TERMS AND CONDITIONS OF USE
A. General
Welcome to “MATTER” and thank you for visiting.
Who owns and manages the Platform?
1.1 The domain name https://www.matterdealership.in and the website, and the mobile application MatterVerse (collectively the Platform) is owned, operated, used, and maintained by Matter Motor Works Private Limited, an Indian company incorporated under the Companies Act, 2013, with registered office at 301, Parishram Building, 5B Rashmi Society, Nr. Mithakhali Six Roads, Navrangpura, Ahmedabad – 380009, India (hereinafter the Company including its permitted assigns and successors). Alongside, the Company has allowed its group entity, Matter Link Private Limited, an Indian company incorporated under the Companies Act, 2013, with its registered office at 301, Parishram Building, 5B Rashmi Soc., Nr. Mithakhali Six Roads, Navrangpura, Ahmedabad, Gujarat, India, 380009 (hereinafter Matter Link including its permitted assigns and successors) to use the Platform for providing information and certain services (discussed later).
1.2 The Company and Matter Link will be collectively referred to as Matter in these terms and conditions of use of the Platform. Further, our Privacy Policy (https://matterbikedealership.in/privacy-policy/) forms an integral part of these terms and conditions, and your information provided through the Platform or received otherwise shall be processed in accordance with our Privacy Policy. The terms and conditions herein along with the Privacy Policy shall be collectively referred to as T&Cs.
2. Why these T&Cs and what is its effect?
2.1 T&Cs along with any policy or other document referred herein governs the manner in which a person can access and/or use the Platform and constitute the electronic contract between Matter and such person under applicable laws, including the Information Technology Act, 2000 and the rules made thereunder.
2.2 For using the Platform, you are required to peruse and understand these T&Cs and we request you to signify your consent/acceptance to these T&Cs. Upon your acceptance or your continued use of the Platform in any manner including visiting the Platform, or registering to create user account, or providing any information on the Platform, these T&Cs will constitute a binding and valid contract.
2.3 If you do not wish to consent, you should not use the Platform in any manner. These T&Cs are computer generated and does not require any physical or digital signatures.
B. Details
3.1 User: User or You or you in these T&Cs mean and include any person visiting the Platform, or any person registering on the Platform to create a User Account on the Platform. The process for creating a User Account on the Platform is
3.2 Scope: T&Cs govern Your access and use of the Platform. Your acceptance or deemed acceptance of these T&Cs form the basis for you to receive information and details about Matter and its specific product and service offering on the Platform in relation to electronic vehicles and software suite (Offerings) including information about vehicle models, colour, specifications, tentative pricing, and receiving an invitation to offer from you where you intend to engage into a commercial sales transaction for such Offerings with Matter. Please note that deemed acceptance may not be sufficient and we will require your express consent to be contractually bound with you and provide you our offerings, and hence, you are required to convey your acceptance for us to provide you with our offerings. These T&Cs do not constitute the sales contract for such Offerings, and subject to the terms contained herein, only allow you to obtain information about Matter, the Platform, and its Offerings.
3.3 Only for India: The Platform can be accessed anywhere in the world, but the Platform is intended for use only in India. The information and Offerings provided on the Platform are not available outside India. Matter’s Offerings and this Platform relate to Indian specifications, and Matter does not intend to offer or sale or enter into contracts with any person outside India.
3.4 Offering Terms and nexus with T&Cs: In addition to these T&Cs, Offerings are subject to additional terms and conditions as adopted by the Company from time to time (Offering Terms). In order to avail such Offerings, you must peruse the respective Offering Terms, and provide your acceptance to be bound by an electronic contract with Matter, without which we shall not be able to provide the Offerings. Please note that these T&Cs form an integral part of all Offering Terms, and when you accept Offering Terms, you would have accepted these T&Cs.
3.5 Amendments: We reserve the right to amend the T&Cs with notice to You upon such amendment. The amended T&Cs will be effective from the date on which they are posted on the Platform, and irrespective of notice to you regarding the amendments, your continued access and use of the Platform from and after the date of posting of the amended T&Cs would constitute your acceptance through conduct to the amended T&Cs. You are requested to make note of the “last updated date” at the beginning of these T&Cs and familiarise yourself with the amended and prevalent T&Cs from time to time. If you do not agree to such amendments or have any queries, you must contact us at
C. Eligibility and User Account
4. Who is allowed and eligible? If you are a natural person, you must be above 18 years of age and competent to contract under the Indian Contract Act, 1872 and other applicable laws. By accessing or using the Platform, you hereby agree and represent that you are competent to enter into a contract, or you have obtained your parent’s/legal guardian’s consent for access and/or use of the Platform. If you are a legal person, you agree and represent that you are duly authorised in accordance with applicable laws by the organization for and on whose behalf you are accessing and/or using the Platform, and such authorisation specifically allows you to enter into and bind the organisation contractually. Matter is relying on such undertaking and representation, and in the event of an anticipated or actual breach by you, Matter reserves the right to limit or stop your access and use of the Platform.
