1. INTRODUCTION:

The following Terms and Conditions of User (T&C) apply to Users who access and use the Website and/or App in utilising the Services provided by Evnnovator Technology Private Limited (“Evnnovator”).

The FICH Application is developed and is owned by Evnnovator that acts as an e-mobility service provider cum aggregator in providing E-mobility charging solutions and related services by connecting owners of Electric Vehicles and providing them with access to the Equipment provided by Charge Point Operators to enable them to charge such Electric Vehicles and other related services as made available on the App (the “Services”).

Access to avail the Services through the App shall be subject to the acceptance and compliance of these T&C and the Privacy Policy  that can be found here https://evnnovator.in/privacy-policy/ along with such other terms and conditions which may be applicable in availing the Services (collectively referred to as the “Terms”).   The User further accepts and agrees that the Terms shall form a legal and binding contract (“the User Agreement”) between the User and Evnnovator with regard to the Services under the App.

Any use and access of the App in violation of any applicable laws; or in contravention to the Terms shall deemed to be a breach of the Terms and will entitle Evnnovator to immediately terminate access to the App, suspend your Account and terminate all other Services provided by Evnnovator. Evnnovator shall further be entitled to cancel and terminate all such Services without any liability whatsoever.

The User is required to keep himself updated of the latest Terms from the time, which shall be made available upon each update in the Website and the App. You agree that any continued access of the Services and the App shall be deemed to be an acceptance of all the amended Terms.

2. DEFINITIONS:

The capitalized terms used under this User Agreement/ T&Cs shall unless and until defined elsewhere in the Terms mean the following:

1. Account: shall mean the Account created and set up by the User or by Evnnovator (when being set up for a corporate entity) in accordance with the Terms while signing up to use the App, that provides access to the App and the Services;
2. App: shall mean the FICH App, FICH App for Corporate and Fleet and such other applications made available by Evnnovator on the various operating systems and platforms that host and make available applications that can be downloaded on the User’s mobile phone;
3. Charge Point Operators (CPO): shall mean and include such third party charge point operators who provide the Services in collaboration with Evnnovator and who have installed the Equipment in various locations in India to provide the access to the owner of the EV to charge the EV; and has further signed up to make such Equipment available on the App for use by the EV owner;
4. Charging Station: shall mean the location in which the Equipment is installed by the CPO for use by the Registered Users of the App;
5. Confidential Information: shall mean and include but is not limited to, all information that is technical, and commercial concerning the business model, financial data, systems, software, services, documents, prototypes, samples, media, code, trade secrets, know-how, proprietary information, marketing plans, financial and operational information, and all other non-public information, material or data relating to the current and/ or future business and operations of Evnnovator and the App, its partners and affiliates, along with any analysis, compilations, studies, summaries, extracts or other documentation whether in written or oral form, provided or made available by Evnnovator or a third party Person on behalf of Evnnovator to the User pursuant to access or use of the App and Website or the Services; or any other information which may come to the knowledge of the User, whether or not marked as Confidential Information;
6. Date of Termination: shall mean the date on which the User Agreement is terminated in accordance with the Terms;
7. Evnnovator: shall mean Evnnovator Technology Private Limited that is incorporated under the laws of India, having its registered of office at L-148, 5th Main Road, Sector 6, HSR Layout Bangalore 560102 and its representatives, officers, successors and assignees.
8. EV/ Electric Vehicle: shall mean and include any electric vehicle that is roadworthy and permitted to avail the Services and Equipment of the CPO and/or under the App;
9. Equipment: Shall mean and include such equipment that has been installed by the various CPOs and have an understanding with Evnnovator in providing the Services;
10. Intellectual Property: shall mean and include all patents, copyrights, trademarks, logos, brand names, designs and artistic creations and all information, ideas, technology, software, Products; inventions, improvements and discoveries, trade secrets, data and know-how and similar rights of any type, whether or not capable of being registered.
11. “Person” shall mean and include any individual, association, corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company or other entity or organization, including a government or political sub-division, or agency or instrumentality thereof and/or any other legal entity recognized as such under the applicable laws of the territory in which it is incorporated.
12. “Website” shall mean the following websites run and operated by Evnnovator – www.evnnovator.in and www.fich.digital
13. The singular includes the plural and vice versa, and words importing a gender include other genders.

