Terms and Conditions

1. Definitions

Entire Agreement: These Terms of Use together with below listed documents/policies (without limitation) available either at Website or entered separately by BrainyEV with You, as applicable, and all other notices, rules, guidelines with respect to Your use of Website, constitutes the entire agreement (“Agreement”) between BrainyEV and You.

• Privacy Policy
  
• Additional Terms and Conditions
  
• Terms of Sale
  

These additional documents/policies, wherever applicable, including terms imposed by mobile application stores like Apple’s iTunes, Android’s etc. are deemed to be incorporated under these Terms of Use by way of reference.

You acknowledge and agree that Your usage (defined below) of the Website is strictly regulated and governed by the terms and conditions of this Agreement.

User: For the purposes of this Agreement, the term “User”, “you” or “your” shall, unless the context otherwise requires, include every person who accesses, browses, registers on, or otherwise interacts with the Platform in any capacity whatsoever, whether as a visitor, registered account holder, reviewer, OEM, dealer, Partner, vendor, or other third party. Every such person shall be bound by these Terms in relation to their use of the Platform.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR LISTING ANY ITEM, ACCESSING ANY MATERIAL, INFORMATION OR SERVICES, POSTING ANY ADVERTISMENT/INFORMATION AT OR THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

By accessing or using the Website, You agree to these Terms and Conditions and expressly accept the following conditions governing the use of third-party service providers. BrainyEV uses third-party service providers to assist BrainyEV in improving our Services and Website and to monitor our Users interests and activities. You hereby authorise BrainyEV and/or third party service providers engaged by BrainyEV to collect, use, store, analyse, reproduce, use of AI or other technology, publish, and/or adapt the information or otherwise use (either on its own or through third party service provider) the information in relation to Your use of the Website for the purpose of data analysis, verification, Customer/Lead services or for improving Your experience or Services on the Website. You acknowledge that this is solely undertaken by BrainyEV to improve Your experience in relation to the use of the Website and the provision of such Services shall be subject to such additional terms and conditions of BrainyEV and/or third party service providers.

BrainyEV shall not be responsible for any service availed by You from such third parties or any payment made by You to such third parties in connection with the services. Any concern or claims in relation to such services should be directed by You to such third parties. If you click on the links to third-party websites, you leave the Website. We are not responsible for the content of these third-party websites or for the security of Your personal information when You use the third-party websites.

2. Eligibility

Use of the Platform is open to individuals who are competent to contract under the Indian Contract Act, 1872, including a requirement of being at least 18 years of age. Persons who are not competent to contract, including minors, undischarged insolvent and persons of unsound mind, are not permitted to use the Platform.
Our Website and avail Our Services. BY ACCESSING OUR WEBSITE OR AVAILING ANY OF OUR SERVICES, YOU REPRESENT TO THE BRAINYEV THAT YOU ARE MAJOR AND LEGALLY COMPETENT TO FORM A VALID CONTRACT UNDER THE TERMS OF USE.

Further to this, BrainyEV reserves its right, without assigning any reason, to restrict or limit Your access to the Website and can further terminate Your access to Website and deny the Services or any other product available through or at Our Website. This right of suspension / termination of Services of BrainyEV, is in addition to any other remedy available to BrainyEV, for access & usage of Website or availing any of Our Services through Website, which is in contravention of any of the terms and conditions of Terms of Use or this Agreement or any other applicable law.

 3. Nature of the Platform

BrainyEV is an independent digital platform that enables Users in but not limited to, research, compare and evaluate electric vehicles based on specifications, pricing, reviews and other information sourced from OEMs, dealers, publicly available sources and User submissions.

BrainyEV is not a manufacturer, dealer, seller, financier, insurer or broker of any vehicle. BrainyEV does not own, stock, sell or take title to any vehicle displayed or referenced on the Platform, and does not itself enter into any transaction for the sale or purchase of a vehicle with any User.

Where a User chooses to contact, request a quote from, or book a test drive with an OEM or dealer Partner through the Platform, the resulting interaction and any transaction that follows is strictly between the User and that Partner. BrainyEV’s role is limited to facilitating the initial connection, and BrainyEV is not a party to, and assumes no liability arising from, any such transaction.

BrainyEV holds no equity, commission, ownership, or other financial stake in any vehicle sale, financing, insurance or after-sales transaction concluded between a User and an OEM or dealer Partner. Any referral, listing, subscription or advertising fee received by BrainyEV from an OEM or dealer Partner is compensation for platform visibility alone, and does not create a partnership, joint venture, agency or employment relationship between BrainyEV and such OEM or dealer Partner, nor between BrainyEV and any User.

