Terms & Conditions
Please read these terms carefully before using the website.
By accessing, browsing, or using the website, or by submitting any form, application, or request through the website, you confirm that you have read, understood, and agree to be bound by these Terms, the Disclaimer, and the Privacy & Cookie Policy of Adwin, each of which is incorporated herein by reference. If you do not agree to these terms, you must immediately discontinue use of the website.
These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“User”, “you”, “your”) and Adwin, the power storage, energy and electric mobility brand of [Insert full registered name of the operating company, e.g., Unique Energos Private Limited], a company incorporated under the Companies Act, 2013, having its registered office at VPO. Dhaurang, Yamuna Nagar, Haryana, 135001, India (“Adwin”, “Company”, “we”, “us”, “our”), governing your access to and use of the website https://adwinpower.com and its associated domain(s), including https://adwinbattery.com, and all content, features, tools, and services made available therein (collectively, the “Website”).
Definitions
Eligibility
The Website is intended for use by individuals who are at least 18 years of age and who possess the legal capacity to enter into a binding contract under the Indian Contract Act, 1872. If you are submitting information on behalf of a company, firm, LLP, or other entity (including a dealer/distributor application), you represent and warrant that you are duly authorised to act on behalf of, and to bind, such entity.
Nature of the Website
The Website is an informational and promotional platform for Adwin's Products, corporate information, dealer network, and career opportunities. Save as may be expressly enabled from time to time, the Website does not currently operate as a transactional e-commerce platform for online sale or payment of Products.
Purchase of Products is made through Adwin's authorised dealers and distributors, and is governed by the invoice, warranty card, and any purchase terms issued by the selling dealer/distributor and/or Adwin at the point of sale. If online sale/payment functionality is introduced on the Website in the future, such functionality will be governed by supplementary terms (including terms relating to pricing, payment, shipping, cancellation, and refund) to be published on the Website at that time, which will operate in addition to these Terms.
Forms, Enquiries and Account Information
Use of certain features of the Website, including the Contact Us form, the Partner-with-Us/dealer application form, the Dealer/Store Locator, service booking, warranty registration, newsletter subscription, and career applications, requires you to submit personal and/or business information. You agree that:
- All information you submit is true, accurate, current, and complete, and you will promptly update any information that becomes inaccurate;
- Submission of an enquiry, application, or form does not, by itself, create any binding obligation on Adwin to respond, to appoint you as a dealer/distributor, to offer employment, or to provide any product or service, unless and until confirmed in a separate written communication or agreement signed by an authorised representative of Adwin;
- You will not impersonate any person or entity, or misrepresent your affiliation with any person or entity, while using the Website; and
- Your submission and Adwin's use of your information is additionally governed by the Privacy & Cookie Policy.
Acceptable Use
You agree that you shall not permit any third party to:
- Use the Website for any unlawful purpose, or in violation of these Terms or any applicable law, including the Information Technology Act, 2000 and rules made thereunder;
- Copy, reproduce, republish, frame, mirror, scrape, or create derivative works from the Website or its Content, except as expressly permitted under Section 6;
- Use any automated means (bots, spiders, crawlers, scrapers) to access, monitor, or extract data from the Website, other than standard search-engine indexing;
- Introduce any virus, malware, trojan, worm, or other harmful code, or attempt to gain unauthorised access to the Website, its servers, or any connected network or system;
- Interfere with or disrupt the operation of the Website or the servers/networks used to make it available, or circumvent any security or access-restriction measures;
- Upload, transmit, or submit through any Website form any content that is defamatory, obscene, infringing, unlawful, or that violates the rights (including intellectual-property and privacy rights) of any third party;
- Use the Website to send unsolicited commercial communications (spam) or to collect information about other Users; or
- Misrepresent your identity, affiliation, or authority, including by falsely claiming to be an authorised Adwin dealer, distributor, or representative.
Adwin reserves the right, at its sole discretion, to investigate any suspected violation of this Section and to restrict, suspend, or terminate a User's access to the Website, and to report unlawful activity to the appropriate authorities, without prior notice.
Intellectual Property Rights
The Website and all Content, including the “Adwin” name and logo, the “Ozoro by Adwin” brand, all other trademarks, trade names, service marks, logos, product designs, and all text, graphics, photographs, videos, software, and compilations of data appearing on the Website, are the exclusive property of Adwin and/or its licensors, and are protected under the Trade Marks Act, 1999, the Copyright Act, 1957, and other applicable intellectual-property laws of India and other jurisdictions.
- Subject to your compliance with these Terms, Adwin grants you a limited, non-exclusive, non-transferable, revocable licence to access and view the Website and its Content solely for your personal, non-commercial informational use, or, in the case of an authorised dealer/distributor, solely to the extent expressly permitted under a separate written agreement with Adwin.
