Logo
Logo

Intrested in eCharge?
Connect With Us!

Contact Us

  • (+91) 997-273-3111
  • contact@echargeapp.in
  • AUM TECHe No: 45/12, Promenade Villa, Promenade Road, Frazer Town, Bangalore - 560005 India

Terms & Conditions

Terms & Conditions

Terms & Conditions

‘Terms and Conditions of Use’ and ‘Terms and Conditions of Sale’

Welcome to Echarge! 

Echarge provides access to its website (www.Echargeapp.in) and smartphone app (“app”) to You, subject to the conditions set out on this page.

Please read these terms and conditions carefully before downloading/using or browsing the Echarge website/app (“online platform”). By using the Echarge website/app, you signify your consent to be bound by these conditions.

Echarge provides an online platform, which connects Users with Third Party Vendors of electric vehicle charging facilities along with other related goods and services as an intermediary or facilitator only. Apart from providing access to its online platform, Echarge itself does not provide any goods/service to the User, or controls the mode or manner of any provision/performance of any goods or service in any manner, which are provided by Third Party Vendors at their own discretion and responsibility.

Echarge is only an online platform for the User and Third Party Vendors to communicate with each other. No part of this Agreement shall be construed to create a relationship of partnership, agency, master-servant between the Echarge and any Third Party Vendor. Further, the Third Party Vendor is solely responsible for all liability, claims or consequences arising out of the provision of any goods/service by it to any User on the online platform.

The Terms and Conditions of Use is a legal contract between you (whether an individual or legal person), and Echarge (owned and operated by Aum Teche, a sole proprietorship having its office at 45/12 promenade villa, promenade road, Frazer Town, Bangalore – 560005, Karnataka). The Terms and Conditions of Use control and govern the use of the Echarge online platform by you.

The Terms and Conditions of Sale is a legal bipartite contract between you (whether an individual or legal person) and the Third Party Vendor with respect to the purchase/hire/use of any goods and/or services availed through the Echarge online platform from any Third Party Vendor.

This document is an electronic record as under the Information Technology Act, 2000 and the Rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

 

‘Terms and Conditions of Use’ of the Echarge Online Platform

Mere browsing/downloading/access/use of the website/app in any manner will be subject to the terms and conditions provided herein. If you do not agree to any of these terms and conditions, please do not use the website/app. 

When you access any sub-site, webpage, hyperlink (whether belonging to Echarge or otherwise) through this site, then such sub-site may have its own terms and conditions of use which is specific to such sub-site, webpage, hyperlink. The sub-sites, webpage, hyperlink may contain such additional terms and conditions of use as may be set out in such sub-sites, webpage, hyperlink.

In case of non-compliance with the Terms and Conditions of Use by the User, Echarge has the right to terminate the access or usage rights of the users to its online platform immediately or remove non-compliant information or both, as the case may be.