5. User Account:
5.1 Why a User Account is needed? You may view certain sections on the Platform without registering, but as a condition for accessing and/or using all sections on the Platform, you are required to register with Matter.
5.2 How to create a User Account? Users can create an account with a username and password (User Account). At the time of creation of User Account, you will be required to provide your mobile number for one-time password verification purposes, and you are responsible for maintaining the confidentiality of the credentials of your User Account including your username, password, mobile number, and the verification one-time password, and for all activities occurring through your User Account. Please note that we may require additional verification from you from time to time, and you undertake to abide with such requirements.
5.3 Restrictions on User Account: Matter does not allow multiple Users to use the same username and password. You shall never use another User Account without the express permission of such other User. You shall immediately notify us in writing of any unauthorized use of your User Account, or other known account related security breach. Matter shall not be responsible or liable for any loss that you may incur as a result of someone else using your User Account and its credentials, with or without your knowledge.
5.4 Accurate information: You agree to provide and represent that all information provided to Matter is true, accurate, current, and complete. Failure to do so is a breach of these T&Cs and may result in immediate termination of the User Account. If User wishes to update any information provided through the Platform, or unsubscribe or delete the User Account, write to us at customer.grievance@matter.in.
D. Usage Terms
6. What are the general conditions? Users are bound by the following general covenants:
6.1 You shall provide accurate, true and correct information about themselves, and Matter retains the right to verify the accuracy of such information, and the User undertakes to cooperate with Matter in such verification exercise.
6.2 Any transactions through the Platform shall always be made in Indian Rupees, subject to applicable laws. Currently, transactions are enabled through credit/debit cards, netbanking, QR Code, and e-wallets. All transactions are processed through secure payment gateways. Users shall be provided with online confirmation of transactions undertaken immediately, and they must keep such confirmation with themselves for their records.
6.3 Matter reserves the right to modify or discontinue, temporarily or permanently suspend the transaction facility, with or without notice and we shall not be liable to User or third party for the same. Further, Matter reserves the right to refuse processing of any transaction on the Platform including questionable ones.
6.4 Any tax liability arising from transactions undertaken on the Platform shall be borne by the User and Matter shall not provide any tax or legal advice.
6.5 You may choose to remain anonymous. However, it is clarified that by exercising this option, your information shall not be made public, but shall be forwarded to third parties dealing with Matter such as authorised dealers, payment gateways, banks, services providers, and group entities, or disclosed for compliance with applicable law, or for other purposes as stated in our Privacy Policy.
6.6 Matter and the Platform is under no obligation to become involved in disputes between the User and any third party arising in connection with the use of the Platform in any manner.
6.7 You release the Platform and Matter, its group entities, their officers, employees, agents, personnel, successors, assigns, and other representatives (Matter Representatives) from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in relation to such disputes.
