Use. The updated Terms of Use will be accessible on the Website at all times. Your access to and use of the Website and Services are governed by the latest version of the Terms of Use that is available on the Website at the time of such use. It is incumbent upon You to routinely check the Website’s home page at www.evimobility.com to review the most current Terms of Use and ensure compliance.
3. By (i) utilizing this Website or any facilities or services offered through this Website in any manner; or (ii) simply navigating through the Website, you affirm that you have read, comprehended, and consented to be legally bound by these Terms of Use, as well as the Privacy Policy of the Website, which is accessible at the homepage, www.evimobility.com .

SERVICES

1. The Website serves as a digital platform for information about electric vehicles and related services provided by Greenway Mobility under the brand E-Vi Mobility (‘Services’). Any transactions for the purchase of products or services conducted through the Website are subject to the “Terms of Offer for Sale,” which govern such transactions.

ELIGIBILITY

1. Access to and use of this Website are available exclusively to individuals who are capable of forming legally binding contracts under the Indian Contract Act, 1872. Those deemed “incompetent to contract” under the Act, including minors (persons under 18 years of age), undischarged insolvents, and others similarly categorized, are not eligible to use this Website. Minors may not register as users of the Website or engage in transactions through it. Transactions on behalf of minors must be conducted by their legal guardians or parents. Greenway Mobility Private Limited reserves the right to terminate access to the Website for any user if it becomes aware or determines that the user is under the age of 18 years. By accessing the Website or agreeing to these Terms of Use, you affirm that you are at least 18 years old, possess the legal right, authority, and capacity to enter into these Terms of Use, and will comply with them. You further warrant that you will utilize the Website in a manner that adheres to all applicable laws and regulations.
2. The Company reserves the right to deny access to the Services provided on the Website to new users or to terminate the access of existing users at any time and without the need to provide any reasons for such actions.

USER ACCOUNT, PASSWORD, AND SECURITY

1. Greenway Mobility grants you access to the Services through the Website contingent upon your provision of certain required user information and the establishment of an account (“Account”) using an ID and password (“Account Information”). The use of the Services is also subject to the Website’s usage procedures, Terms of Offer for Sale, any guidelines, rules, additional terms of service, or other disclaimers and notices that may be posted (“Additional Terms”). In the event of a conflict between these Terms of Use and any Additional Terms, the Additional Terms will take precedence with respect to that specific service.
2. To access the Services provided by the Website, you are required to register and create an account. You are solely responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your Account. You agree to: (a) promptly notify Greenway Mobility of any unauthorized use of your Account Information or any other security breach, and (b) ensure that you log out from your Account at the end of each session. Greenway Mobility is not liable for any loss or damage resulting from your failure to comply with these obligations. Furthermore, you may be held accountable for losses incurred by Greenway Mobility or any other user or visitor to the Website due to both authorized and unauthorized use of your Account as a result of your failure to keep your Account Information secure and confidential.
3. The Website permits limited access to certain Services for users who are not registered (“Unregistered Users”). This restricted access is subject to the Terms of Use and may be modified or restricted further by Greenway Mobility at any time without prior notice.
4. You are obligated to ensure that all Account Information provided by you during the Website’s registration process is complete, accurate, and kept current. It is expressly prohibited to use another user’s Account Information to access or use the Services.
5. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if there are reasonable grounds for Greenway Mobility to suspect that the information you have provided falls into any of these categories, Greenway Mobility reserves the right to suspend or terminate your Account. Additionally, Greenway Mobility may refuse your current or future use of the Website (or any portion thereof). Further, Greenway Mobility reserves the right to take legal action against you in the event of any unlawful or malicious activities related to such misinformation.

PRICING INFORMATION

1. Greenway Mobility is committed to offering you the most competitive prices on products and services purchased or accessed through the Website. Detailed pricing information for purchasing products and services can be found in the terms of Offer for Sale.
2. The prices of our Products are subject to change without prior notice. The price charged will be the one prevailing at the time of invoicing, irrespective of any price quoted or referenced at the time of initial pre-booking.