3. CREATION OF ACCOUNT:

1. You/ the User shall be required to submit certain information (including certain personal information) to open an Account to access and use the Services provided under the App. Failure to provide certain information; and/or providing false information will entitle Evnnovator to restrict and/deny in totality the Services.
2. The User shall be solely liable for any consequences (irrespective of whether or not they may cause any damage or loss) arising out of the submission of false/ incorrect/ misleading information for any reason whatsoever.
3. The User further agrees that he/she shall open an account only for his/her personal use. Any account being opened on behalf of any corporate entity shall be required to be done so after contacting the administrator of Evnnovator at –  fich.support@evnnovator.in.
4. Access of the Account and use of the App shall solely be through the permissible platforms and operating systems for which the App has been published by Evnnovator.
5. Any unauthorised use or access of the Account or breach thereof shall immediately be flagged and informed to Evnnovator. Failure to immediately report the same shall make the User solely liable for any losses arising thereto.
6. The User shall further keep confidential any and all confidential information and activities undertaken while using the App. Any disclosure of the use of the App shall be permissible only after obtaining the confirmation from Evnnovator.

4. USE OF THE APP AND SERVICES:

1. The User shall use the App to avail the Services in accordance with the instructions available for the use of the App in the App itself and the Website of Evnnovator. Regular updates to the App shall be made from time to time to provide a smooth and enjoyable experience while availing the Services.
2. The User shall further be required to make certain updates to the Settings of the Mobile Phone or such other device on which the App is being used, failing which the User may not enjoy the Services to the best of the desired extent.
3. The User is aware of the risks that are involved in using the Equipment installed by the CPOs and is further aware of the limited role of Evnnovator in providing the Services merely as an aggregator and roaming / interoperability service provider.

5. PAYMENT:

1. Depending on the type of Service selected and the Equipment being used, the User may either be provided with: a) an advance intimation and estimate of the Fees for accessing and using the Equipment and for using the App; or b) the fees incurred for accessing and using the Equipment and for using the App after the Services have been utilised.
2. Such sum will then have to be paid by the User through the various payment options included in the App that would normally include payments through third party gateways; pre-paid e-commerce payment wallets; direct payments through debit/ credit cards; online banking systems with integration from banks.
3. In the event of using the closed wallet being offered by Evnnovator (that is being handled by third party payment gateway service providers), the User will have to maintain a minimum balance amount of INR 150/- (Rupees One Hundred and Fifty Only) at all times.
4. The estimate provided by Evnnovator may not include additional fees such as an additional fee/ parking fee etc., from the CPO or an additional service fee from Evnnovator.
5. The User agrees that some payment methods may not always be available during all times, in which case, the User will have to choose an alternative method. Failure to pay the sums due after utilising the Services shall entitle Evnnovator to block access to the App and further claim all such dues including interest, damages, and penalty under law.
6. Use of a Credit/ Debit Card will require the User to always provide the correct information pertaining to the card, cardholder’s name, expiry date, CVV etc., in order to make the payment. The User agrees that he shall not use the cards of any other third party and shall further be solely responsible for the correctness of the information provided and payments made thereto.
7. The App may also be linked to certain third party secure payment gateways which may require the User to input additional information as may be required by such payment gateway. The User is aware and agrees that all such third party gateways and payment options shall be governed by their own policies, terms and conditions and Evnnovator shall not be liable for any breaches caused thereto. Evnnovator shall further not be liable or responsible for any claims or losses that may occur on such third party sites.