7. What are usage restrictions? User agrees and represents that while accessing and/or using the Platform, they shall not post or publish or transmit any content, text, graphic, material, opinion, expression, or any depiction that directly or indirectly by inference, interpretation or analogy:
(i) contains, promotes or provokes violence, racism, abusive language, bigotry, hatred or harm of any kind including financial, social, cultural, or any other prejudice towards any individual or group or community;
(ii) is patently offensive;
(iii) contains, promotes, is derived or attributable to false, or misleading information, and illegal activities;
(iv) contains any link to adult/pornographic website/content;
(v) contains any content that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
(vi) threatens the unity, integrity, defence, security, or sovereignty of India, its friendly relations with foreign states, or public order, or causes incitement to commission of any offence or prevents investigation of any offence, or is insulting of any nation;
(vii) is harmful to minors (i.e., below the age of 18 years);
(viii) contains, or promotes, incites, provokes, induces any activity, language, content deemed unlawful, harmful or inappropriate by law;
(ix) creates a false identity, impersonates any person or entity, or falsely states or otherwise misrepresents itself as anybody else, or being affiliated with any other person or entity;
(x) results in use of Platform for criminal or tortious activity, including but not limited to child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright or any other intellectual property infringement, or theft of trade secrets and confidential information;
(xi) uploads, posts, e-mails, transmits or otherwise makes available any content or initiates communication which include information that User does not have the right to disclose, or make available under any law or under contractual or other relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements), or which infringes or threatens to infringe any third party’s intellectual property rights;
(xii) uploads, posts, e-mails, transmits or otherwise makes available any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letter, pyramid scheme or any other form of solicitation, including sending messages to people who do not know the User, or who are unlikely to recognize the User as a known contact, sending messages to distribution lists, newsgroups, or groups;
(xiii) disguises, deceives, or misleads the origin of any communication transmitted through the Platform, or knowingly or intentionally communicates any misinformation or information which is patently false or untrue or misleading in nature or in respect of any business of the Central or State governments, is identified as fake or false or misleading as notified by the fact check unit designated by the Central Government;
(xiv) interferes with or disrupts the Platform services or servers or networks connected to the Platform, or disobeys any requirements, procedures, policies or regulations of networks connected to this Platform;
(xv) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(xvi) interferes with another User’s access and use of the Platform, or any other individual’s use and enjoyment of similar services;
(xvii) refers to any website or URL that, in our discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these T&Cs;
(xviii) displays on its website and/or the Platform, or use in connection with the Platform, any materials which in any way infringe the copyright, other intellectual property rights or proprietary rights of a third party or which may otherwise render the Platform liable to the payment of damages to any third party;
(xix) is in the nature of online game that is not verified as a permissible online game;
(xx) is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game; and
(xxi) is unlawful.
8. Other covenants: User agrees that:
(i) all information provided by the User during registration process is true, accurate and complete in all aspects;
(ii) they will not allow any third party to use the Platform in any manner on its behalf;
(iii) they shall be responsible for maintaining the confidentiality of their User Account and shall be responsible for all activities occurring through their User Account;
(iv) they will immediately notify us of any unauthorized use of the Platform by any person using User’s device, or details, or any other breach of security;
(v) they are accessing and using the Platform at their sole risk and are using their best and prudent judgment before accessing and using the Platform;
(vi) the terms of agreement with their respective mobile network provider or internet service provider shall apply while accessing the Platform; as a result of this, they may be charged by the concerned mobile network provider or internet service provider for using network connection, and they agree to pay such charges, as applicable, when they access the Platform;
(vii) Matter may update, revise, modify, delete, amend, or withdraw any feature, content, options, page, data hosted on the Platform without any prior notification to User, and User hereby consents to the same.
E. Personal Information Processing
9. Why do we collect and process information? When User uses the Platform, we may need to access User specific data including personal data, identity information, contacts, payment details, financial data, etc. Information provided by User during the registration process and thereafter, help rendering of services, offer relevant content, customer service and network management, and all such information shall be used and accessed as per the terms of our Privacy Policy https://matterbikedealership.in/privacy-policy/. We store personal information including sensitive personal information by employing adequate security measures as required under applicable law.
10. Privacy: Personal information supplied to us while using the Platform or availing the services shall be used by us in accordance with our Privacy Policy. Users must review our Privacy Policy (https://matterbikedealership.in/privacy-policy/) which forms an integral part of these T&Cs before User continues to use or access the Platform.
F. Proprietary Rights:
11. User content: Certain information provided by User may be visible to other Users such as photos, videos or other content (User Content). By accessing and/or using the Platform, you grant Matter and Matter Representatives, an unlimited, non-revocable, sub-licensable, royalty free license to use User Content in any manner as we may deem fit, with due credit and attribution to you and subject to our Privacy Policy and applicable laws.
11.1 This license permits Matter and Matter Representatives to use User Content for promotional activities, reformatting, extraction, translation or use it in any other manner. Matter shall have the right to delete any User Content that User posts on the Platform, without prior written communication to User, and without assigning any reason whatsoever.
11.2 User shall be solely responsible for User Content shared or posted by User on or through the Platform, including its accuracy, quality, integrity, legality, reliability, and appropriateness. Matter and Matter Representatives shall not be liable in any manner for User Content shared, posted, or otherwise made available to us by the User, including any content of messages sent through the Platform’s messaging services.
12. Platform Content: All content and materials, including, but not limited to description of Platform and its use, images, text, illustrations, designs, icons, photographs, names, logos, design marks, brands, Offerings, underlying technology, codes, software, slogans, programs, software, music clips or downloads, video clips, any other intellectual property whether registered or not anywhere in the world, and written and other proprietary information (including page layout, or form) that are part of the Platform (the Platform Content) are intended solely for non-commercial use and cannot be used by Users to generate profits or income.