USER OBLIGATIONS & CONDUCT

1. Subject to your compliance with these Terms of Use, Greenway Mobility grants you a non-exclusive, limited privilege to access and use this Website and the Services offered on it.
2. You agree to use the Services, the Website, and any materials provided therein solely for purposes that are authorized by: (a) these Terms of Use; and (b) any applicable laws, regulations, or generally accepted practices or guidelines in the relevant jurisdictions.
3. You agree to comply with all restrictions on dissemination, use, and reproduction of any materials (e.g., product catalogues) that you access on the Website, as specified in Section 7 of these Terms of Use.
4. You agree not to access (or attempt to access) the Website and the materials or Services except through the interface provided by Greenway Mobility. You are prohibited from using any deep-link, robot, spider, or other automatic devices, programs, algorithms, or methodologies, or any similar or equivalent manual processes, to access, acquire, copy, or monitor any part of the Website or its Content. Additionally, you shall not attempt to reproduce or bypass the navigational structure or presentation of the Website or its materials to obtain any materials, documents, or information not purposely made available through the Website.
5. You acknowledge and agree that by accessing or using the Website or Services, you may encounter content from other users that you might find offensive, indecent, or objectionable. Greenway Mobility expressly disclaims any liability for the consequences of such content. Greenway Mobility is not responsible for and does not endorse such content, and you assume all risks associated with your exposure to this content while using the Website or Services.
6. If the Website permits you to post and upload material, you hereby agree to ensure that such material is not offensive and complies with all applicable laws. You are responsible for ensuring that your contributions do not violate applicable legal standards or community guidelines.
7. You agree that Greenway Mobility reserves the right to modify or discontinue, temporarily or permanently, all or any part of the Website at any time. Greenway Mobility may also change, impose, or waive any fees required for using the Website, or offer opportunities to some or all users of the Website without prior notice or liability.
8. You are obligated to use this Website only for reasonable and lawful purposes, and you shall not engage in any activity that is not explicitly permitted by the Website. Unlawful or unreasonable use of the Website is strictly prohibited.

USE OF MATERIALS

1. Except as explicitly stated otherwise in any applicable Additional Terms, Greenway Mobility grants you a non-exclusive, revocable (subject to notice from Greenway Mobility), and non-transferable right to access, view, download, and print product catalogues or any other materials available on the Website solely for personal, non-commercial use.
2. The rights granted to you for accessing, viewing, downloading, and printing product catalogues or any other materials provided by the Website do not extend to the design, layout, or look and feel of the Website. These elements are protected by intellectual property rights and may not be copied, imitated, or used, in whole or in part, without prior written permission from Greenway mobility. Additionally, the product catalogues and other materials available on the Website may not be copied, redistributed, or retransmitted unless explicitly permitted by Greenway Mobility.
3. Any purchase of electric vehicles or Services from the Website is strictly for the personal use of the User. The User hereby agrees not to sell, resell, barter, or use any purchased products or Services for commercial purposes or profit. The User acknowledges that the Services or products purchased are not transferable to any third party for profit. In the event of a breach of these conditions, the User will be subject to legal proceedings under applicable laws, at the User’s own risk and consequences. The User accepts full liability for any such breach.

INTELLECTUAL PROPERTY RIGHTS

1. The Website, along with all processes used and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds, music (if any), artwork, and computer code (collectively, “Content”), is the property of Greenway Mobility. The design, structure, selection, coordination, expression, “look and feel”, and arrangement of such Content is protected under copyright, patent, and trademark laws, as well as various other intellectual property rights.
2. The trademarks, logos, and service marks displayed on the Website (“Marks”) are the property of Greenway Mobility, its vendors, or other respective third parties. You are not authorized to use these Marks without the prior written consent of Greenway Mobility, the relevant vendor, or the third-party owner of the Marks.
3. Except as expressly stated in these Terms, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any Content available on the Website through any medium without first obtaining the necessary authorization from Greenway Mobility or the third-party owners of such Content.”
4. In the event of any breach of the aforementioned conditions, you will be subject to legal proceedings in accordance with applicable laws, at your own risk and consequences. By using this Website, you accept and assume all liability associated with such breach.

THIRD PARTY CONTENT

1. The Website serves as a digital platform for information about electric vehicles and related services provided by Greenway Mobility under the brand E-Vi Mobility (‘Services’). Any transactions for the purchase of products or services conducted through the Website are subject to the “Terms of Offer for Sale,” which govern such transactions.

THIRD PARTY CONTENT

1. The Website presents general third-party information, including product catalogues, lists of authorized dealers, news reports, entertainment, technology features, and advertisements, which may include videos, images, and photographs of products, along with other data sourced from external sources (“Third-Party Content”). Similar Third-Party Content may also be made available to you through emails from Greenway Mobility. The provision of Third-Party Content is solely for general informational purposes. You acknowledge that the Third-Party Content is obtained from sources believed to be reliable. However, Greenway Mobility does not guarantee the accuracy, completeness, or usefulness of any Third-Party Content and shall not be liable for any loss or damage suffered by you as a result of your reliance on or use of such Third-Party Content.