6. REFUND:

1. Any transaction that results in an erroneous transaction should be brought to the immediate attention of Evnnovator.
2. Upon such written communications being received, Evnnovator shall assist the User in identifying the reason for the erroneous transaction and thereafter refund the excess amount paid within a period of 60 days thereafter.
3. The decision of Evnnovator in determining the refund and quantum thereof shall be final.
4. It being clarified and agreed that Evnnovator shall under no circumstances be liable to pay any interest on any sum to be refunded.
5. Failure to intimate Evnnovator within 72 hours from the time of the transaction of any such erroneous transaction shall not entitle the User to any refund whatsoever.

7. CONFIDENTIALITY:

1. The User agrees that he shall not disclose any Confidential Information or part thereof to any third party Person without the prior written consent of Evnnovator under any circumstances whatsoever.
2. The User further agrees that no Confidential Information that is obtained from using the App either directly or indirectly shall in any way or manner be reproduced, copied, accessed, downloaded either partly or completely for any purpose whatsoever.
3. Any violation of these terms shall be treated as a material breach of the User Agreement rendering Evnnovator to immediately terminate the access to the App and further seek such relief under law including but not limited to seeking relief in the form of an injunctive relief, damages etc.,
4. The User further agrees that upon the termination of the User Agreement, he shall not retain any Confidential Information that he may have come across during the term of accessing the Services.
5. The obligations set forth in this clause shall survive the termination of the User Agreement for any reasons whatsoever.

8. USE OF INFORMATION:
   
   Evnnovator shall be entitled to use the information of the User in accordance with the Privacy Policy that can be accessed here. https://evnnovator.in/privacy-policy/

9. DOWNTIME IN USE OF APP:

1. Evnnovator may from time to time conduct maintenance related activities for the smooth functioning of the App, during which the App may not be available for use by the User.
2. Evnnovator shall further endure to intimate the Users of any such downtimes in advance.
3. Any refund related issues arising out of utilising the Services during such downtime shall be dealt with in accordance with Clause VI above.

10. INTELLECTUAL PROPERTY:

1. All trademarks, logos, wordmarks and service marks pertaining to Evnnovator and/or its partners shall be the sole property of Evnnovator or partners respectively and all rights of any nature whatsoever (whether statutory, common law or otherwise) shall vest with such person alone. Access to the App and Website does not confer upon the User any license or right of any nature to use such logos trademarks, wordmarks and service marks and the User is prohibited from using the same in any manner whatsoever.
2. Any violation of the above terms shall entitle Evnnovator to proceed against the User for the protection of its rights, including (but not limited to) seeking injunctive relief and damages.
3. Evnnovator also owns all the Intellectual Property rights in the listings and databases, layout and design of the App and the Website.
4. Any use by the User of such Intellectual Property (whether during the term of the User Agreement or thereafter) for any reason whatsoever or in any media whatsoever, or any act committed by any User with the intention to violate or facilitating the violation of such Intellectual Property rights shall constitute a violation of the Intellectual Property rights of Evnnovator and Evnnovator shall be entitled to take all action and/or initiate all legal proceedings of any nature in order to protect its rights and prevent further violation thereof, including (but not limited to) damages and injunctive relief.

11. OBLIGATIONS OF THE REGISTERED USERS:
    
    The User agrees that in using the App he shall not:

• allow any other Person to access his Account and use the App;
• use the App and the Services for any unlawful or illegal purpose;
• make any commercial use of the Services or other information on the App either directly or indirectly;
• Contravene any laws of India or any other laws to which the User is subject to while accessing the App/ Website or availing of the Services;
• Violate or attempt to violate the security systems and procedures of Evnnovator and/or the Website;
• gain unauthorized access any non-public information of any other Users or Persons, including (but not limited to) accessing data and information not intended for such Users or logging onto a server or account which the User is not authorized to access;
• Attempt to probe, scan or test the vulnerability of a system, computer resource, server or network or attempting to breach security or authentication measures on the App/ Website;
• Attempt to gain access or gain access to parts of the App/Website to which the User has no right to access by hacking, stealing passwords or otherwise;
• Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the App/ Website or Services;
• Introduce, or transmit any information, software, command or any other material which contains a virus, worm, time bombs, cancelbots, easter eggs or other harmful component into the internet through the App/Website;
• Introduce any material or do any act which would cause the networks, resources, systems or servers of Evnnovator to slow down or multiply traffic on the App/Website or in any other way interfere or hinder the proper functioning of such networks, resources, systems or servers;
• Solicit directly or indirectly any passwords or other personal information of any Users or other Persons for commercial or illegal purposes, or hosting, publishing or submitting information about other Persons without such Person’s consent;
• Do any act that:
  