12.1 The Platform Content is provided by Matter, and User acknowledges that Matter or Matter Representatives are the sole and absolute owners of any intellectual property and associated proprietary rights in the Platform Content, whether registered or not. Except as expressly authorized in these T&Cs, User shall not use, access, distribute, modify, copy, transmit, display, reproduce, license, create derivative works from, transfer, reverse engineer, or deal otherwise with the Platform Content.
12.2 Matter grants you a limited right to access and make personal use of the Platform and to temporarily download the Platform Content for personal, non-commercial viewing only. The said right does not allow you to download, copy, use or access the Platform Content in any manner whatsoever for the benefit of another entity/person, intermediary, or similar platform as ours, or any use of the Platform Content for data mining, or similar data gathering and extraction tools.
12.3 Any attempt to decompile, or reverse engineer, or to remove any proprietary declarations such as copyright, trademark from the Platform Content, is strictly prohibited and will be considered as unauthorized use of the Platform Content, resulting in deregistration and debarment from accessing the Platform.
12.4 Name and logos are trademarks and service marks of Matter. Any product, and service names and logos of other persons, used and displayed on the Platform may be trademarks or service marks of their respective owners who may or may not endorse, or be affiliated with, or connected to Matter. Nothing in this T&Cs should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of trademarks displayed on the Platform without our prior written permission in each instance. All goodwill generated will inure to our exclusive benefit. The terms under this clause shall survive the termination/suspension of these T&Cs.
G. Availability of Platform: Matter will use reasonable efforts to make the Platform available at all times. However, User acknowledges that the Platform and its uses may not be available due to reasons outside our reasonable control such as, without limitation, while under maintenance, technical malfunction, security breach, limited internet or connectivity due to the services rendered by mobile service provider, etc. In such an event, User shall not hold Matter and Matter Representatives liable, including but not limited for any direct or indirect loss.
H. Compliance with laws: User shall comply with all the applicable laws including without limitation to the Indian Contract Act, 1872; the Information Technology Act, 2000; the Prevention of Money Laundering Act, 2002; the Goods and Services Tax Acts; The Income-Tax Act, 1961; and the rules made and the notifications issued thereunder; and other applicable laws.
I. Disclaimer of Warranties: The Platform is provided on an “as is” and “as available” basis. Matter takes adequate measures to safeguard User interests. However, we do not make any representation or warranties in respect of the Platform or its utility.
13.1 Under no circumstance shall Matter or Matter Representatives be responsible for any loss or damage, including consequential, economic or indirect loss or damages, loss of profits, revenue, business, capital, or reputation whether to the User, or any third party, or to any person claiming on behalf of the User, due to use of the Platform, participation in any event hosted by the Platform, form any Platform Content or any content posted on or through the Platform, from the conduct of any other User of Platform, or for any other consequence that directly or indirectly arises out of the Platform.
13.2 The Platform may contain advertising, sponsorship, financing, insurance, dealership, and other promotional and marketing content of third parties. Advertisers, sponsors, financiers, insurers, dealers, and third parties providing promotional and marketing content are responsible for ensuring that material submitted for inclusion on the Platform complies with international and Indian laws. Matter and Matter Representatives take no responsibility for third-party content that are posted on the Platform, nor does it take any responsibility for the goods or services provided by them. They shall not be responsible for any error or inaccuracy in such content nor for any loss that User may incur due to such third party content.
13.3 We do not make any representation or warranty as to specifics such conclusion of sales for our Offerings, other than those representations that are expressly made in these T&Cs or Offering Terms. Notwithstanding any representations made, Users are free to independently verify the veracity and the bona fides of any representation made on the Platform and use their best judgment on that behalf.
This clause shall survive the termination/suspension of these T&Cs
J. Termination: Matter shall have a right to terminate the contract under these T&Cs. We reserve the right to suspend, or terminate your access and use of the Platform and these T&Cs, at our sole and absolute discretion, with or without any reasons, including but not limited to where we are of the view that User has breached, violated, abused, or unethically manipulated or exploited any term of these T&Cs, or anyway otherwise acted unlawfully, or unethically, or where insolvency or liquidation proceedings are initiated against User, or where there is a suspicion of fraud or security breach. The termination or suspension will be effective immediately from such time we provide a written notice to the User or display an appropriate notice on the Platform. Upon such suspension or termination, the User can no longer access or use the Platform. Furthermore, we shall at our sole discretion, delete any and all of User Content or other related data, information and material, and we will have no liability to you or any third party for doing so. This termination clause will survive termination/suspension of the T&Cs.
