Terms & Conditions
These Terms of Services (referred as “Terms”)
govern the use of evnex.in and its
apps for the purchase of plug-in electric vehicles (“EVs”) parts and making
bookings at EV charging stations, and related promotions, offers, programs,
applications, and products (referred as “Services”) made available to you by
EVPC Pvt. Ltd.
These Terms affect your rights and are important.
Please read them carefully. Each provision contains important information about
the Services provided to you. These terms limit liability of EVPC Pvt. Ltd. in
the event of a dispute as well as limit the remedies available to you.
By accessing or using the evnex.in and its apps, you agree to be bounded by these Terms. If
in case you don’t agree with these Terms, do not access or use the Services.
These Terms expressly supersede/supplement prior agreements or arrangements
with you for different Services.
EVPC Pvt. Ltd. may amend these Terms from time to
time. Amendments will be effective after they have been posted on www.evnex.in.Continuation of access or
use of the Services after such notice and posting confirms your consent to be
bound by the Terms, as amended. Do not continue to use the Services, if you
disagree with the amended terms.
EVPC Pvt. Ltd. reserves the right to investigate
and reported violations of these Terms. It may take any appropriate action,
including but not limited to reporting any suspected unlawful activity to law
enforcement officials and disclosing any information necessary relating to your
Account, IP addresses, usage history, and traffic information.
Accurateness of Information
Registration of an account evnex.in and its apps require you to submit to EVPC Pvt. Ltd.
certain personal information, such as your name, mobile phone number, address,
and age and at least one valid payment method supported by evnex.in and its apps. You agree and commit to maintain accurate,
complete, and up-to-date information in your account. In case you fail to
maintain accurate, complete, and update account information, including having
an invalid or expired payment method on file, it may result in additional fees
and/or your inability to access or use the Services.
Responsibility for all the activity that is
executed via your account lies with you. You commit to maintain the security
and secrecy of your account’s username and password at all times. Unless
otherwise permitted EVPC Pvt. Ltd.in writing, you may only possess one account
on evnex.in and its apps. You must
not authorize third parties to use your account.
Modification & Termination
To modify or terminate your account or Services,
login to the website (www. evnex.in)
or mobile app, or email at info@evnex.in or call at +91-9999354333.
EVPC Pvt. Ltd. may terminate these Terms or any
Services, or deny access to the Services or any portion thereof or generally
stop offering any Services, at any time with immediate effect for any reason at
its sole discretion. If EVPC Pvt. Ltd. decides to terminate your Account and/or
your use of the Services, you will be responsible for payment for any Services
used, but not yet paid for, and any other fees due, as of the date of such
termination. In addition, if applicable, EVPC Pvt. Ltd. may collect damages
from you in connection with your breach of these Terms, and may exercise any
other remedies available to EVPC Pvt. Ltd.
Upon termination of Services or your Account,
your method of payment will be charged for any unbilled amounts and any other
fee dues.
RFID Card Policy
Upon completing registration on www. evnex.in or its apps, you will be
granted access to Services using a valid authentication method, which may
include an RFID access card and/or a mobile authentication method (“Access
Credential”). Your Access Credential will enable you to use EV charging
stations across the www.evnex.in network to charge your EV.
You are responsible for all the charges incurred
through use of your Access Credential linked to your Account. In the
event of a lost or stolen Access Credential, you are responsible for notifying
EVPC Pvt. Ltd.by sending an email to info@evnex.in or calling +91-9899140809. You agree
to be liable for any and all charges incurred due to usage of the lost or
stolen Access Credential until EVPC Pvt. Ltd. Has been notified.
Charging Station Owner Policy
EV Charging Stations may be located and hosted on
a third party’s property (any such third party is hereby referred to as
“Host”). As such, you agree to observe and obey any and all rules set by Hosts
pertaining to their property and the use of EV charging stations, including but
not limited to parking restrictions, parking time limitations, and hours of
operation.
You are solely responsible for any damage, fees,
penalties or loss levied due to noncompliance of any Host rules by you. The
Host has the right to share your data with their employees for any performances
reasons. By using the EV charging station, you agree to the data sharing policy
of the Host.
Service Failure Policy
If any equipment malfunction occurs or there is a
technical issue with your Access Credential or an EV Charging Station, please
call +91-9999 354 333 or the contact number located on the EV Charging Station.
To ensure the quality of the Services, you consent EVPC Pvt. Ltd. to monitor
and record calls between you and EVPC Pvt. Ltd.
While EVPC Pvt. Ltd. uses its reasonable efforts
to make the Services available, the 24/7 availability of the Services is not
guaranteed. Because evnex.in and its
apps provide self-service operation, EVPC Pvt. Ltd shall not be liable if: (a)
Parking Space is unavailable at any particular location; or (b) Host is
incapable of honoring a reservation in the event of an occurrence which can’t
be controlled by EVPC Pvt. Ltd.’s, such as the parking of an unauthorized
vehicle in the space allotted to you at the time reserved.
If, for any reason, Services are completely
unavailable for a period of more than five (5) days, EVPC Pvt. Ltd. will
provide the applicable remedy.
Legal Act
By using our Services, you agree to comply with all applicable laws when
accessing or using the Services, and you may only access or use the Services
for lawful purposes.
You may not use the Services (i) in any way that could cause harm, nuisance,
annoyance, inconvenience, damage or adversely affect any person or EVPC Pvt.
Ltd.’ Reputation or property, including EV charging stations, or (ii) in any
way prohibited by these Terms, any supplemental terms or other EVPC Pvt. Ltd.
policies. Additionally, you may not attempt to repair, physically modify,
reverse engineer or derive source code from any EV charging station.
You acknowledge and agree that EV charging station equipment manufacturer
(manufacturer can also be EVPC Pvt. Ltd.) has reserved all right including
titles, intellectual property, associated with EV Charging Station equipment
and that you will not take any action that would cause, or by inaction permit
any impairment of any of these and respect the overall legal rights of the
manufacturer.
Dispute resolution and governing law
You and EVPC Pvt. Ltd. agree that any dispute arising out of or relating to
(a) breach, termination, enforcement, interpretation or validity of these Terms
or (b) your access to or use of the Services at any time, whether before or
after the date you agreed to the Terms, will be settled by binding arbitration
between you and EVPC Pvt. Ltd., and not in a court of law.
The arbitration will be administered by the
Indian Council of Arbitration in accordance with the “Rules of Arbitration of
the Indian Council of Arbitration” as listed on the website
http://www.intracen.org/Rules-of-Arbitration-of-the-Indian-Council-of-Arbitration/.
The parties agree that the arbitrator, and not any court or agency, shall have exclusive authority to resolve any disputes related to the applicability, interpretation, enforceability or formation of this Arbitration Agreement. This includes any claim that all or any part of this Arbitration Agreement is void or voidable.