- No right, title, or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by Adwin.
- You shall not use, reproduce, modify, distribute, display, or create derivative works from any Adwin trademark, logo, or Content, or use the same in any manner likely to cause confusion as to source, sponsorship, or affiliation, without Adwin's prior written consent.
- Any unauthorised use of the Content may violate applicable intellectual-property, privacy, publicity, and other laws, and may result in civil and/or criminal liability.
Product Information, Pricing and Availability
- Product descriptions, images, specifications, and any pricing/MRP indicated on the Website are provided for general reference only, are subject to change without notice, and may vary by region, dealer, and prevailing taxes/statutory levies.
- Availability of specific Products, models, or variants is subject to dealer stock and may vary by location; inclusion of a Product on the Website does not guarantee its availability at any particular dealer.
- Nothing on the Website constitutes a binding offer for sale capable of acceptance by a User; any purchase is concluded only upon the terms agreed with the selling dealer/distributor.
Warranty
Products sold by Adwin, where covered, carry a limited warranty on the terms, duration, and conditions set out in the physical/printed warranty card or warranty terms accompanying the specific Product at the time of sale, and successful completion of warranty registration (where applicable) through the Website or otherwise. General information about warranty or service on the Website does not itself constitute, extend, alter, or override the specific written warranty terms applicable to a given Product.
Misuse, negligence, or accident; unauthorised repair, tampering, or modification; use of non-genuine spare parts, chargers, or accessories; installation by an unauthorised person, in the case of products requiring professional installation; normal wear and tear; damage caused by improper storage, voltage fluctuation, or environmental exposure outside specified parameters; and use of the Product otherwise than in accordance with the applicable manual or instructions.
This Section is subject to, and does not seek to exclude, any non-waivable statutory rights available to consumers under the Consumer Protection Act, 2019 and the Sale of Goods Act, 1930.
Dealer, Distributor and Business Partner Applications
Submission of an application through the “Partner with Us” page, or otherwise expressing interest in becoming an authorised Adwin dealer, distributor, or business partner, is an expression of interest only and does not constitute an appointment, franchise, agency, partnership, or joint venture. Appointment, if any, is at Adwin's sole and absolute discretion and shall be governed exclusively by the terms of a separate, definitive written dealer/distributor/partner agreement executed between Adwin and the applicant, which shall supersede any statement made on the Website regarding partner benefits, support, or advantages. Adwin reserves the right to accept or reject any application without assigning reasons, and to conduct due diligence (including verification of business/firm details) on any applicant.
Service Requests and Warranty Registration
The Website enables Users to request service or register a Product warranty. Adwin will endeavour to process such requests through its authorised service network within a reasonable time, but does not guarantee any specific response or resolution time. Users must provide accurate Product, purchase, and contact information; Adwin is not responsible for delay or inability to process a request arising from incomplete or inaccurate information provided by the User.
Careers and Recruitment
Submission of a job application, resume, or CV through the Website does not guarantee an interview, offer, or engagement, and does not create an employment or contractual relationship between you and Adwin. Adwin will process career-related personal data in accordance with the Privacy & Cookie Policy.
Adwin does not charge any fee, deposit, or payment at any stage of recruitment; Users should disregard and report any such demand purportedly made in Adwin's name.
Third-Party Links and Social Media
The Website may contain links to third-party websites and social-media platforms (including Facebook, Instagram, LinkedIn, and X) for your convenience. Adwin does not control and is not responsible for the content, functionality, security, or privacy practices of any linked third-party resource, and inclusion of any link does not imply endorsement by Adwin. Your interactions with any third-party website or platform are governed solely by that third party's own terms and policies.
Disclaimer of Warranties (Website)
This section does not affect the separate written warranty terms applicable to any product, nor any non-waivable statutory rights available to you as a consumer. This section is supplemental to, and should be read together with, the full disclaimer published by Adwin.
Limitation of Liability
Without prejudice to the foregoing, Adwin's aggregate liability arising out of or in connection with these Terms and your use of the Website (as distinct from any separate product warranty or dealer/distributor agreement, which shall be governed exclusively by their own terms) shall, in no event, exceed the lower of (i) INR 1,000 (Rupees One Thousand only), and (ii) any fee actually and demonstrably paid by you directly to Adwin through the Website for the specific service giving rise to the claim.
The foregoing limitations apply to the fullest extent permitted by law and reflect an agreed allocation of risk between the parties. Nothing in this section is intended to exclude or restrict any liability that cannot lawfully be excluded or restricted under the Consumer Protection Act, 2019 or other mandatory applicable law, or liability for death or personal injury caused by Adwin's proven gross negligence, fraud, or wilful misconduct, which, to the extent such liability cannot be excluded, shall be limited to the minimum extent required by such law.
