Terms of Use
By entering into this (“Agreement”) with EVSmartcloud Pvt. Ltd., you may use the EVSmartcloud (Registered trademark of EVSmartcloud Pvt. Ltd.) Mobile Application and website https://evsmart.cloud/, the electric vehicle charging stations which are on EVSmartcloud’s network, and purchase any other related products or services offered by EVSmartcloud including other services which may be introduced in the future (collectively called as, “Services” herein). Note: For the sake of convenience, EVSmartcloud, the registered trademark of EVSmartcloud Pvt. Ltd will be used throughout this agreement for the sake of simplicity.
Please read this EVSmartcloud Account Agreement carefully. For accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement. Note: If you do not agree to all the terms and conditions of this agreement, then you may not access or use our Service.
If you are submitting an EVSmartcloud Account Application in connection with an offer or program (“Program”) offered by EVSmartcloud in conjunction with one of its partners, you acknowledge and agree that any additional program-specific terms and conditions made available to you shall apply to your participation in such Program (“Program Terms”). To the extent there is a conflict between this Agreement and any Program Terms, the Program Terms shall control as it relates to your participation in the Program.
In case you are an employee/resident of any organization/housing apartment society to which we have extended our Services, your profile will be common for availing the Services. All information shown to you as a private user including your profile information, charger-related information and payment mechanism information will be controlled by the corporate/society admin user of your organization/housing apartment society, and EVSmartcloud shall not be responsible for any information shown on the EVSmartcloud Mobile App.
By entering into this Agreement, you agree to pay all the fees (“Session Fees”) for access to a charging session initiated by you, remotely by a customer service agent at your request or using an application embedded in any smartphone or similar technology.
You further agree to use your EVSmartcloud Mobile App solely in accordance with instructions provided to you by EVSmartcloud and in compliance with all applicable laws and regulations, as well as any policies and rules of the owner of the EVSmartcloud Enabled Charging Station and/or the owner of the property on which the EVSmartcloud Enabled Charging Station is located.
You shall promptly update online any changes to your name, email address, mailing address, PIN Code, GSTIN details, telephone number and payment gateway-related information when that new information is first known. You remain liable for all Session Fees billed to your account until you have notified EVSmartcloud Customer Service of any changes in your account until you have canceled your account.
If you wish to submit a complaint regarding a particular transaction charged to your EVSmartcloud Account, you shall notify EVSmartcloud within 7 days of the date of the transaction by writing to us at info@evsmart.cloud. The complaint shall clearly indicate the type of error in the transaction. Complaints regarding incorrect charging costs are processed and determined by EVSmartcloud. If and when a complaint is accepted, EVSmartcloud shall compensate you for the amount without delay. If the complaint is rejected, EVSmartcloud will inform you of the result within 90 days from the receipt of the written complaint.
EVSmartcloud Mobile Application may be used to pay Session Fees on any publicly accessible EVSmartcloud Enabled Charging Stations, and on any private EVSmartcloud Enabled Charging Station you are allowed to use. Using EVSmartcloud Mobile Application for payment of Session Fees, a record of your transaction will be created. Session Fees will be charged to your account in accordance with the price configured as per the actual consumption which may be different from the estimated amount informed through the EVSmartcloud Mobile App. It is your responsibility to be aware of the price charged for access to the applicable EVSmartcloud Enabled Charging Station. For availing the Services, you shall select one of the payment mechanisms offered by EVSmartcloud. You shall be providing appropriate payment information to enable EVSmartcloud to receive the due amount against the Transaction and create a valid invoice for the Transaction. You shall be depositing from time to time prepaid amounts towards your account balance and the Session Fees associated with your charging session will be deducted from that balance. You authorize EVSmartcloud to, from time to time, deduct amounts payable towards Session Fees from your account. You shall ensure that the registered payment mechanism is valid and that it has a sufficient balance. In case payment cannot be processed and the balance in your account cannot be deducted, we reserve the right to close your EVSmartcloud Account. EVSmartcloud further has the right to require payment directly from you in case of any negative account balance. You may opt to use the EVSmartcloud Account, to pay for the Services. Any money deposited in the EVSmartcloud Account will be non-refundable, non-transferable, and may only be used to pay for the Services.
If a mobile phone with EVSmartcloud Mobile Application installed is lost or stolen, please report such loss or event online, immediately, or, if you do not have access to the internet, inform EVSmartcloud Service immediately (see contact information at the end of this document). You remain liable for all Session Fees initiated through the EVSmartcloud Mobile Application until such notification.