  1. infringes any patent, trademark, copyright or other proprietary rights;
  2. violates any law for the time being in force;
  3. impersonate another person;
  4. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
     
     The User agrees that in any event that he becomes aware of such violation, the same must immediately be brought to the attention of Evnnovator at fich.support@evnnovator.in with details of all such acts.

• Alter or remove any of the Terms in the App/ Website;
• Copy or reproduce any part of the App/Website for any purpose whatsoever;
• Restrict another User’s access to the App/Website, Services or other enjoyment of the User’s rights;In the event that the User breaches, violates or does not comply with any of the above mentioned covenants, then, without prejudice to any other rights of Evnnovator, Evnnovator shall be entitled to:
• suspend or delete the User’s Account;
• suspend or prohibit the User’s access to the App/ Website;
• terminate the User Agreement without becoming liable to pay any damages;
• proceed against the User for all or any losses or damages caused to it of any nature whatsoever (including loss of business, reputation, goodwill and profit) and to initiate or assist in all legal proceedings of any nature (civil or criminal) against the User;
• Evnnovator shall also be indemnified for all proceedings, losses and damages that may be instituted against or incurred by Evnnovator on account of such a breach.

12. ADVERTISERS:

1. Evnnovator does not endorse in any manner any of the products or services that may be advertised by any third party Person in the App.
2.  Evnnovator shall further not be responsible in any manner for any transactions that the User may undertake with such Advertiser and all such transactions shall be at the risks of the User alone.

13. INDEMNIFICATION:
    
    The User agrees to indemnify and keep indemnified Evnnovator, its partners, associates, employees and licensees from all or any losses, damages, suits, claims, charges, proceedings, actions, demands and costs of any nature whatsoever incurred by such Person on account of any act or omission of the User while accessing the App/ Website or availing the Services or on the commission of a breach of the Terms committed by the User.
    
    Terms and condition with the customers to inter alia include “Neither Mercedes-Benz India Pvt. Ltd or its authorized Dealer shall be liable for any direct/indirect, special, incidental or consequential damages whatsoever, whether in contract, tort (including negligence), strict liability or otherwise, including, but not limited to, loss of use, time or facilities, loss of data, or loss of revenue, performance or non-performance of its respective obligations arising at or out of Charging Stations made available”.
    

14. LIABILITY:

1. The User is aware of and agrees that the App and the Services are an outcome of the products and Equipment of third parties and Evnnovator and the App is merely an aggregator to provide the Services.
2. The information provided on the App is further secured with information provided by the various CPOs and other third parties in the industry.
3. While Evnnovator has taken steps to ensure that all the information available on the App/ Website is correct, it does not guarantee and shall not be responsible for the quality, accuracy or completeness of any data, information, or Services, except as specifically mentioned in the Terms.
4. Evnnovator shall not be responsible for any losses, damages, costs, claims, charges, suits or proceedings of any nature whatsoever (whether direct, indirect, punitive, exemplary, consequential, under tort, or for loss of profit, reputation or goodwill, costs of procuring substitute services, costs on account of loss or unauthorized use or access of information on the App/ Website, third-party actions) arising out of or in connection with the provision of the Services or access of the App/Website by a User for any reason whatsoever. The generality of the foregoing shall not prejudice the specific disclaimers stated elsewhere in the Terms.

