Terms and Conditions

These Terms and Conditions constitute a binding legal agreement between each end user (hereinafter "you" or “your” or “Customer”) and Igreenvolt Private Limited, a company incorporated in India having its registered office at C-87, Vibhuti Khand, Gomti Nagar, Lucknow - 226010, Uttar Pradesh, India ("iGreenVOLT"), and are applicable each time you access or use iGreenVOLT mobile application (“iGreenVOLT App”). iGreenVOLT App is owned and operated by iGreenVOLT.

You should therefore read carefully the following terms and conditions ("Agreement") as it governs your use and access of iGreenVOLT App. If you do not agree with this Agreement, you are not granted permission to access or otherwise use iGreenVOLT App or any component thereof. By visiting and/or using any of the Services on ME App or by clicking or tapping the acceptance button upon signing up for an account on iGreenVOLT App, you hereby accept to be bound by this Agreement without any reservations, modifications, additions or deletions.

1. Definitions:

o “Agreement” shall mean these terms and conditions for iGreenVOLT mobile application namely iGreenVOLT App;

o “Charge Card” shall mean and include the physical Charge Card or RFID tag;

o “Charging Stations” shall mean an electric vehicle charging unit where you may charge your electric vehicle;

o “Charging Session” shall mean the duration between the start and stop of charging an electric vehicle at the Charging Stations;

o “Device” refers to the handheld or tablet device, which is capable of accessing the iGreenVOLT App;

o “E-Wallet” shall mean a pre-paid account used to store money and transact online on the iGreenVOLT App, which shall be used to make payments;

o “Charging Fees” shall mean the fees charged during each applicable Charging Session, which shall be reflected on the iGreenVOLT App;

o “Payment Facilitator” shall mean the third-party payment processor/facilitator namely Razorpay or any other facilitator decided by iGreenVOLT from time to time;

o “Promotional Credits” shall mean any referral bonus, cash-back offers or any other form of credits provided by iGreenVOLT to the Customer.

o “Services” shall mean the facilitation of charging service of electric vehicle by iGreenVOLT through the iGreenVOLT App and all other services offered by iGreenVOLT through the iGreenVOLT App;

o “Website” shall mean iGreenVOLT websites namely www.iGreenVOLT.com;

2. iGreenVOLT Services:

o iGreenVOLT offers its Services to the customers at the Charging Stations either owned by iGreenVOLT or by a third party and Charging Stations are linked to iGreenVOLT's network of Charging Stations.

o The provisions of this Agreement govern your use and access of the Service including use of iGreenVOLT’s Charge Card and Charging Stations and all ancillary services availed by you through iGreenVOLT's network.

o iGreenVOLT grants to you a non-exclusive, non-transferable, revocable limited right and license to download, install and use iGreenVOLT App solely and exclusively for your personal use and on your own Device.

o The Charging Stations on iGreenVOLT’s network can be viewed on the iGreenVOLT App. iGreenVOLT App is available on iOS and Android stores.

o You shall register only electric vehicles on iGreenVOLT App. Any attempt to register any other kind of vehicles may result in cancellation or suspension of your account either temporarily or permanently.

3. Registration:

o iGreenVOLT App is a one-stop shop for you for charging your electric vehicles.

o You can register on iGreenVOLT App by registering your mobile number and validating with a One Time Password sent on the mobile phone. You acknowledge and accept that each mobile number shall be registered separately and shall be a single account.

o Mobile number is the key to use and access iGreenVOLT App including network of all the iGreenVOLT’s Charging Stations across India.

o You are required to enter your valid email address to communicate with iGreenVOLT’s support team and also for receiving or sending important correspondence/s.

o You shall fill out your delivery address details as correctly as possible to receive the Charge Card and after payment applicable charges.

4. Payment:

o You have to recharge your E-Wallet in advance for using iGreenVOLT Services. In order to recharge iGreenVOLT E-Wallet, you will be required to enter the following information which includes but may not be limited to your credit/debit card details and the One Time Password received by you on your mobile number registered with your bank.

o iGreenVOLT makes use of Payment Facilitator payment gateway for recharging your E-Wallet. IGreenVOLT and Payment Facilitator are unaffiliated companies and iGreenVOLT has no influence on the operations of the Payment Facilitator. IGreenVOLT and its affiliates, group entities, legal representatives and 3 permitted assignees shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of the Payment Facilitator.

o IGreenVOLT shall bear the transaction cost of Payment Facilitator and you will be credited 100% of the amount in your E-Wallet.

o You can also use iGreenVOLT App to start and stop a Charging Session depending upon the charger make and model. You may additionally use the Charge Card to start and stop a Charging Session.