K. Indemnification: User agrees to indemnify and hold Matter and Matter Representatives harmless from all losses, liabilities, claims, demands or expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon), asserted against or incurred by us that arise out of, as a result from, or may be payable by virtue of, any act or omission, or any breach, or non-performance of any representation, warranty, covenant, agreement made or obligation to be performed by User pursuant to these T&Cs, your violation of any law, or violation of the rights of a third party, including the infringement by you of any intellectual property or other right of any person or entity. These obligations will survive any termination/suspension of these T&Cs.
L. Limitation of liability: Without prejudice, in no event shall Matter and Matter Representatives be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from (i) the use or the inability to use the Platform or the Platform Content or content which the User provides; (ii) unauthorized access to or alteration of your transmissions or data; (iii) any unauthorized, indecent, defamatory, false, seditious content uploaded or posted by anybody else, including audio-visual content infringing any third party’s intellectual property rights; and (iv) any consequence which are not caused by any action or omission on our part. This clause shall survive any termination/suspension of these T&Cs.
M. Third party sites: The Platform may contain links to third party websites for which, Matter and Matter Representatives (i) assume no responsibility; (ii) do not warrant the offerings of any of these businesses or individuals or the content of such third-party websites; (iii) do not endorse, in any way, any third-party websites or content thereof; and (iv) are not liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of those other websites or resources. When you access third-party websites, you do so at your own risk. If you use or access any third party websites, any personal information you give to them will be dealt with in line with their privacy policy, not ours, so please ensure that you read their T&Cs and privacy policy before you use their websites and provide any personal information.
N. Communications: By accessing and/or using the Platform, you consent to receive from us, all communications including notices, agreements, legally required disclosures, or other information in connection with the Platform (collectively Notices) electronically. The mobile number/registration data/ email ID/User’s account details through which the User registers with the Platform will be construed as you designated electronic address and Matter, Matter Representatives, and law enforcement agencies will communicate with the User on their designated electronic address which will be deemed adequate service of notice/ electronic record. Matter may provide the electronic Notices by posting them on the Platform. If you desire to withdraw your consent to receive the Notices electronically, you must discontinue your use of the Platform. This clause shall survive any termination/suspension of these T&Cs.
O. Governing law and Dispute Resolution: These T&Cs shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. If any dispute arises between the User and Matter/Matter Representatives in connection with the validity, interpretation, implementation or alleged breach of any provision of these T&Cs, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by the User and Matter. The arbitration shall be conducted as per the Arbitration and Conciliation Act, 1996 and rules made thereunder, as amended from time to time. The seat and venue of arbitration shall be Ahmedabad, and the language of arbitration shall be English. The arbitral award shall be binding on the Parties. This clause shall survive any termination/suspension of these T&Cs.
P. Non-waiver and Force Majeure: Matter reserves all rights permissible under these T&Cs as well as under law. Non-enforcement of a right under these T&Cs or law shall not be construed as Matter’s waiver of its rights at any time in future. Further, Matter is not responsible for any disruption in providing Platform services or any circumstances arising as a result of events beyond control of Matter including but not limited to acts of God, war, insurrection, riots, terrorism, crime, labour shortages including strikes, embargoes, trade restrictions, postal and internet disruptions, digital infrastructure failures, communication disruption, shutdown, take down orders, pandemic, emergency, or other similar events. This clause shall survive any termination/suspension of these T&Cs.
Q. Grievance Officer: For any complaints/grievances/discrepancies, please contact Mr. Rajeshwar Prasad at the designated Grievance Officer under Information Technology Act, 2000 and any other applicable law for this purpose. The subject of User’s e-mail should state “Complaint/Communication arising from use of the Platform”.
R. General
14. Nothing in these T&Cs shall be deemed to constitute a partnership or agency or employment or any fiduciary relationship between the User and Matter, and the User shall have no authority to bind Matter in any manner whatsoever, nor shall Matter have any authority to bind the User in any manner whatsoever, except as provided under these T&Cs. The Platform and its services are as independent contractor and on principal to principal basis.
15. If any clause of these T&Cs shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these T&Cs.
16. These T&Cs set forth the entire understanding and agreement between the User and Matter with respect to the subject matter and scope hereof.
17. At Matter’s sole discretion, Matter may transfer its rights and obligations under these T&Cs, assign these T&Cs, or novate these T&Cs without User’s prior express consent. However, Matter on reasonable efforts basis and if practicable, may provide the User with an advance intimation of any such acts.
The clauses under Section R shall survive the termination/suspension of these T&Cs.