Your EVSmartcloud Mobile Application usage is subject to the terms of the EVSmartcloud Privacy Policy. You are responsible for all use of the EVSmartcloud Mobile Application/webpage under your username. You agree that, while EVSmartcloud has attempted to provide accurate information on the EVSmartcloud Mobile Application/webpage, such information may change frequently and in no event will EVSmartcloud be responsible for the accuracy, usefulness, or completeness of any information, materials, or other content on the EVSmartcloud Mobile Application/webpage, or that any such information, materials, or other content is the most up-to-date.
EVSmartcloud uses all reasonable efforts to ensure that the availability of EVSmartcloud Enabled Charging Stations can accurately be tracked in EVSmartcloud Mobile Application/website but cannot guarantee or assure that the charging stations will be available for the provision of Services at any given point of time, and expressly disclaim any warranty of availability of the EVSmartcloud Enabled Charging Stations at any point of time as displayed in the EVSmartcloud Mobile Application/website. Either Party may terminate this Agreement at any time without assigning any reason. Following any termination, you remain responsible for payments owed under this Agreement. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fines, or penalties, and you may be subject to collection actions for any unpaid balance.
EVSmartcloud reserves the right to update, change or replace the terms and conditions of service of this Agreement at any time by providing either notification on the website/app OR written notice to you, which, for these purposes, shall include an email sent to the email address you have on record with EVSmartcloud (Hence, it’s your responsibility that your profile information is up to date). You agree that all changes become applicable to you when you use EVSmartcloud Mobile Application after that date. However, it’s your responsibility also to check these terms and conditions from time to time.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE EVSMARTCLOUD ENABLED CHARGING STATIONS AND THE EVSMARTCLOUD MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EVSMARTCLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EVSmartcloud Mobile Application may provide an option of advance booking on some EVSmartcloud Enabled Charging Stations (“Booking Feature”). For booking any charging station in advance, a booking fee (“Booking Fee”) is payable from your selected payment mechanism. The Booking Fee paid by you is non-refundable and non-transferable and can be applied only on the EVSmartcloud Enabled Charging Station selected at the time of booking and only for the time period for which the booking is made (“Booking Slot”). Please note that charging at your selected EVSmartcloud Enabled Charging Station will auto-stop 5 minutes before the end of your Booking Slot, or before the end of the last Booking Slot in case you have booked multiple consecutive Booking Slots, to allow you time to disconnect your electric vehicle and egress from the charging station before the next Booking Slot.
EVSmartcloud makes all reasonable efforts to ensure that EVSmartcloud Enabled Charging Stations are available for charging during the Booking Slot(s), however, there may be unforeseen events beyond our control which affect the availability of EVSmartcloud Enabled Charging Stations during the Booking Slot. EVSmartcloud hence, reserves the right to cancel any advance booking at any time before or during the Booked Slot without assigning a reason for the same. EVSmartcloud shall not be responsible for any losses incurred by you due to a booking being canceled or for the EVSmartcloud Enabled Charging Station not being available for charging during the Booked Slot(s) due to any reason. If a booking is canceled by EVSmartcloud or your selected EVSmartcloud Enabled Charging Station is unavailable for the Booking Slot or any part thereof, EVSmartcloud will refund the Booking Fee in full or partially, as may be applicable, upon receipt of an application with valid accompanying documentary/photographic evidence from you. EVSmartcloud will respond to any refund request made within 90 days from the date of the request.
You agree to indemnify, protect, and hold harmless EVSmartcloud and its directors, officers, employees, agents, and distributors, and Program Partners and entities on whose premises the EVSmartcloud Enabled Charging Stations are installed, and their respective directors, officers, employees, and agents (collectively, the “Indemnified Parties”) from all liability for any loss, damage, or claim arising from or related to your misuse or misapplication of the Services, damage to the charging station, or damage to the charging station premises, or otherwise for any breach of the terms of this Agreement.
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To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnified Parties from all loss, damage, or injury whatsoever, known or unknown, whether arising in tort or contract or otherwise arising out of or in any manner connected with the Services, including the use of the EVSmartcloud Enabled Charging Stations. You agree that none of the Indemnified Parties will incur any obligation or liability for any such loss, damage, or injury to the maximum extent allowable by law.
This Agreement is to be construed according to the laws of India. You agree that any dispute over privacy or the terms contained in this privacy policy will be governed by the laws of India and all disputes arising out of or in connection with this Agreement shall be finally settled by arbitration to be held in Bangalore, Karnataka (India).
Contact Information: If you have any questions, please contact us at:
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Email: info@evsmart.cloud
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Phone: 6366331112