15. WARRANTY:

1. The Services provided by Evnnovator are that of a facilitator and aggregator by making available the Equipment installed by various CPOS available on a common platform that can be used for charging the Electric Vehicles of the Users and their related Services.
2. Evnnovator does not take any liability/responsibility whatsoever with respect to any acts or damages that may be caused to the User, the Electric Vehicle or any other Person on account of the use of the Equipment of the CPOs under the App.

16. MODIFICATION OF SERVICES & TERMS:

1. Evnnovator shall be entitled to modify, add, delete, discontinue, amend or change all or any of the Services at its discretion at any time, including the stopping of any Services on the App/ Website. Such addition, deletion, modification, cessation, discontinuance, amendment or change shall take effect with immediate effect.
2. On no account shall Evnnovator be liable in any manner whatsoever for the discontinuation, modification, stoppage, amendment or change to any Service.

17. FORCE MAJEURE:

1. If the performance of Evnnovator or any of its obligations hereunder is prevented, restricted or interfered with by reason of fire, natural calamity, epidemic, pandemic, regional lockdowns, or other casualty of accident, strike or labour disputes, maintenance or failure of any network, computer resource, system or server, failure of the server’s uptime, war or other violence, any law or regulation of any Government, or any act or condition whatsoever beyond its reasonable control (each such occurrence being hereinafter referred to as “Force Majeure”) then Evnnovator shall be excused from such performance to the extent of such prevention, restriction and interference provided, however, that Evnnovator shall give notice (except where such notice is impractical or not possible) to the User of such Force Majeure Event, including a description, reasonably specifying the cause of non-performance hereunder, whenever such causes are removed.

2. In the event that Evnnovator’s performance of any of its obligations hereunder is delayed as a result of a Force Majeure Event, the obligation of Evnnovator to perform such obligation shall stand extended for the term the Force Majeure Event existed. However, in case Evnnovator is unable to perform any material obligations under this Agreement for a continuous period of 180 (one hundred and eighty) days because of any Force Majeure Event, then either of the Parties will have the right to terminate this Agreement effective 30 (thirty) days after the expiration of such 180 (one hundred and eighty) days period from the date the act of Force Majeure has occurred.

18. TERMINATION:

1. Evnnovator may, without notice and at its discretion, and at any time and without giving notice or reasons, terminate the User Agreement with any User and/or restrict a User’s use or access to the App/ Website/ Service (or any part thereof) for the following reasons:

1. If Evnnovator is of the view that the User has violated the Terms in letter or in spirit;
2. If Evnnovator is of the view that it is not in public interest to continue to provide Services to the User or allow access to the App/Website;
3. If the User is declared bankrupt.

2. The above termination shall be without prejudice to all the other rights of Evnnovator.

19. GOVERNING LAW & JURISDICTION:

The Terms and the User Agreement shall be governed by and construed in accordance with the laws of India. All disputes arising out of or in any way connected with these Terms and/or the User Agreement shall be deemed to have arisen at Bangalore, India and the appropriate courts of law in Bangalore shall have exclusive jurisdiction to resolve the same.

20. MISCELLANEOUS:

1. Waiver: Failure to exercise any right under these Terms, in any one or more instances, shall not constitute a waiver of such rights or any other rights in any other instances.
2. Severability: If one or more of the provisions hereof shall be void, invalid, illegal or unenforceable in any respect under any applicable law or decision, the validity, legality, and enforceability of the remaining provisions herein contained shall not be affected or impaired in any way. 
3. Assignment: Evnnovator may assign the User Agreement to any Person without notice to the User. The User shall not be entitled to assign the User Agreement, either fully or in part, with any of its rights and obligations to any other Person without the prior written consent of Evnnovator.
4. Entire Agreement: No oral agreement exists between Evnnovator and the User. The User Agreement shall constitute the entire and exclusive agreement between Evnnovator and the User with respect to the subject matter hereof, and shall supersede and subsume any prior agreements, documents and or communications regarding such subject matter.