4. Description of Services

The Services made available on the Platform currently include the following, and may be expanded, modified or discontinued by BrainyEV at its discretion.

• BrainyEV will provide services to research vehicles, prices, technical specifications, other vehicle attributes, and warranty and road side assistance.
  
• Aggregation of user reviews, ratings and community discussion relating to electric vehicles.
  
• Cost of ownership, charging cost and subsidy or incentive calculators.
  
• Website may provide the information on new vehicles or upcoming vehicles including without limitation price, specifications, dealer locations etc.
  
• Referral of interested Users to OEM or dealer Partners for quotes, test drives or purchase enquiries.
  
• BrainyEV may also provide the user the ability to send SMS to the user’s top callers or send an email to the user’s friends letting them know about the service.
  
• Website may provide certain Features, Content (“Features” and “Content” are defined below) that enable sending/receiving invites/solicitation messages/reminders to your contacts whose details, as required under the specific Features, are submitted and specifically permitted by you to be so used.
  
• Editorial content including news, guides and buying advice relating to electric vehicles.
  

BrainyEV does not guarantee that any specific Service will remain available at all times, and reserves the right to add, withdraw or modify any Service without prior notice, provided that material changes affecting Users will be communicated in accordance with Clause 25 (Amendment of Terms).

5. Account Registration and User Obligations

Certain features of the Platform, such as saving comparisons, submitting reviews or requesting a callback from a Partner, may require you to register an account or provide contact details such as your name, mobile number and email address.

You agree to provide accurate, current and complete information at the time of registration or enquiry, and to keep such information updated. You are responsible for maintaining the confidentiality of any login credentials associated with your account and for all activity that occurs under your account.

BrainyEV reserves the right to suspend or terminate an account, or to decline to act on an enquiry, where it reasonably believes the information provided is false, incomplete or submitted for a fraudulent purpose, in accordance with Clause 22 (Suspension and Termination).

6. Content and Data Sourcing

Vehicle specifications, pricing, images, brochures and similar information displayed on the Platform are sourced from OEMs, dealer Partners, government sources and other publicly available sources, and are updated periodically on a reasonable effort basis.

BrainyEV does not independently verify every data point supplied by an OEM or Partner, and such information may change without notice due to factors outside BrainyEV’s control, including OEM price revisions, availability changes, and updates to government subsidies or incentive schemes. Users are advised to confirm final pricing, specifications and availability directly with the relevant OEM or dealer before making a purchase decision.

7. Third Party Links and Services

The Platform may contain links to, or integrations with, websites, applications, tools or services operated by OEMs, dealers, payment processors or other third parties that are not owned or controlled by BrainyEV.

BrainyEV does not review, control or endorse the content, privacy practices or terms of use of any such third party website or application, even where it is linked to or accessible from the Platform, and shall not be responsible or liable for any loss or damage arising from a User’s use of, or reliance on, any third party website, application or service.

8. User Content and License

You represent that any User Content submitted by you is your own original work, is factually accurate to the best of your knowledge, and does not infringe any third party’s rights or violate Applicable Law.

By submitting User Content, you grant BrainyEV a worldwide, royalty free, non-exclusive license to host, display, reproduce, adapt and distribute such content on the Platform and in connection with promoting the Platform, for as long as the content remains available on the Platform.

BrainyEV does not prescreen User Content, but reserves the right to moderate, edit or remove any User Content at its discretion, and will act on valid takedown requests in accordance with the timelines prescribed under the IT Rules.

9. Communication Consent

By registering on, or submitting an enquiry through, the Platform, you consent to being contacted by BrainyEV, and where applicable by a relevant OEM or dealer Partner, through but not limited to email, SMS, WhatsApp, telephone calls or push notifications etc, for purposes including responding to your enquiry, sharing quotes or offers, service updates, and promotional communication regarding the Platform or Partner offerings.

This consent is provided notwithstanding registration of your telephone number under the National Do Not Call registry or any other similar preference registry maintained under the Telecom Commercial Communications Customer Preference Regulations, to the extent permitted under Applicable Law. You may withdraw consent to promotional communication at any time by writing to the contact address in Clause 29 (Contact Us) or through any unsubscribe or opt out mechanism made available on the Platform. Withdrawal of consent will not affect communication necessary to respond to an enquiry you have already raised.

10. Data Sharing with OEM and Dealer Partners

Where you submit an enquiry, request a quote, or ask to be connected with an OEM or dealer for a test drive or purchase discussion, BrainyEV will share the relevant details you provide, such as your name, contact number, location and vehicle preference, with the relevant OEM or dealer Partner so that they may respond to your request.