o You shall provide your correct contact address to ship the Charge Card. IGreenVOLT shall not be liable for any refund or damage or loss caused due to wrong or incomplete address details provided by you for shipment of Charge Card.

o You must activate the Charge Card on iGreenVOLT App to confirm that you have received the Charge Card. Once the Charge Card is activated on iGreenVOLT App, then only you will be able to use the Charge Card for availing the Services.

o iGreenVOLT has the right to indefinitely suspend your iGreenVOLT account if the conditions of this Agreement or for payment are not met as mentioned herein.

o Use of the Services in the form of charging session and transaction history is stored on iGreenVOLT App . The charging history provides the basis for the actual cost you have paid for availing the Services on iGreenVOLT App. iGreenVOLT App can also be used to see your recent transactions for upto 3 (three) months. For historical transactions, you must reach out to iGreenVOLT customer support at support@igreenvolt.com.

o During the Charging Session, on account external factors not in control of iGreenVOLT it is possible that the Services may be disrupted in which case, iGreenVOLT shall not be responsible.

5. Charge Card:

o To access the Services and to use iGreenVOLT's network of Charging Stations, a Charge Card may be required. The Charge Card is obtained by placing a written request for a physical card on iGreenVOLT App.

o IGreenVOLT reserves the right to refuse issuance of the Charge Card at any point of time.

o The Charge Card can only be used to start Charging on iGreenVOLT network Charging Stations. The network, of Charging Station is visible on iGreenVOLT App.

o The cost of each respective Charging Session is recorded on the Charge Card. Using the Charge Card for Service is regarded as recognition of the Charging Session and the conclusion of contract for the purchase of the Services between the Customer and connected to Charging Station owners on iGreenVOLT.

o The Charge Card is valuable and it is at the Customer's sole responsibility to store the Charge Card in a safe manner so that unauthorized persons cannot access or use it. If the Charge Card is lost or stolen, the holder of the Charge Card should promptly contact iGreenVOLT on +91 11 41133888 or support@igreenvolt.com. The holder of the Charge Card has the option to deactivate the Charge Card on the iGreenVOLT App. In case of lost or stolen Charge card Customer is responsible block the Charge Card from the iGreenVOLT App and apply for replacement Charge Card with an additional cost. Customer must maintain the minimum balance in the E-Wallet to ensure that the cost of the replacement Charge Card can be deducted. No replacement Charge Card will be issued if the Customer does not have the required minimum balance in the E-Wallet. Customer must update his/her address on iGreenVOLT App. If unauthorised transactions have been made with the Charge Card, the Customer shall lodge an official complaint with the police. IGreenVOLT is not liable and shall not be responsible for any unauthorized use or misuse of his/ her Chargecard.

6. Equipment and iGreenVOLT's Charging Stations:

o The charging speed of chargers is dependent on several factors such as the technical specifications of the electric vehicle, weather, the vehicle battery charge level capacity and the Charging Station, of which the component with the lowest capacity will be decisive for the effect the electric vehicle can assimilate. IGreenVOLT cannot guarantee that the charging of an electric vehicle will be implemented within a maximum validity period or with minimum impact.

o Instructions on how iGreenVOLT's Charging Stations are to be used can be found at the Charging Stations or on iGreenVOLT App.

7. Charging Fees:

IGreenVOLT App and/or the user interface of the Charging Station/s shall display the Charging Fees charged during each applicable Charging Session. By using the Payment Facilitator at a Charging Station, you agree to pay the Charging Fees disclosed through the iGreenVOLT App or at the Charging Station.

8. Availability:

o Except for scheduled maintenance and downtimes, the iGreenVOLT Services is available for Customers around the clock, but in practice the ability to recharge is limited due to certain reasons including but not limited some Charging Stations not being accessible at certain times due to specific restrictions. IGreenVOLT shall not be liable for any Charging Station being inaccessible or unavailable due to any circumstances which are not in control of iGreenVOLT.

o The current availability of iGreenVOLT’s Charging Stations is communicated/ visible on or iGreenVOLT App.

o IGreenVOLT strives to make sure that the Charging Stations in iGreenVOLT’s network should be as operational as possible. If a Charging Station is affected by a malfunction, iGreenVOLT will fix the error as soon as possible. Unavailable or unusable Charging Stations will be marked on iGreenVOLT App.

o IGreenVOLT reserves the right, without compensation or any liability to the Customer, to modify, restrict access to, or suspend the Services or Charging Station, for example, for updates, maintenance and error correction or by force-majeure circumstances outside iGreenVOLT’s control.

