terms and conditions

Version : 1.0
Effective Date: 26th April, 2023

THIS ELEKTROPOD.COM WEBSITE TERMS & CONDITIONS (“Agreement”) IS AN ELECTRONIC RECORD AND ELECTRONIC CONTRACT BETWEEN YOU (“You/you”, “Your/your”, “Yourself/yourself”) AND ELEKTROPOD TECHNOLGIES PRIVATE LIMITED, #11A, EASTWOOD LAYOUT, HARLUR, OFF SARJAPUR ROAD, BANGALORE 560 102 (“Elektropod”, “We/we”, “Our/our”, “Us/us”) FORMED UNDER THE PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED FROM TIME TO TIME. THIS DOCUMENT DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

BY ENTERING INTO THIS AGREEMENT(“AGREEMENT”) WITH ELEKTROPOD, YOU MAY USE OUR WEBSITE WWW.ELEKTROPOD.COM, ANY UPDATES AND UP GRADATION OF THE SAME (COLLECTIVELY, “SERVICES”). THE WEBSITE AND THE SERVICES ARE HEREINAFTER COLLECTIVELY CALLED THE “WEBSITE”.

BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, CLICKING ON ‘I AGREE’ OR OTHERWISE USING THIS WEBSITE YOU (1) INDICATE THAT YOU ARE OF LEGAL CONTRACTUAL AGE, AND (2) YOU CONFIRM THAT YOU HAVE THE LEGAL CAPACITY TO EXECUTE THIS AGREEMENT OR THAT YOU HAVE EXECUTED THIS AGREEMENT THROUGH A LEGAL GUARDIAN OR LEGAL REPRESENTATIVE, AND (3) YOU AGREE TO CONTRACT ELECTRONICALLY WITH ELEKTROPOD (as defined below), AND (4) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE LEGALLY BOUND AND GOVERNED BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

THIS AGREEMENT IS EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY AS MENTIONED ABOVE).

IF YOU HAVE EXECUTED THIS AGREEMENT, BREACHING THE FOREGOING CLAUSES OR IF YOU DO NOT AGREE TO THE TERMS CONTAINED HEREIN, DO NOT DOWNLOAD, INSTALL, COPY, ACCESS OR OTHERWISE USE THIS WEBSITE AND DELETE ALL COPIES OF THE WEBSITE AND DO NOT USE CHARGING STATIONS ON ELEKTROPOD NETWORK.

An “Associated Party” may mean a vendor, service provider, consultant, customer, partner, employee or any other legal representative of Elektropod.

1. License Grant and Restrictions on Use of Website

This Agreement provides to You with a personal, revocable, limited, non-exclusive, royalty-free, non-transferable license to use the Website conditioned on Your continued compliance with the terms and conditions of this Agreement . The Website is licensed to You by Elektropod for the limited purpose of Your personal use only and strictly in accordance with the terms and conditions of this Agreement. You are not granted any IP Rights in or to the Website by implication, estoppel or other legal theory, and all rights in and to the Website not expressly granted in this Agreement are hereby reserved and retained by Elektropod.

2. Accuracy of Information

You agree that, while Elektropod has attempted to provide accurate information on the Website, such information may change frequently and in no event will Elektropod be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the Website, or that any such information, materials, or other content is the most up-to date.

Elektropod uses all reasonable efforts to ensure that the availability of Elektropod enabled Charging Stations can accurately be tracked on the website, but cannot guarantee or assure that the charging stations will be available for provision of services at any given point of time, and expressly disclaim any warranty of availability of the Elektropod Charging Stations at any point of time as displayed on the Website.

3. Availability and Accessibility

Due to the nature of the Internet, Elektropod cannot guarantee the continuous and uninterrupted availability and accessibility of the Website. Elektropod may restrict the availability of the Website or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Website. Elektropod may improve, enhance and modify the Website and introduce new services from time to time.

Elektropod may make access to and use of the Website, or certain areas or features of the Website, subject to certain conditions or requirements, such as completing a verification process, linked to your mobile phone or any other verification processes.

User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of a user’s identity.

4. Separate Terms & Conditions

The access to or use of certain areas and features, the Website may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Website, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

Elektropod reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Website and update the “Last Updated” date at the top of these Terms. You understand and agree that your continued access to or use of the Website will constitute acceptance of the revised Terms.

