Terms And Condition

This Document is an electronic record in terms with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011, and any other law in force in India and the GDPR, regarding the access and use of the website Toroid .’ (Hereinafter “website”). The acceptance to the Terms & Conditions by the User shall be considered as a valid contract under the Indian Contract Act, 1872. All notices under this agreement will be considered as written and have been duly signed once the same is electronically confirmed.

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

The User of this Website shall be a person who has attained the age of 16 years. Any person below the age of 16 shall access the website only under the supervision of a guardian.

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

The information collected by Toroid shall be protected under the Data Privacy 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.

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 16 years and who is a sound mind.
  • Any person irrespective of Nationality shall be termed as a user of this website under this USER POLICY.
  • 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 Toroid for legitimate use only.

INTELLECTUAL PROPERTY

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

CYBER CRIME

Any action committed by the User or any Third Party for any illegal or unlawful purpose by utilizing the
services provided by Toroid.

SERVICES:

‘Toroid’, creates electric bicycles, electric scooters, electric bikes and their parts. These bikes, bicycles, scooters are carefully created and manufactured by Toroid for creating an environment friendly alternative for the usage of the bikes, scooters and other vehicles.

The bikes, scooters, bicycles, etc have been manufactured by Toroid for making it user friendly and more efficient in respect to nature. This is purely based on the rechargeable batteries and electricity.

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

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.

The Platform has the sole and exclusive right to suspend, block, impede, deny access and/or terminate the account of the User. 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.

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 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.

SHIPPING POLICY

The delivery address entered by the customer needs to be valid and proper. In the event of re-delivery or non-delivery, the customer shall bear extra costs incurred by Toroid. Furthermore, Toroid will not be liable for any damages or losses caused due to any third-party delivery services provider’s mismanagement during transit.

In a case where Toroid is unable to deliver such ordered products for any reason, Toroid will refund such amount to the customer via the same online mode of payment used by the customer or will credit the customer account in the form of a deposit for the amount received from the sale of such product that could not be delivered to the customer within 90 (ninety) business days.

When placing an order on the Website, the customer will be needed to provide a valid phone number and email address. By providing us with the customer’s phone number, the customer agrees to be contacted by Toroid via phone calls and SMS alerts in the event of any purchase, shipment, or delivery-related updates.
Unless the User objects explicitly, Toroid may use the customer’s personal information to start promotional phone calls or SMS messages

Our policy for the cancellation and refund will be as follows:

REFUND & CANCELLATION

Our focus is complete customer satisfaction. If you are displeased with the services provided, we will refund back the money (according to our refund policy), provided the reasons are genuine and well-proven after a thorough investigation by our concerned teams.

Our policy for the cancellation and refund will be as follows:

Cancellation Policy
Pre Order Cancellation –
The pre order can be canceled by the customer only in the case if the order is not processed. The customer will be further charged a cancellation fee of 2%.

Order cancellation –

Order can not be cancelled once the order is ‘shipped’ or ‘Out for delivery’.
The cancellation fee is as follows:-

Pre order cancellation before the order is processed,
A cancellation fee of 2% will be charged.
Pre order cancellation after the order is processed,
The pre – order amount of INR 2000 or below will not be refunded.
Please note that our cancellation and refund policies are subject to change without prior notice.

Return and Refund Policy –
Once the product/s is delivered, it can only be returned or canceled in the condition mentioned below.
Product/s is shipped on client/customer risk, we are not liable for any damage in transport.

Return of the product is only possible in the following case –

Toroid Technologies Pvt Ltd fails to provide service to the customer within the period of 180 days.

In order to be eligible for a return and refund, the customer has to make sure of the following things–

Fair usage of frame and ensure no damage to the bike. Damage caused from the improper use or incorrect assembly, such as pedal threads being damaged and such conditions will be charged at retail rates

Retain the packaging in case of a return. The bike must be packaged and returned safely in the same packaging used to deliver the bike to you.

The product has to be purchased from toroid.in In case of the return the product has to be first shipped back to address provided by Toroid Technologies PVT LTD. On receiving, the product will be first inspected for damages and any deterioration.