9. Consumption and data:

o IGreenVOLT will save the charging history for each Customer (which includes, for example, information on the Charging Station used, the utilised electricity, the amount and time of use of the Services). Customer personal data will be processed in accordance with the applicable data protection laws and with the provisions stated in IGreenVOLT’s privacy policy available on its iGreenVOLT app.

o The Customer agrees that the data associated with the Customer's use of the Services and Charging Stations will be processed and stored by iGreenVOLT, other group companies or iGreenVOLT's partner in accordance with applicable legislation, and by third party vendors to the extent it is needed for the administration and performance of the contract with the Customer and related services. The data collected will also be addressed in connection with business and product development, statistics, marketing and Customer analysis and direct marketing (provided that the Customer has not announced that they oppose direct marketing from iGreenVOLT by providing the complaint on the Website).

o The Customer agrees that the collected data about the Customer will be processed for purposes such as product development, statistics, marketing and customer analysis as well as direct marketing provided the Customer has not reported to iGreenVOLT that he or she opposes direct marketing. This processing of data is founded on iGreenVOLT's legitimate interest. Data that is collected is saved during the time the Customer has a valid agreement with us and during the period necessary to govern the Customer's final contractual relationship with iGreenVOLT or legal requirements.

o Customer shall indemnify iGreenVOLT against any claim by any third-party individual whose personal data is recorded or processed by Customer or for which Customer is responsible pursuant to the applicable laws, a data processing agreement or otherwise, unless Customer is able to demonstrate that the acts that form the basis of the claim are exclusively attributable to a default of iGreenVOLT. Customer is solely responsible for and iGreenVOLT has no responsibility to Customer or any third party for the Customer data. IGreenVOLT has no obligation to monitor Customer data, but iGreenVOLT has the right at all time, to remove Customer data which infringes applicable laws and/or this Agreement.

o Customer shall take all appropriate steps to back-up or otherwise secure or protect its data. In case of loss or corruption of Customer data, iGreenVOLT is only obliged to undertake reasonable efforts to perform a restoration based on the most recent available back-up. Under no circumstances is iGreenVOLT obliged to reconstruct Customer data.

o Customer acknowledges and accepts that iGreenVOLT has the right to share Customer data with third parties in order to perform the Services, as well as the right to use Customer data for improving its Services, including anonymized statistical purpose.

10. Service Warranty; Disclaimer:

o IGreenVOLT warrants that the Services, will be performed substantially in accordance with iGreenVOLT policies and iGreenVOLT will undertake reasonable efforts to provide such Services.

o To the maximum extent permitted under applicable laws, your use and/or access of the iGreenVOLT App or Services is at your sole risk. The Services on iGreenVOLT App are provided on an “as is” and “as 6 available” basis. IGreenVOLT expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement. IGreenVOLT makes no warranty that (i) the Services will meet your requirements or expectations, or (ii) the operation of the Services will be uninterrupted, timely, secure, or error- free.

o iGreenVOLT is not responsible for any damage due to lack of compatibility between the Customer's electric vehicle and Charging Station or use of the Services or Charging station by the Customer in violation of the current applicable instructions and technical requirements, as set in this Agreement or as iGreenVOLT otherwise makes available to the Customer.

o IGreenVOLT is not responsible for incidental or consequential damages, attributable and arising from, the Customer's property and Customer's use of the Services or Charging Station.

o The Customer is not entitled to damages due to a Charging Station being closed or out of order.

o The Customer is responsible for compliance of all guidelines and requirements in accordance with the instructions given by iGreenVOLT from time to time. This includes responsibility for the electric vehicle the Customer is using, in connection with the Services.

o The Customer is also responsible for the Charge Card not being used or misused by unauthorised persons.

o IGreenVOLT reserves the right to immediately block the Charge Card if the Charge Card is abused or if there is a risk of unsafe use of the Charge Card or on suspicion of unauthorised use or risk to the Customer.

11. Limitation of Liability:

o In no event shall iGreenVOLT be liable to Customer including its employees, affiliates, representatives, directors, etc. or any third party for any loss of use, revenue or profit or diminution in value, or for any consequential, indirect, incidental, special, exemplary, or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damages were foreseeable and whether or not iGreenVOLT has been advised of the possibility of such damages. IGreenVOLT shall not be liable for any loss or damage or claim on account of personal injury or damage to any third party’s property.

o In no event shall iGreenVOLT’s aggregate liability arising out of or related to the Agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the total of the amounts received by iGreenVOLT for the Services performed hereunder in the 1 (one) months, preceding the events giving rise to the claim.

12. Injunctive relief:

Customer acknowledges that any breach, threatened or actual, of this Agreement, will cause irreparable injury to iGreenVOLT, such injury would not be quantifiable in monetary damages, and iGreenVOLT would not have an adequate remedy at law. Customer therefore agrees that iGreenVOLT shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate 7 equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provisions of this Agreement.