As and when an account is created by you, you are responsible for maintaining the confidentiality and security of your User Account credentials and may not disclose your credentials to any third party. You are liable for any and all activities conducted through your User Account. All payments received pursuant to the use of the User Account shall be deemed to have been paid by the you shall be considered as a genuine consideration and Elektropod shall not be responsible or liable for any refunds due to any fraudulent charges.

5. Intellectual Property Rights

You acknowledge and agree that the Website and the content available on the Website (“Elektropod”), including all associated intellectual property rights, are the exclusive property of Elektropod. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website. All trademarks, service marks, logos, trade names, and any other source identifiers of Elektropod used on or in connection with the Website.. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Website are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Website. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Elektropod Technologies Private Limited or its licensors, except for the licenses and rights expressly granted in these Terms.

6. Reviews on Website

You as an user, can leave a public review (“Review”) and submit a star rating (“Rating”) about your experience of the Website/ and or the Services and/or the Vendors. Ratings and Reviews are not verified by Website for accuracy and may be incorrect or misleading. Ratings and Reviews however must be as accurate and may not contain any offensive or defamatory language.

7. Your responsibilities

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Website. In connection with your use of the Website, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Conditions;
use, display, mirror or frame the Website or any individual element within the Website, Elektropod’s name, any Elektropod trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the Website, without Elektropod’s express written consent;
dilute, tarnish or otherwise harm the Elektropod brand in any way, including through unauthorized use, registering and/or using Elektropod or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Elektropod’s domains, trademarks, taglines, or promotional campaigns;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Website for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Elektropod or any of Elektropod’s providers or any other third party to protect the Website;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Website;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Website;

If you choose to use the Website, you do so voluntarily and at your sole risk. The Website is provided “as is”, without warranty of any kind, either express or implied.

As a user of the Website, you shall always input true and correct information about yourself. You understand and agree that Elektropod does not claim any responsibility for the information that is provided by you.

The entire responsibility of checking and adhering to the availability of the EV charging stations lies with the User.

If we choose to conduct identity verification or background checks on any user, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a guest or guarantee that a guest will not engage in misconduct in the future.

You assume full responsibility for the choices you make before, during and after your use of the Website.

8. Termination

Elektropod may immediately, without notice, terminate this Agreement and/or stop providing access to the Website if (i) you have materially breached your obligations under these Terms, the payments terms, our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Elektropod believes in good faith that such action is reasonably necessary to protect the personal safety or property of Elektropod and its Website visitors, its other users and clients.

9. THIRD-PARTY

The Website incorporates and/or makes use of certain third-party codes, content, services, libraries, trademarks, and/or other material (“Third-party Content”) under licenses governing the terms of use of those Third-party Content, , including but not limited to content from RazorPay®, Google®, Apple ® and Facebook® companies. Your use of this Third-party Content will be subject to the terms of service and privacy policies of any such third-party provider. Except for the limited access that the Website provides to the Third-party Content, You are restricted from accessing, downloading or in any way using such Third- party Content and the You undertake to abide with the restrictions for such Third-party Content. All trademarks used in the Website belong to their respective owners and Elektropod does not claim any rights in the same. You are prohibited from using such Third-party trademarks used in the Website.
You understand and acknowledge that where the Website provides links or integration to access or otherwise use third-party products or services or websites or mobile applications, that Elektropod has no control over such third-party products or services or websites or mobile applications or the information that they collect . Your use of such third-party sites and mobile applications is solely at Your own risk and may be subject to the terms and conditions imposed by such third-parties. ELEKTROPOD DOES NOT WARRANT OR ENDORSE SUCH THIRD-PARTY SITES AND MOBILE APPLICATIONS AND SHALL NOT BE RESPONSIBLE IN ANY WAY WHATSOEVER FOR THEM.

10. CONSENT TO COLLECTION AND USE OF DATA

For any data that You fill up in any form on the Website, You are giving Elektropod and its Associated Parties a complete ownership to use the data which can’t be revoked by you except where permitted by law. Elektropod and its Associated Parties will have the right to reproduce, use and exploit the data in any form.

11. Elektropod Privacy Policy

Elektropod is a global business and to offer our products, apps and services, we may need to transfer your personal data to our service providers and Associated Parties of Elektropod in other countries. Elektropod values Your privacy and will only collect, process, copy, backup, store, transfer and use personally identifiable information in connection with Your use of the Website, in accordance with the terms and conditions of Privacy Policy (available on Company’s Website https://elektropod.com/). By entering into this Agreement, or using the Website, You agree to Privacy Policy and to the collection, use, and sharing of Your data it describes. To the extent there is any conflict between the terms of this Agreement and the terms of the Privacy Policy, the Privacy Policy controls.