Your Account

      1. Data Collection by third parties: The Echarge Platform may contain links to other websites. Any personal information about you collected whilst visiting such websites is not governed by this Policy. Echarge shall not be responsible for and has no control over the practices and content of any website accessed using the links contained on the Echarge Platform. This Policy shall not apply to any information you may disclose to any of our Third Party Vendors which we do not require you to disclose to us.
      2. Information collected from you 
        1. Cookies: The Echarge platform and Third Party Vendors may use cookies, web beacons,  pixel tags, flash cookies, mobile device IDs, and other similar files or technologies to collect and store information with respect to your use of the Echarge platform and third-party websites. Echarge or its Third Party Vendors may use the same for purposes such as, including but not limited to, authenticating users, determining the popularity of its content, remembering user preference and settings, analysis of advertising campaigns, site traffic, trends, online behaviour, interests of Users. By enabling the acceptance of cookies in your browser settings, you are consenting to our use of cookies in the manner described in this section. We may conduct any analysis of information collected itself or through any other third party.
        2. Device Information: In order to improve your app experience and lend stability to our services to you, we may collect information or employ third party plugins that collect information about the devices you use to access our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information, mobile network information, installed applications on device and phone state. The information collected thus will be disclosed to or collected directly by these plugins and may be used to improve the content and/or functionality of the services offered to you. Analytics companies may use mobile device IDs to track your usage of the Echarge online platform.
        3. Other information: We may also collect other information such as name, age, sex, address, location, e-mail addresses, I.P. address, device information, browser type, language opted for, app crashes, pages viewed, operating system, date and time of online activity, clickstream data, mailing address, landline and mobile phone numbers, dietary preferences, purchase history, transaction history etc. for the purpose of providing better services and targeted advertisements.
        4. Sensitive Personal Information: Echarge does not collect or store any Sensitive Personal Data as defined under Rule 3 of the Rules, of its Users/Customers, namely:- Password, financial information such as Bank account or credit card or debit card or other payment instrument details ; physical, physiological and mental health condition; sexual orientation; medical records and history; Biometric information. 
      3. How we may use your information
        1. To provide a better, more efficient and constantly improving online user experience for you.
        2. For enhancing and maintaining the security of the online platform including but not limited to, for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
        3. To provide you with information about discounts/promotions/products/ goods/ services belonging to Echarge or any affiliate or third party we may assume that you could have an interest in. You consent to be contacted by us by electronic means (e-mail, whatsapp or SMS or telephone) with information about these services;
        4. To better understand your online behaviour on our platform or other website so that we can offer you an improved user experience enabling us to offer you personalized content, targeted advertisements, effectiveness of existing advertising, special offers, customer support, relevant content and features etc.
        5. To generate and review research, reports and data about your online behaviour and usage of our platform.
        6. To allow you to utilize chat bots, artificial intelligence, and interactive features of our online platform.
        7. To track your live location, progress of charging of your electric vehicle, delivery of any goods/service to you, aggregating the nearby charging point locations etc.
        8. We may utilise this information in an aggregated, de-listed, anonymous or de-personalized form in which case such use of such aggregated, de-listed, anonymous or de-personalized information will not be subject to the restrictions contained in this policy.
        9. We may derive monetary benefit out of any information collected from you.
        1. We may share information collected from you with our third party vendors, academic partners, marketing partners, consultants, service providers, research firms, business partners etc. We may also share your information with third parties to send you emails and messages or push notifications to your devices in relation to our Services, to help us analyze and improve the use of our Services, to process and collect payments. We also may use vendors for other projects, such as conducting surveys, competitions, prizes or organizing sweepstakes for us.
        2. With respect to any transaction/order placed by you with any Third Party Vendor on Echarge platform, we may share your information with such Third Party Vendor to facilitate your transaction/order.
        3. We may share any information pertaining to you with any law enforcement agency or any other government or statutory authority as may be required by law.
        4. We may share your information with network advertisers to serve advertisements on the Echarge Platform and on third-party websites or other media (e.g., social networking platforms). These third parties may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. 
        5. Echarge may store all or any of your data with third party cloud data service providers, who may be located outside India.
        1. We utilize appropriate industry standard technical and security measures to secure the information collected by us and use all reasonable security practices. The primary onus of protecting one’s personal/financial information will always lie on the user.
        2. Although we will do our best to protect your personal data, Echarge cannot absolutely guarantee the security of your data transmitted through the Echarge online platform.
        1. When you sign up for an account, you are opting in to receive communications in the form of emails/sms/notifications/whatsapp messages etc from Echarge and its partners.
        2. You can choose to unsubscribe from commercial email messages, but note that you cannot opt out of receiving certain administrative notices, service notices, or legal notices from Echarge. 
        3. If you wish to withdraw your consent for the use and disclosure of your personal information in the manner provided in this Policy or you want your data to be deleted, please write to us at contact@echargeapp.in. Please note that we may take time to process such requests, and your request shall take __ business days from the receipt of such request, after which we will not use your personal data for any processing unless required by us to comply with our legal obligations. We may not be able offer you any or all services or access to the Echarge platform upon such withdrawal of your consent.
    1.  
  2. E-Platform for Communication
    1. You agree, understand and acknowledge that the Echarge online platform enables you to purchase/hire  products or services listed on the website at the price indicated therein at any time from Third Party vendors. You further agree and acknowledge that Echarge is only an intermediary/facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of goods/services (Terms and Conditions of Sale) on the website or app shall be a strictly bipartite contract between you and the Third Party Vendors. Your use of the Echarge platform may be subject to a ‘convenience fee’ as decided by Echarge. 
    2. Echarge does not assume any liability with respect to the availability, quantity, quality, punctuality or cancellation of any goods or service purchased by a User, which shall rest solely with the Third Party Vendor. The Third Party Vendor alone shall be responsible for the performance of any service or sale/supply of any goods to the User, refund of any amount, replacement of any product, fulfilment of any warranty or guarantee etc. 
    3. The Third Party Vendor alone shall be responsible for the conduct of its employees, staff, officials and agents for any act of commission or omission, resulting in any accident, mishap, violation of any law, or any claim arising from the same from any User or any third party. 
    4. The User alone shall be responsible to the Third Party Vendor for payment for any service or sale/supply/hire of any goods. 
    5.  Echarge shall not be responsible for any incidental, indirect, special or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User/beneficiary out of use of any service offered by Echarge, whether such liability arises in tort, contracts, breach of warranty or otherwise.
  3. Access to Echarge
    1. We will do our utmost to ensure that availability of the website and app will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website or app may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
  4. Licence for website access
    1. Subject to your compliance with the applicable terms and conditions, Echarge grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Echarge and / or its affiliates, as may be applicable. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product/service listings, information, design, layout , logo, descriptions, or prices. Any derivative use of this website or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools is prohibited.
    2. This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Echarge.
    3. You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Echarge online platform and its affiliates without its express written consent. You may not use any meta tags or any other “hidden text” utilising Echarge’s or its affiliates’ names or trademarks without the express written consent of Echarge and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Echarge.
    4. You may not use any intellectual property of Echarge or any Third Party Vendor without its express written consent.
  5. Your Conduct
    1. As mandated under Rule 3(1)(b) of the Information and Technology (Intermediary guidelines and Digital media Ethics Code) Rules, 2021 framed under the Information and Technology Act, 2000; You are hereby intimated that you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:-
      1. belongs to another person and to which the user does not have any right;
      2. is defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically, objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force,
      3. is harmful to a child;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. Deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
      7. impersonates another person;
      8. 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 to such other nation;
      9. contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
      10. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
    2. In case of non-compliance with the above conditions, Echarge has the right to terminate the access or usage rights of the users to its online platform immediately or remove non-compliant information or both, as the case may be.
    3. You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not Echarge, are responsible for all electronic communications and content sent from your computer to us.
  6. Reviews, comments, communications and other content
    1. Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or Echarge, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Echarge  reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Echarge violates these Conditions of Use and, or terminate your permission to access or use this website.
    2. If you do post content or submit material, and unless we indicate otherwise, you:
      1. grant Echarge a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
      2. grant Echarge and sublicensees the right to use the name that you submit in connection with such content, if they choose.
    3. You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Echarge, including the execution of deeds and documents, at its request.
    4. You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to Echarge  : (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable Echarge policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Echarge and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