BrainyEV may also share aggregated or anonymised usage data with Partners for purposes such as improving comparison accuracy, understanding demand trends, and refining pricing or feature information displayed on the Platform. Such sharing does not involve disclosure of your identity unless you have specifically requested to be connected with a Partner.

Once your information has been shared with a Partner pursuant to your request, that Partner’s own use of your information is governed by its own privacy practices, and BrainyEV encourages you to review these before proceeding with any transaction.

11. Data Protection

BrainyEV processes personal data in accordance with the Digital Personal Data Protection Act, 2023, the Information Technology Act, 2000, and the rules framed under each, and maintains reasonable security practices and procedures as prescribed under Applicable Law to protect personal data against unauthorised access, use, alteration or disclosure.

These obligations apply to personal data processed by BrainyEV in connection with the Platform, to the extent the Digital Personal Data Protection Act, 2023 applies to such processing, whether the underlying data was collected before or after the relevant provisions of that Act were brought into force. The term “User” as used in this Clause and elsewhere in this Agreement bears the meaning assigned to it in Clause 1 (Definitions), and accordingly includes every data principal whose personal data is processed by BrainyEV in connection with the Platform.

Further detail regarding the categories of personal data collected, the purposes of processing, retention periods, and the rights available to you as a data principal is set out in BrainyEV’s Privacy Policy, which forms part of these Terms by reference.

12. Cross Border Data Transfer

Where such transfer occurs, BrainyEV will take reasonable steps to ensure that the recipient maintains a level of data protection consistent with the standards required under Applicable Law, and any such transfer will be carried out subject to the restrictions, if any, notified by the Central Government under the Digital Personal Data Protection Act, 2023.

13. Cookies

The Platform uses cookies, pixel tags, local storage and similar technologies to recognise your browser or device, remember your preferences, understand how the Platform is used, and serve relevant content and advertisements.

• Essential cookies, required for the Platform to function correctly, such as maintaining your session or comparison list.
  
• Analytics cookies, used to understand traffic patterns and improve the Platform.
  
• Functional cookies, used to remember preferences such as language or previously compared vehicles.
  
• Advertising cookies, used by BrainyEV or its advertising partners to serve relevant offers.
  

Most browsers allow you to refuse or delete cookies through their settings. Please note that disabling cookies may affect the availability or performance of certain features of the Platform, including saved comparisons and personalised recommendations.

14. Audit Rights

BrainyEV reserves the right to monitor and audit usage of the Platform, including access logs and submitted content, for the purpose of maintaining platform integrity, detecting fraud or misuse, investigating a suspected security breach, and ensuring compliance with these Terms and Applicable Law.

15. Payment Gateway

Where the Platform enables any payment, including in connection with a paid feature, booking fee or promotional scheme, such payment will be processed through a third party payment gateway. BrainyEV does not store your card, net banking or UPI credentials, and any dispute relating to the processing of a payment, including a failed or delayed transaction, shall be addressed directly with the relevant payment gateway or card network in accordance with its own terms.

BrainyEV shall not be liable for any loss arising from an act or omission of a payment gateway, bank or card network, except to the extent such loss arises from BrainyEV’s own gross negligence or wilful default.

16. OEM and Dealer Terms and Conditions

Any offer, discount, warranty, extended warranty, financing scheme, insurance product or after sales service referenced on the Platform in connection with a specific OEM or dealer is offered by that OEM or dealer directly, and is governed solely by that OEM or dealer’s own terms and conditions, warranty policy and applicable brochure, and not by these Terms.

BrainyEV makes no representation or warranty regarding the performance of any OEM or dealer Partner, and any dispute concerning the sale, delivery, quality, warranty or servicing of a vehicle shall be resolved directly between the User and the relevant OEM or dealer, without recourse to BrainyEV.

17. Intellectual Property

The Platform’s design, layout, proprietary comparison methodology, compiled databases and all original editorial content are the intellectual property of BrainyEV and are protected under applicable copyright and trademark law. Vehicle images, brochures and OEM supplied content remain the property of the respective OEM.

No part of the Platform’s original content may be reproduced, republished or used for a commercial purpose without BrainyEV’s prior written consent, except as permitted under fair use for personal, non commercial reference.

18. Grievance Redressal

In accordance with the Information Technology Act, 2000 and the IT Rules, the name and contact details of the Grievance Officer are provided below. Users may report violations of these Terms, complaints regarding content, or other grievances relating to the Platform to the Grievance Officer, who will acknowledge the complaint within 2-3 business days and endeavour to resolve it as expeditiously as possible, in accordance with the timeline prescribed under Applicable Law.