12. TERMINATION

This Agreement is valid and effective until terminated. Either Party may terminate this Agreement or any document referred herein at any time without assigning any reason. Without limiting the foregoing, Elektropod may terminate this Agreement or suspend Your use of the Website without prior notice, at any time and for any reason. Upon the termination of this Agreement, You shall cease all use of the Website.

13. DISCLAIMER OF WARRANTIES, OTHER DISCLAIMERS

13.1. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, ELEKTROPOD DOES NOT OFFER ANY EXPRESS OR IMPLIED WARRANTY ON THE WEBSITE AND SERVICES PROVIDED BY IT. THEY ARE PROVIDED TO YOU “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” AND ELEKTROPOD DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, AND ELEKTROPOD DISCLAIMS ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, AND CONDITIONS, ORAL OR WRITTEN, EXPRESS OR IMPLIED, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, MEETING YOUR REQUIREMENTS, TITLE, OR NON-INFRINGEMENT. YOUR USE OF SERVICES ARE AT YOUR OWN SOLE RISK.

13.2 WITHOUT LIMITING THE FOREGOING, ELEKTROPOD MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE AS TO THE WEBSITE’S USE OR PERFORMANCE OR WEBSITE OR THE RELATED SERVICES WILL BE FAILSAFE, OR UNINTERRUPTED OR BE AVAILABLE 24X7, OR FREE FROM ERRORS OR DEFECTS, OR MALICIOUS CODE FREE, OR THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED.

13.3 ELEKTROPOD DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES AS REGARDS THE ACCURACY OR COMPLETENESS OF THE DATA COLLECTED FROM AND/OR DISPLAYED ON THE WEBSITE INCLUDING, WITHOUT LIMITATION COMPANY DATA, PRODUCT INFORMATION SUCH AS FEATURES AND PERFORMANCE, FITMENT FOR ANY SPECIFIC USE, SOLUTIONS, BUSINESS MODELS, PRICINGS, OFFERS, DISCOUNTS, MARKETING INFORMATION, OR ANY OTHER FEATURE AVAILABLE ON THE WEBSITE.

13.4 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ELEKTROPOD OR ELEKTROPOD’S AUTHORIZED REPRESENTATIVE SHALL CREATE A GUARANTEE OR WARRANTY. SHOULD THE WEBSITE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

13.5 Where a country/jurisdiction does not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, then the exclusions and limitations mentioned in this Agreement shall be applied to You to the maximum extent permissible by law.

13.6 Elektropod shall be absolved from all liabilities, if there is a Force Majeure event (or any other reason or event beyond the actual or reasonable control of Elektropod), or the User breaches this Agreement, or there are legal restraints in providing the Charging Station Services and Website to the User. A Force Majeure Event is any event that is beyond the actual or reasonable control of Elektropod and includes without limitation, earthquakes, any natural event or disaster, any act of God, riots, war, hostilities, terrorism, strike, lockout or other industrial action, computer system malfunction or failure (regardless of cause), any third-party interference with a computer system, error, failure, interruption, delay or non-availability of any goods or services supplied to Elektropod by a third party.

14. LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER IN TORT, NEGLIGENCE, CONTRACT OR OTHERWISE, SHALL ELEKTROPOD, ITS AFFILIATES, AGENTS OR PRINCIPALS BE LIABLE TO ANY PERSON FOR ANY PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FOR PERSONAL INJURY, DEATH, CORRUPTION, LOSS OF ANY ECONOMIC INTERESTS, LOSS OF PROFITS OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE, EVEN IF ELEKTROPOD HAS BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES. ELEKTROPOD’S AGGREGATE LIABILITY (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF FEE PAID BY THE USER TO ELEKTROPOD FOR USING THE WEBSITE DURING THE ONE MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM OR INDIAN RUPEE ONE (OR ITS EQUIVALENT IN ANY OTHER CURRENCY), WHICHEVER IS LESS.

15. INDEMNIFICATION

15.1 In consideration for provision of the Website to You, You hereby agree to indemnify, defend, protect from liability and hold harmless Elektropod and its Affiliates, Associated Parties (and their respective successors and assigns) and each of their respective officers, directors, agents and employees (the “Indemnified Parties”) from and against any claims, suits, demands, losses, damages, fines, penalties, interests, expenses and causes of action (including without limitation, fees for attorneys and other professional advisors) for any injury, loss or damage of any kind caused by, arising out of or in connection with the following:

Your misuse or misapplication of the Services, damage to the Charging Station or damage to the Charging Station premises
Your breach of this Agreement;
Your violation of law;
Your misrepresentation, impersonation, negligence, fraudulent, or wilful misconduct;
any incorrect or incomplete information provided by You;
any hacking, release of malware or trojans by You or Your principal, agent or representative or any Person working under Your instructions;
Your breach of confidentiality or sharing of Your username or passwords;
Your infringement of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity.