The following fees and/or charges will not be reimbursed:

● Delivery charges from Toroid TECHNOLOGIES Pvt Ltd
● Cost to fix any repairs/scratches
● Cost to return the product to Toroid TECHNOLOGIES Pvt Ltd (usually being the same as the delivery charge)
● Cleaning costs
● Excess kilometer charges

Toroid Technologies Pvt Ltd reserves the rights to make changes to these terms and conditions without notice. The return
and Refund Policy by Toroid TECHNOLOGIES PVT LTD excludes any products that have been physically test ridden at
an Toroid Technologies Pvt Ltd store or sold as demo bikes or bikes purchased via a payment or finance plan.
NOTES
● Electric Bicycles purchased using ZestMoney EMI, other No Cost EMI, or any other finance options cannot be
returned or refunded.
● The refund policy is only valid for and applicable to electric bicycles purchased directly from TOROID, and not
any other entity.
● The cost of repackaging and shipping back the electric cycle is to be borne by the customer.
● Transportation and processing charges must be borne by the customer in their entirety.

Refund Policy

In case of cancellation, the cancellation fee is to be borne by the clients/customers.
After deducting the cancellation fee, Refunds will be issued to the original source account provided at the time of purchase. After the refund has been initiated from our end, the refund amount is expected to reflect in the customer’s source account within 7 to 15 business days according to the norms and rules issued by the Reserve Bank of India (RBI).

CONFIDENTIALITY

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

However, the website reserves the right to share basic contents of the confidential information for the promotion of the Business of both the User and the Website.
The confidential information shall only be shared with the Law Enforcement Agencies as and when appropriate procedure is followed.

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

USER CONDUCT

That the User must, for the purposes of being granted access to the Website and services offered thereunder, uphold and abide the following:

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 the land.

Partake in activities which infringe on the Privacy 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 anyother individual on t he 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 a 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 India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense from happening or is insulting to any other nation.

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 Information Technology Act, 2000 and the rules thereunder, the Consumer Protection Act, 2020, GDPR and the rules thereunder.

INTELLECTUAL PROPERTY RIGHTS:

All information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks on the Website are protected by copyright laws, trademark laws and/or other laws and/or
international treaties and belong to us.

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 us.

The reference image uploaded on the website will be purchased before being uploaded. All the intellectual property rights in the design and concept of the website Toroid, the name, logo, trade secrets
will vest in the owner.

Nothing contained on the Website should be construed as granting by implication, 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 unauthorized 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 the website.

The concept and working of the website are protected under the Copyright Laws of India 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.

We reserve the right to amend these Terms and Conditions of Use from time to time without 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:

The Website agrees to protect all data provided by the User for the purpose of using the Website. 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.

The website shall abide by the provisions laid down in the Information Technology Act and GDPR to protect the data provided by the user for the purpose of using the website. In light of a scenario where the State Government and the Central Government, or The Courts of
appropriate Jurisdiction, or any other appropriate body, in the name of 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.

The website shall take complete precaution and make effort to protect the data provided by the User. 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.


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.

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.

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.

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.

JURISDICTION AND LEGAL ACTION:
Any dispute arising with respect to the usage, services or any other dispute arising from third party shall be referred to Arbitration.
The user agrees to not take any legal action in the courts of India considering a scenario, the User has faced any issue.
The User shall intimate the website and also initiate a discussion leading up to Arbitration if needed. 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.

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.
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.

The User must from time to time provide proof which is genuine in nature in any Dispute Resolution model. 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 the Indian Penal Code, Information technology Act, Intellectual Property Laws, Contract Act, etc.

In the event the Parties choose to resolve the dispute via litigation, they agree to limit themselves to the jurisdiction of the courts of State of Maharashtra.

TERMINATION

That the website shall have the sole and exclusive right to unilaterally terminate the account of the User immediately in the following events:
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.

Should continue in the engagement of such activities despite being given due warnings not to do so via mail. 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.
Refusal to make the requisite payments for paid features, if applicable. 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. Should the User decide to terminate their account themselves, they may do so only after having: Completed any and all pending payments.

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

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. 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:
In the event there is any complaint / clarification / doubt/ issue that the User so seeks to be clarified, they must contact the Grievance Officer as stipulated under Information Technology (Reasonable security
practices and procedures and sensitive personal data or information) Rules, 2011 and the GDPR.

Following are the details of the Grievance
Full Name: Darsh Bheda
Email ID: sales@toroid.in
Office No. : +91-7977311790

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.