DISCLAIMER OF WARRANTIES & LIABILITY

You expressly understand and agree that to the maximum extent permitted by applicable law:

1. The Website, Services, and materials are provided by Greenway Mobility on an “AS IS” basis without any warranties of any kind, whether express, implied, statutory, or otherwise. This includes, but is not limited to, the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Greenway Mobility does not warrant that: (i) the Website or the Services will meet your requirements, or that their operation will be uninterrupted, timely, secure, or error-free; (ii) the results obtained from the use of the Website, Services, or any materials will be effective, accurate, or reliable; (iii) the quality of the Website, Services, or any materials will meet your expectations; or (iv) any errors or defects in the Website, Services, or materials will be corrected. No advice or information, whether oral or written, obtained by you from Greenway Mobility or through the Services shall create any warranty not explicitly stated in the Terms of Use.
2. To the maximum extent permitted by applicable law, Greenway Mobility disclaims all liability related to User Content that arises under intellectual property rights, libel, privacy, publicity, obscenity, or other applicable laws. Furthermore, Greenway Mobility expressly disclaims any liability regarding the misuse, loss, modification, or unavailability of any User Content.
3. Greenway Mobility shall not be liable for any losses incurred due to unauthorized use of your account or account information in connection with the Website or any services or materials, whether or not you had knowledge of such use. While Greenway Mobility endeavors to provide accurate information on the Website, it does not warrant or represent the quality, accuracy, or completeness of any data, information, product, or service provided. Furthermore, Greenway Mobility is not liable for any delays or inability to use the Website or its functionalities, nor for the provision or failure to provide certain functionalities, nor for any information, software, products, functionalities, and associated graphics obtained through the Website. This exclusion applies regardless of whether such issues arise from contractual obligations, tort, negligence, strict liability, or any other form of liability. Additionally, Greenway Mobility shall not be responsible for the Website’s non-availability during planned maintenance or any unplanned suspension of access that may occur due to technical reasons or factors beyond Greenway Mobility’s control. Users acknowledge and agree that any material or data downloaded or otherwise obtained through the Website is at their own risk, and they are solely responsible for any damage to their computer system or loss of data that results from such downloads. Greenway Mobility accepts no liability for any errors or omissions in any information provided to you, whether on behalf of itself or third parties.

INDEMNIFICATION AND LIMITATION OF LIABILITY

1. You agree to indemnify, defend, and hold harmless Greenway Mobility, its affiliates, vendors, agents, and employees from any and all losses, liabilities, claims, damages, demands, costs, and expenses, including legal fees and disbursements and interest chargeable thereon, that arise from, are a result of, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by you under these Terms of Use. Additionally, you agree to hold Greenway Mobility harmless against any claims made by a third party resulting from your use of the Website, any damage your materials may cause to a third party, your violation of these Terms of Use, or your infringement of any intellectual property rights or other rights of any person or entity.
2. Notwithstanding any provision to the contrary within these Terms of Use or under any other circumstance, the entire liability of Greenway Mobility to you shall be limited to the refund of the money you have paid for any specific voucher, product, or service from which the liability arose. This limitation applies regardless of the nature of the liability.
3. In no event shall Greenway Mobility, its officers, directors, employees, partners, or suppliers be liable to you, any vendor, or any third party for any special, incidental, indirect, consequential, or punitive damages, including but not limited to damages for loss of use, data, or profits, whether or not such damages were foreseeable, and whether or not Greenway Mobility was advised of the possibility of such damages. These limitations apply regardless of the underlying cause of action, whether in contract, warranty, negligence, or other tort, or any other legal or equitable theory, and extend to all matters arising from or relating to your use of, or access to, the Website, Services, or materials.
4. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

VIOLATION OF THE TERMS OF USE

1. You agree that Greenway Mobility may, at its sole discretion and without prior notice, terminate your access to the Website and block your future access if it is determined that you have violated these Terms of Use or any Additional Terms. You acknowledge that any breach of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Greenway Mobility, for which monetary damages would be inadequate. Consequently, you consent to Greenway Mobility obtaining any injunctive or equitable relief that is deemed necessary or appropriate in these circumstances. These remedies are in addition to any other remedies Greenway Mobility may have at law or in equit
2. You agree that Greenway Mobility may, at its sole discretion and without prior notice, terminate your access to the Website for cause. This includes, but is not limited to, the following circumstances: (1) requests by law enforcement or other government agencies; (2) your own request for account deletion; (3) discontinuance or material modification of the Website or any service offered through it; (4) unexpected technical issues or problems; or (5) any breach of the Terms of Use, Privacy Policy, or other applicable terms, conditions, or policies. You acknowledge and consent to this potential termination under the aforementioned conditions.
3. Should Greenway Mobility initiate legal proceedings against you due to your violation of these Terms of Use, Greenway Mobility shall be entitled to recover from you all reasonable attorneys’ fees and costs incurred in such proceedings, in addition to any other relief to which Greenway Mobility may be entitled.