15.2 ELEKTROPOD HAS NO RESPONSIBILITY FOR, AND YOU WILL INDEMNIFY AND HOLD HARMLESS INDEMNIFIED PARTIES FROM, ALL CLAIMS, SUITS, DEMANDS, AND PROCEEDINGS ALLEGING, CLAIMING, SEEKING, OR ASSERTING, ANY LIABILITY, LOSS, OBLIGATION, RISK, COST, DAMAGE, AWARD, PENALTY, SETTLEMENT, JUDGMENT, FINE, OR EXPENSES (INCLUDING ATTORNEYS FEES) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE CHARGING STATION, THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THOSE THAT (i) COULD HAVE BEEN PREVENTED BY DEPLOYMENT OF FAILSAFE OR FAULT-TOLERANT FEATURES TO THE HIGH RISK SYSTEM, (ii) ARE BASED ON A CLAIM, ALLEGATION, OR ASSERTION THAT THE FUNCTIONING SAFETY OF USER, VEHILCE, PEOPLE AND PROPERTY DEPENDS OR DEPENDED ON THE FUNCTIONING OF THE CHARGING STATION, THE WEBSITE OR THAT THE FAILURE OF THEM CAUSED ANY HARM TO PEOPLE, VEHICLE, PROPERTY OR 3RD PARTY.

15.3 These obligations will survive any termination of the Agreement. Elektropod shall give a notice to You of any claim that arises out of this Agreement, and such payment shall become due and payable upon receipt of the claim notice by You. Any delay in making the claim or giving the notice by Elektropod does not relieve You of Your obligations under this clause.

16. MISCELLANEOUS

16.1 Controlling Law and Severability

(i)This Agreement is to be construed according to the laws of India. All disputes arising out of or relating to this Agreement or its subject matter will be governed by the substantive laws of India. All disputes shall be finally settled by arbitration to be held in Bangalore. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act to enforce any of its terms.

(ii) All of the provisions of this Agreement shall be considered as separate terms. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.

(iii)We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. For all claim proceeds in a court, we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

16.2 Elektropod® is a registered trademarks of Elektropod and any imitation or reproduction of the same without prior written permission from authorized representative of Elektropod is prohibited. Imitation of registered trademarks is a punishable offence under laws.

16.3 Entire agreement, Waiver, Assignment and Governing Language

(i) This Agreement, including all documents incorporated herein by reference, constitutes the entire agreement between You and Elektropod and supersedes and cancels any prior, other or contemporaneous communication, understandings, representation or advertising whether oral or written, on the subjects herein. No terms or conditions of any other document of Yours will govern the transactions contemplated by this Agreement. No amendment to or modification of this Agreement will be binding on Elektropod unless such modification is by a written addendum issued by a duly authorized representative of Elektropod.

(ii) Elektropod shall not be deemed to have waived off any of its rights under this Agreement unless such waiver is in writing, signed by an authorised representative of Elektropod, specifically referencing this Agreement and the provision(s) herein to be waived. Delay or omission by Elektropod in exercising or enforcing any right under this Agreement shall not operate or constitute a waiver of such right or provision. A waiver on any one occasion shall not be construed as a waiver of any right or remedy for any future occasion.

(iii) Where any translation of this Agreement has been done for local requirements, then in the event of an ambiguity arising between the English and any non-English versions, this English version of Agreement shall govern.

(iv) Elektropod may assign this Agreement, in whole, at any time without Your prior consent.

16.4 Notices

All notices, requests, demands and determinations for Elektropod under this Agreement (other than operational communications) shall be sent via electronic communication to support@coveiot.com, with subject as “Attn: Legal Dept. – Legal Notice”.

16.5 Modification or Amendment of Agreement

Elektropod may modify or amend the terms of this Agreement or any document referred herein by posting an updated version on its website and Website. The updated version of the Agreement and other documents shall take effect immediately upon posting. You will be deemed to have agreed to any such updated version, and have read, understood and accepted the terms contained therein, by Your decision to continue using the Website following the date and time on which the updated version was posted on the Website or Elektropod’s website.