13. Indemnification:

You shall indemnify, defend and hold harmless iGreenVOLT and its affiliates and any of their officers, directors, employees, agents, service providers and other consultants (collectively, the “Indemnified Parties”) against any claim or loss, cost, damage, injury or expense (including attorneys’ fees, costs and expenses) and other liabilities arising out of any claims, demands, suits, or causes of action by third parties arising out of or in connection with: (i) your use or access of iGreenVOLT App; (ii) your violation or breach of this Agreement; (ii) any loss or damage or claim on account of personal injury or damage caused to any third party’s persons property due to you misuse of iGreenVOLT Services or iGreenVOLT App; (iv) act of negligence or misconduct.

14. Assignment:

o The Customer acknowledges that iGreenVOLT may assign or otherwise transfer its rights or obligations under this Agreement to third party including another company within the same group or to another party that can reasonably be expected to fulfil the obligations as mentioned hereunder.

o The Customer is not entitled to transfer, assign its rights or obligations, wholly or partially under this Agreement. Any purported assignment in violation of this clause shall be null and void.

15. Restrictions:

1. In connection with your use of the Services or in the course of your interactions with iGreenVOLT, other users, or third parties, you will not:

§ commit a breach of this Agreement, or any other agreement or policy that you have agreed to with iGreenVOLT;

§ violate any applicable law or regulation;

§ infringe or attempt to misuse iGreenVOLT’s or any third-party’s copyright, patent, trademark, trade secret or other intellectual property rights, or rights of publicity or privacy;

§ act in a manner that is defamatory, trade libelous, threatening or harassing;

§ provide false, inaccurate or misleading information.

16. Validity:

This Agreement shall be valid indefinitely. iGreenVOLT may terminate your use or access to all or any part of the iGreenVOLT App at any time, with or without cause, with or without notice, effective immediately. iGreenVOLT shall also have the right to terminate your use or access to all or any part of the iGreenVOLT App with immediate effect if you violate any of the terms or uses the Services or a Charging Station in breach of terms of this Agreement or in such a way that harm or damage occurs to iGreenVOLT.

17. Amendment:

iGreenVOLT has the right to change/update the terms of this Agreement from time to time. You will be informed about such updates/changes through iGreenVOLT notifications. Your continued use or access 8 of iGreenVOLT App after such updates/changes conclusively demonstrates your confirmation and acceptance of such updates/changes.

18. Governing Law and Jurisdiction:

o This Agreement be governed by and interpreted in accordance with the laws of India, without regard to the choice or conflicts of law provisions of any jurisdiction. The Customer agrees that, in the event of any dispute arising in relation this Agreement whether in contract or tort or otherwise, to submit the same to the exclusive jurisdiction of the courts located at Pune, India for the resolutions of all such disputes, subject to the Arbitration clause below.

o If any dispute or difference shall arise at any time between the Parties hereto for or in connection of any clause thereof, then the Parties shall use their best endeavors to amicably settle the same. If any dispute continues between the Parties and the Parties fails to reach an amicable settlement within 30 (thirty) days from the date of a written notification addressed by either Party, inter alia, with the validity, termination or effects of this Agreement or any terms or conditions to this effect, such dispute shall be referred to arbitration of the sole arbitrator to be appointed mutually by the Parties. The Arbitration shall be governed by and conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted in English and the arbitration shall take place at Pune. The arbitral award shall be final and binding upon both Parties.

19. Force Majeure:

IGreenVOLT shall not be liable for any failure to fulfill the Agreement or any term or condition of the Agreement if fulfillment has been delayed, hindered or prevented by circumstances beyond its reasonable control including but not limited to pandemic, fire, explosion, flood, tempest, unusually adverse weather conditions, failure or shortage of power supplies, network failure, fault or failure of machinery, war, hostilities, riot, acts of terrorism, strikes, lock-outs or other industrial action or trade dispute (“a Force Majeure Event”).

20. Severability:

If a court of competent jurisdiction finds any provision of this Agreement, or portion thereof to be unenforceable, that provision of this Agreement will be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the remainder of this Agreement shall continue in full force and effect. The invalidity or unenforceability of any provisions of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement in such jurisdiction or the validity, legality or enforceability of this Agreement, including any such provision, in any other jurisdiction, it being intended that all rights and obligations of the Parties hereunder shall be enforceable to the fullest extent permitted by law.

21. Order of Precedence:

In the event of any conflict, contradiction, or ambiguity between this Agreement or any other terms and conditions of iGreenVOLT, then this Agreement shall prevail in respect of such conflict, contradiction, or ambiguity in relation to the iGreenVOLT App.

22. Survival:

Notwithstanding anything contrary contained herein, the rights and obligations which have accrued at the time of expiration of this Agreement shall survive the expiry of this Agreement and any provisions hereof which, by their nature, are intended to survive this Agreement, will so survive.