
Legal
Terms & Condition
The following terms govern use of the EarthtronEV platform, account registration, service access, charging-point interest, payment processing, intellectual property, dispute resolution, and other platform obligations.
Last updated
30-09-2022
This document contains terms and conditions ("Terms of Use") as an electronic record pursuant to the provisions of the Information Technology Act, 2000 and rules made thereunder. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made thereunder.
1. Platform
The website having the domain name earthtronev.com and the application under the name and style of EarthtronEV are owned, managed and operated by Electrecharge Solutions Private Limited.
2. General Terms
The Company develops and operates EV charging stations and offers EV charging points to prospective license owners.
Users include prospective customers who visit, browse, use or access the Platform and or show an expression of interest towards owning an EV Charging Point.
The Platform may provide infrastructure facilities to facilitate collection and remittance of payment transactions between Users and end customers availing charging facilities.
By visiting, accessing or using the Platform or its Services, You are deemed to have agreed to these Terms of Use and all related Company policies and documents.
If You do not agree with these Terms of Use, You should refrain from using or accessing the Platform and availing any Services.
The Company reserves the right to change, modify or update these Terms of Use from time to time, and continued use of the Platform signifies acceptance of the latest version.
3. Definition
"Account" means the account or user profile created by Users on the Platform.
"Applicable Laws" means any applicable law, rule, regulation, ordinance, order, treaty, judgment or governmental directive having the force of law.
"Force Majeure Event" means events beyond the reasonable control of the Company such as war, natural calamity, pandemic, change in law, labour unrest or technical disruption.
"User Data" means the data and information required by the Company for registration and delivery of Services, including name, email, phone number, address, financial details, PAN and Aadhaar details where applicable.
4. Processing of Application and Creation of Account
The Platform may charge a non-refundable application processing fee prior to entry into a License Agreement with the Company.
To avail the Services, a User may be required to enter into a License Agreement and create an Account on the Platform.
Users must provide accurate and complete User Data and keep such information updated from time to time.
Users are responsible for maintaining confidentiality of their Account credentials and for all activities occurring under their Account.
The Company may suspend or block access to an Account upon knowledge or suspicion of unauthorized use.
5. Privacy
During the use of the Platform and Services, Users may provide personal data governed by the Company Privacy Policy.
By using the Platform and Services, Users agree to the terms and conditions of the Privacy Policy.
6. Use of Platform
Users must be at least 18 years of age or use the Platform only with involvement of a parent or guardian where permitted by law.
Users agree to use the Platform lawfully, diligently and honestly and not interfere with, disrupt or harm the Platform or the Services.
The Company does not guarantee uninterrupted or error-free access to the Platform and may suspend or discontinue Services at any time.
Users shall not use automated means, scraping tools, unauthorized access methods, deep links or similar mechanisms to access the Platform improperly.
Users consent to receive communications from the Company by electronic means in relation to the Platform or Services.
7. Code of Conduct
Users shall not disclose confidential or proprietary information of the Company or any third party.
Users shall not upload malware, harmful code, or any content intended to interrupt, destroy or limit Platform functionality.
Users shall not copy, reproduce or distribute material available on the Platform where such reproduction is not legally authorized.
Users shall not engage in conduct that causes liability to the Company or harms the Platform brand, reputation or operations.
8. Indemnity
Users agree to indemnify, defend and hold harmless the Company and its affiliates, officers, employees and agents against losses arising out of breach of these Terms of Use or false, incomplete or misleading data provided by the User.
9. Intellectual Property Rights
All intellectual property rights in and relating to the Platform, including text, graphics, designs, code, software, logos and other materials, belong to the Company or its licensors and are protected by applicable laws.
Use of the Platform does not grant Users any ownership or license in the Company intellectual property except to the limited extent necessary for permitted Platform usage.
Users may not reproduce, adapt, publish, distribute, broadcast or commercially exploit Platform content or branding without prior written consent.
10. Termination
The Company may terminate or suspend access to the Platform if a User breaches these Terms of Use or applicable Company documents.
Users may terminate these Terms by ceasing use of the Platform or closing their Account where applicable.
The Company may also terminate or suspend access where account information is inaccurate, incomplete, fraudulent or where required by law.
11. Liability
The Company shall not be liable for special, incidental, indirect, consequential or punitive damages arising from access to or use of the Platform or Services.
The Platform acts as a facilitating platform for access, expression of interest and related charging-point services, and users acknowledge the limits of such facilitation.
12. Disclaimers
The Platform is provided on an "as is" and "as available" basis, and the Company makes no warranties, express or implied, regarding operation, availability or suitability.
The Company reserves the right to add, modify or withdraw information or Services from the Platform at its sole discretion.
To the fullest extent permitted by law, the Company disclaims all warranties and liability arising from interruption, suspension, modification or termination of the Platform or Services.
13. Severability
If any provision of these Terms of Use is held unenforceable by a court of competent jurisdiction, the remainder shall continue in full force and effect.
14. Waiver
No provision of these Terms shall be deemed waived unless such waiver is in writing and signed by the Company.
15. Governing Law, Jurisdiction and Dispute Resolution
These Terms of Use are governed by the laws of India, and courts and tribunals of New Delhi, India shall have exclusive jurisdiction, subject to applicable dispute-resolution provisions.
Disputes may first be attempted to be resolved through negotiation and, if unresolved, may be referred to arbitration under the Arbitration and Conciliation Act, 1996 with seat and venue in New Delhi, India.
16. Notices
The Company may provide notice through the Platform, by email, by contact number, or by written communication sent to the address on record in the Account.
17. Force Majeure
The Company shall not be liable for failure to perform obligations under these Terms where performance is prevented, hindered or delayed by a Force Majeure Event.
18. Other Terms
Platform content may not be reproduced, republished, mirrored or distributed for commercial use without prior written consent.
Users navigating to third-party websites may become subject to alternative terms of use and privacy policies applicable to those websites.
No partnership, joint venture or employment relationship is created between the User and the Company by virtue of these Terms of Use.
Users may receive marketing and promotional materials through mail, SMS or other communication methods, subject to applicable law and user preferences.
19. Customer Service
Complaints or concerns regarding the Services or breach of these Terms may be communicated to the Company at [email protected].