The www.spotcharge.co.in the web portal, the SpotCharge mobile App (as also defined below as “Application”), Charging stations, and other services hosted or made available by EV Spot Charge Private Limited including FAQ pages, Contact Us, Payment Gateway Service Provider are collectively referred to in these T&C as the “Service”. In exchange for being enabled to use the Service, you agree to abide by these T&C. The Application/portal is operated by EV Spot Charge Private Limited (SpotCharge), offers the Service to you for getting your Electric Vehicle charged at various locations owned and/or operated charging station subject to your agreement with this Terms & Conditions of the Service. Please read these Terms & Conditions of Service carefully before registering as a Customer for accessing or using our Service. By registering as a Customer, you agree to be bound by these Terms & Conditions of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access or use our Service. If these Terms & Conditions of Service are considered an offer, acceptance is expressly limited to these Terms & Conditions of Service. Any new features or tools which are added to the current Application or Service shall also be subject to the Terms & Conditions of Service. You can view the most current version of the Terms & Conditions of Service at any time on the portal/application. We reserve the right to update, change or replace any part of these Terms & Conditions of Service by posting updates and/or changes to our portal/application. It is your responsibility to check our portal or Application periodically for changes. Your continued use of or access to our service following the posting of any changes constitutes acceptance of those changes.
Service Registration as Customer
You agree that before using our Service you will register to Application/Portal as Customer. For registration you will download SpotCharge App from Google Play Store/IOS App Store using a compatible smartphone or visit www.spotcharge.co.in and register yourself as a Customer by providing personal information such as your name for identification, mobile number for communication, Vehicle number etc. (Collectively referred to as “Personal Data”). Your personal details and all other information shall be stored on authorised service and you are doing hereby specifically authorizing us for this purpose. It is the Customer's responsibility to ensure that the user information is always correctly registered in the Application. EV Spot Charge Private Limited (SpotCharge) is not responsible for incorrect input data during registration. EV Spot Charge Private Limited (SpotCharge)reserves the right to freely assess Customer requests for registration to Service and accept or reject the registration.
Subsequent to successful registration you will get an OTP which after confirmation will complete the registration for accessing the Service through Mobile App/portal for which you shall have to create your own password/user name. Connection to the Service can be availed through any nearby charging stations that cover your spot listed with EV Spot Charge Private Limited (SpotCharge). A list of our charging stations including their availability and other relevant information is listed on the portal as well as on App. The charging Session starts from the time we connect your EV to the charging unit listed with EV Spot Charge Private Limited (SpotCharge) and ends when we or the application/portal disconnects your EV from the charging unit. To ensure that the charging has begun, the Customer shall refer to the information visible on the charger or Portal/APP. It is the Customer's responsibility to ensure that the vehicle has the right conditions to charge with the charging station. It is the Customer's responsibility to update the account with any new/updated information as possible after receiving the information. By accepting this T&C, you accept that EV Spot Charge Private Limited (SpotCharge) will debit the Applicable charging fee, including applicable taxes and service charges. The final charging fee, which is based on the time of charging or on per unit electricity consumed at the predetermined price notified to the Customer before charging, will be calculated once the charging is completed and debited immediately. Charging shall be completed either by the system according to the Customer's wallet balance at the beginning of the charging session, or by EV Spot Charge Private Limited (SpotCharge) at any time. The Customer is, for their part, responsible for keeping the password secure. It is recommended not to write down the password lest third parties can access your account. It is also advised that the password should be used in a way that does not allow others to gain access to the information. The Customer shall immediately notify EV Spot Charge Private Limited (SpotCharge) by sending an e-mail to hello@spotcharge.co.in if the Customer believes that unauthorized persons have gained access to or knowledge of the password.
Unauthorized use of the services
The Customer is responsible for any unauthorized use of the Service under their control. The Customer is advised to notify EV Spot Charge Private Limited (SpotCharge) immediately if they believe that their account has been used by an unauthorized person or in an unauthorized manner.
Complaints and Investigation of a SpotCharge portal/application purchase transaction
a Customer wishing to submit a complaint regarding Transaction shall notify EV Spot Charge Private Limited (SpotCharge) within 15 days of the date on which the purchase transaction in question became available on their online account. The complaint shall clearly indicate the type of error in the Transaction. When a Customer submits a complaint, EV Spot Charge Private Limited (SpotCharge) shall carry out an investigation. Complaints regarding incorrect charging costs are processed and determined by SpotCharge. If and when a complaint is accepted, EV Spot Charge Private Limited (SpotCharge) shall compensate the Customer for the amount, which will not be more than the excess amount deducted in lieu of the charging fee. If the complaint is rejected, SpotCharge shall inform the Customer of the result of the investigation of the complaint and inform the position of EV Spot Charge Private Limited (SpotCharge). The investigation shall be completed within 90 days from the receipt of the written complaint.
Changes to Services or terms and conditions
EV Spot Charge Private Limited (SpotCharge) reserves the right to modify T&C or Services from time to time to adapt its operation to new technologies or new IT platforms, or due to administrative reasons or due to information security or regulatory requirement etc. All such updated T&C shall be applicable for availing the Service. At all times updated T&C shall be available for view to Customers on www.spotcharge.co.in or the APP. It will be notified to Customers in the form of Updates on their App. Customers are advised to periodically update SpotCharge App for use.
Termination of membership/registration
The Customer may terminate their membership by giving one month’s notice, and any fees collected for registration or membership shall be non-refundable. The notice of termination shall be sent by e-mail to hello@spotcharge.co.in. However, the customer will be liable to pay all dues against transactions made till the date of cancellation of registration. EV Spot Charge Private Limited (SpotCharge) has the right to give the notice to terminate this agreement in the following cases:
1) The Customer uses the Service contrary to this agreement or to the obligations they have towards EV Spot Charge Private Limited (SpotCharge).
2) The Customer does not meet their payment obligations.
3) EV Spot Charge Private Limited (SpotCharge) has cause to suspect that the Service is being misused
In all the above cases, EV Spot Charge Private Limited (SpotCharge) shall give the opportunity to the Customer to remedy the situation. If within 15 days from the issuance of such remedial notice, the Customer does not remedy the situation, EV Spot Charge Private Limited (SpotCharge) shall have the right to invoke this clause for termination of the registration and any fees collected for registration or for membership shall be non-refundable. It is the Customer's responsibility to terminate the registration if the Service is not intended to be used, if the vehicle is sold or temporarily out of use, etc. EV Spot Charge Private Limited (SpotCharge) can terminate this Agreement by providing 30 days’ notice to you without assigning any reason.
Disclaimer of Warranties & Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall EV Spot Charge Private Limited (SpotCharge), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Indemnification
You agree to indemnify, defend and hold harmless EV Spot Charge Private Limited (SpotCharge) and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
Jurisdiction and Governing Law
All disputes arising from this Agreement shall be governed by Indian laws and Courts at Delhi shall have jurisdiction over matters arising out of this Agreement.
You and EV Spot Charge Private Limited (SpotCharge) 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 EV Spot Charge Private Limited (SpotCharge), 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.