TERMINATION

1. The Terms of Use will remain in effect until terminated by either you or Greenway Mobility as outlined below. If you wish to terminate your agreement with Greenway Mobility, you may do so by: (i) ceasing to access the Website; or (ii) closing your accounts for all Services that you use, provided that Greenway Mobility has made this option available to you.
2. Greenway Mobility may terminate the Terms of Use (or any part thereof, including any individual Additional Terms) with you at any time, with or without notice, if: (1) you breach any provision of the Terms of Use, the Privacy Policy, or any other terms, conditions, or policies that may be applicable to you from time to time (or if your actions indicate that you do not intend to, or are unable to, comply with the same); (2) such termination is required by law (e.g., where the provision of the Services to you becomes unlawful); (3) Greenway Mobility determines that providing the Services to you is no longer commercially viable; (4) Greenway Mobility decides to discontinue the Website or the Services (or any part thereof), with or without reason.
3. Greenway Mobility reserves the right to terminate or suspend your account or access to the Services, in whole or in part, with or without reason. Unless otherwise specified in any Additional Terms applicable to a particular Service, termination of your account may include: (i) loss of access to all offerings within the Website or Services; (ii) deletion of your materials and Account Information, including your personal information, login ID, password, and all associated information, files, and materials stored in or related to your account; and (iii) prohibition from further use of the Services.
4. You agree that Greenway Mobility has the sole discretion to terminate your account and that such termination may include the deletion of your Account Information. Furthermore, you acknowledge that Greenway Mobility is not liable to you or any third party for any termination of your account or for restricting your access to the Website and Services.
5. Notwithstanding the foregoing, these Terms of Use will survive indefinitely unless and until Greenway Mobility chooses to terminate them.

GOVERNING LAW

1. These Terms of Use and all transactions made through the Website, as well as the relationship between you and Greenway Mobility, shall be governed by the laws of India, without regard to its conflict of law principles.
2. You hereby agree that any claims, disputes, or disagreements that arise under or are related to the Website, these Terms of Use, any transactions conducted through the Website, or the relationship between you and Greenway Mobility shall be subject to the exclusive jurisdiction of the courts located in Rajkot, India. By accepting these Terms of Use, you consent to the jurisdiction of these courts.

REPORT ABUSE

1. In the event that you encounter any abuse, violation of these Terms of Use, or objectionable content on the Website, please report it immediately to Greenway Mobility customer support.

PRIVACY POLICY

1. The User hereby confirms that they have read and fully understand the Privacy Policy of Greenway Mobility with respect to the Website. You further agree that the terms and provisions contained within the Privacy Policy are acceptable to you.

COMMUNICATIONS

1. You hereby expressly agree to receive communications via SMS and email from Greenway Mobility or its authorized third parties concerning the Services provided through the Website.

GENERAL PROVISIONS

1. Notice: All official communications from Greenway Mobility will be delivered either through email or via general notification on the Website. Any notices you provide to Greenway Mobility under these Terms of Use should be directed to Greenway Mobility Customer Support.
2. Assignment: You may not assign or transfer the Terms of Use, or any rights herein, to any third party. Conversely, Greenway Mobility retains the right to freely transfer its rights under these Terms of Use to any third party without the need to obtain your consent.
3. Severability: Should any provision of these Terms of Use, or any portion thereof, be found unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible in order to reflect the intent of the parties, as demonstrated by that provision. The remainder of the Terms of Use shall continue in full force and effect.

FEEDBACK AND INFORMATION

1. Any feedback you provide to this Website will be considered non-confidential. Greenway Mobility is free to use such information without any restrictions. By submitting feedback, you represent and warrant that: (i) your feedback does not contain confidential or proprietary information belonging to you or third parties; (ii) Greenway Mobility has no obligation, either expressed or implied, to treat your feedback as confidential; (iii) Greenway Mobility may already be reviewing or developing something similar to your feedback; and (iv) you are not entitled to any compensation or reimbursement from Greenway Mobility for your feedback under any circumstances.