• Grievance Officer: [Insert full name]
  
• Designation: [Insert designation]
  
• Email: [Insert email address]
  
• Address: [Insert registered office address]
  

19.Limitation of Liability

To the maximum extent permitted under Applicable Law, BrainyEV, its directors, employees and affiliates shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profit, revenue or data, arising out of or in connection with use of, or inability to use, the Platform, or reliance on any content or on any OEM or dealer Partner. Nothing in these Terms shall exclude or limit liability that cannot be excluded under Indian law, including liability arising from fraud, gross negligence or wilful misconduct.

20. Report Abuse and Feedback

Users must not post or upload content that abuses the Platform or violates these Terms. BrainyEV prohibits language that is racist, hateful, sexual or obscene in a public area of the Platform. If you come across any such content, or believe any material infringes your intellectual property or that of another person, please inform BrainyEV, which is committed to investigating the report and, where appropriate, removing or modifying the relevant content.

Email Abuse and Threat Policy. Private communication, including email correspondence between Users, is not regulated by BrainyEV. BrainyEV advises Users not to send abusive or threatening email. Any reported instance will be investigated, and BrainyEV will take appropriate measures, including legal steps where required, to stop such conduct.

Your Feedback. Any feedback or comment you share on the Platform, including User Content, is treated as non-confidential. BrainyEV may use such feedback freely. You confirm that your feedback does not contain confidential or proprietary information belonging to you or a third party, that BrainyEV owes no obligation of confidentiality in respect of it, that BrainyEV may already be considering or developing something similar, and that you are not entitled to any compensation for the feedback.

21. Indemnification

You agree to indemnify and hold harmless BrainyEV, its directors, employees and affiliates from any claim, demand, loss or liability, including reasonable legal fees, arising out of your breach of these Terms, your violation of Applicable Law, or your infringement of a third party’s right in connection with your use of the Platform.

Without limiting the foregoing, this indemnity extends to any claim, demand, notice or legal proceeding brought by an OEM, dealer, Partner or any other third party against BrainyEV arising out of or based on a review, rating, comment or other User Content posted by You on the Platform. BrainyEV merely hosts such User Content and bears no liability for its accuracy or effect, and reserves the right, at your expense, to assume the exclusive defence of any matter otherwise subject to indemnification by You.

22. Suspension and Termination

BrainyEV may suspend or terminate a User’s access to the Platform, without prior notice, where it reasonably believes the User has breached these Terms, provided false information, or engaged in conduct harmful to BrainyEV, its Partners, or other Users. Provisions relating to intellectual property, limitation of liability, indemnification and governing law shall survive any such termination.

23. Force Majeure

BrainyEV shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including an act of God, natural disaster, pandemic, government action, internet or telecommunications failure, or labour dispute.

24. Privacy

Collection and use of personal information submitted through the Platform is governed by BrainyEV’s Privacy Policy, which forms part of these Terms by reference. Please review the Privacy Policy before using the Platform.

25. Amendment of Terms

BrainyEV may revise these Terms at any time by posting the updated version on the Platform, with the Last Updated date revised accordingly. Material changes will be notified through reasonable means, such as a Platform banner or a message to your registered email address. Continued use of the Platform after such changes take effect constitutes acceptance of the revised Terms.

26. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Subject to Clause 27 (Arbitration) below, the courts at New Delhi shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms that is not otherwise required to be referred to arbitration.

27. Arbitration

Any dispute or claim that has arisen, or may arise, between you and BrainyEV relating to this or any previous version of these Terms, any document incorporated by reference, or your use of or access to the Platform, shall first be sought to be resolved through good faith discussion between the parties.

If the dispute is not resolved within thirty days of a party raising it in writing, the dispute shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended from time to time. The parties shall jointly appoint a sole arbitrator by mutual agreement. If the parties are unable to agree upon an arbitrator within thirty days of the Notice of Dispute referred to below, either party may approach a court of competent jurisdiction for appointment of an arbitrator in accordance with Applicable Law. The seat and venue of arbitration shall be New Delhi, and the proceedings shall be conducted in the English language.

A party intending to refer a dispute to arbitration must first send the other party a completed Notice of Dispute by registered post, courier with acknowledgment due, or email. A Notice of Dispute addressed to BrainyEV must be sent to the email address recorded under Clause 29 (Contact Us).

28. Miscellaneous

• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
  
• Waiver. Failure by BrainyEV to enforce any provision shall not be treated as a waiver of that or any other provision.
  
• Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between the User and BrainyEV regarding use of the Platform.
  
• Assignment. BrainyEV may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition or sale of assets, without requiring User consent.
  

29. Contact Us

For questions regarding these Terms, or to send a Notice of Dispute under Clause 27 (Arbitration), please write to us at the details below.
For questions regarding these Terms, please contact us at BEV@brainydx.com