Indemnification
You agree to defend, indemnify, and hold harmless Adwin, its directors, officers, employees, group companies, and authorised representatives from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or connected with:
- (a)Your access to or use of the Website;
- (b)Your breach of these Terms or any applicable law;
- (c)Any content or information you submit through the Website;
- (d)Your infringement of any intellectual-property or other right of a third party; or
- (e)Any misrepresentation made by you in any application or form submitted through the Website.
Suspension and Termination
Adwin may, at its sole discretion and without prior notice or liability, restrict, suspend, or terminate your access to all or part of the Website, where Adwin reasonably believes you have violated these Terms, engaged in unlawful or fraudulent activity, or for any operational, security, or legal reason. Sections of these Terms which by their nature are intended to survive termination (including Sections 6, 8–10 (as applicable to concluded transactions), 13–15, and 17–24) shall survive any termination or expiry.
Force Majeure
Adwin shall not be liable for any failure or delay in performance under these Terms, or in the availability of the Website, resulting from causes beyond its reasonable control, including acts of God, natural disaster, pandemic or epidemic, fire, flood, war, riot, civil commotion, strikes, labour disputes, governmental or regulatory action, power or telecommunications/internet failure, or failure of third-party vendors, suppliers, or logistics providers.
Grievance Redressal
In accordance with the Information Technology Act, 2000, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (to the extent applicable), and the Consumer Protection Act, 2019, any complaints or grievances regarding the Website or these Terms may be addressed to the Grievance Officer at the contact details in Section 24 below. Adwin will acknowledge and endeavour to resolve grievances within the timelines prescribed under applicable law.
Governing Law and Dispute Resolution
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, formation, or validity (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of India.
- The parties shall first attempt to resolve any dispute amicably through good-faith negotiation for a period of thirty (30) days from written notice of the dispute.
- If a dispute is not resolved amicably within such period, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, by a sole arbitrator appointed by Adwin. The seat and venue of arbitration shall be Yamuna Nagar, Haryana, India, and the language of arbitration shall be English. The arbitral award shall be final and binding on the parties.
- Nothing in this Section shall prevent Adwin from seeking urgent interim or injunctive relief from a court of competent jurisdiction. Subject to the foregoing, the courts at Yamuna Nagar, Haryana, India shall have exclusive jurisdiction.
- This arbitration clause is without prejudice to any statutory right a consumer may have to approach the consumer fora/commissions constituted under the Consumer Protection Act, 2019, or the Data Protection Board of India under the DPDP Act, 2023, which cannot be excluded by contract.
Regulatory Compliance
Adwin's Products are manufactured with reference to applicable Indian standards, including, where applicable, Bureau of Indian Standards (BIS) specifications, ARAI battery-standard approvals, and CE marking requirements for relevant export markets, and Adwin has obtained ISO 9001:2015 (Quality Management) and ISO 14001:2015 (Environmental Management) certification for its manufacturing operations, each subject to periodic renewal/audit. Nothing in these Terms shall be construed as extending any such certification, approval, or standard to a complete assembled vehicle, installation, or system into which an Adwin Product is incorporated, or as relieving the User, dealer, distributor, or installer of their own independent obligation to comply with applicable law, including the Motor Vehicles Act, 1988, the Battery Waste Management Rules, 2022, and the E-Waste (Management) Rules, 2022.
Assignment
You may not assign, transfer, or sublicense your rights or obligations under these Terms without Adwin's prior written consent. Adwin may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganisation, or sale of assets.
Waiver and Severability
No failure or delay by Adwin in exercising any right under these Terms shall operate as a waiver of that right. If any provision of these Terms is held invalid, illegal, or unenforceable by a court or authority of competent jurisdiction, that provision shall be modified to the minimum extent necessary to render it enforceable, or severed if it cannot be so modified, and the remaining provisions shall continue in full force and effect.
Entire Agreement and Amendment
These Terms, together with the Disclaimer and the Privacy & Cookie Policy, constitute the entire agreement between you and Adwin regarding use of the Website, and supersede all prior or contemporaneous understandings regarding such subject matter.
Adwin reserves the right to modify or update these Terms at any time, at its sole discretion, by posting the revised Terms on the Website with an updated “Last Updated” date. Your continued use of the Website following any such update constitutes your acceptance of the revised Terms.
Where you have a separate signed dealer/distributor/partner agreement or product warranty with Adwin, the terms of that specific agreement shall prevail over these Terms to the extent of any conflict, solely in relation to the subject matter of that agreement.
Notices and Contact Information
All notices to Adwin under these Terms shall be in writing and delivered to the address below. Adwin may provide notices to you via the contact details you have provided, by posting on the Website, or by email.
Company
Adwin – Unique Energos Pvt. Ltd.
Registered Address
VPO. Dhaurang, Yamuna Nagar, Haryana – 135001, India