 

    1. Copyright, authors’ rights and database rights
      1. All content included on the online platform, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Echarge, its affiliates or its content suppliers and is protected by intellectual property laws. All software used on this website is the property of Echarge. 
      2. You may not use the contents of the online platform without Echarge’s express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Echarge and / or its affiliate’s (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without Echarge and / or its affiliate’s (as may be applicable) express written consent.
    2. Intellectual Property
      All Logos, graphics, page headers, buttons, icons, scripts and other marks indicated on our website are trademarks of Echarge or its affiliates. All other trademarks not owned by Echarge that appear on this website are the property of their respective owners. All information, data on the online platform constitutes the intellectual property of Echarge and may not be used for any purpose without its prior written consent.
    3. Disclaimer
      1. You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the online platform. Echarge shall neither be liable nor responsible for any actions or inactions of Third Party Vendors nor any breach of conditions, representations or warranties by the Third Party vendors or manufacturers of the goods, products or services and hereby expressly disclaim and any and all responsibility and liability in that regard. Echarge shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products. Echarge may facilitate the resolution of any dispute, concern, queries between you and the Third Party Vendor to such extent and on such occasions as per its sole discretion. Such facilitation of any dispute, concern, queries between you and the Third Party Vendor by Echarge will not render it as being a party to the dispute in any manner. 
      2. Echarge further expressly disclaims any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products or services listed or displayed or transacted or the content (including product/service or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content on this online platform, all content, information (including the price of products/services), software, products, services and related graphics are provided as is, without warranty of any kind. 
      3. Echarge does not implicitly or explicitly support or endorse or certify the sale, hire or purchase of any service/products on the website. At no time shall any right, title or interest in the products or service sold through or displayed on the online platform vest with Echarge nor shall Echarge have any obligations or liabilities in respect of any transactions on the website.
      4. The listing of any product or service on the Echarge online platform only constitutes an invitation to offer by the Third Party Vendor.
      5. Any claim of deficiency in service arising under the Consumer Protection Act, 2019 or any other claim or right to sue arising under any other civil or criminal law shall lie only against the Third Party Vendor and not against Echarge or any of its affiliates, which is only an intermediary.
    4. Indemnity and Release
      1. Echarge does not assume any liability with respect to the availability, quantity, quality, punctuality, warranty or cancellation of any product or service purchased by a User, which shall rest solely with the Third Party Vendor. Echarge shall not be responsible for any incidental, indirect, special or consequential loss or damage including loss of profit, business loss, revenue loss, goodwill loss or loss of anticipated savings incurred or suffered by any User/beneficiary out of use of any goods or service offered on the Echarge online platform, whether such liability arises in tort, contracts, breach of warranty or otherwise.
      2. You shall indemnify and hold harmless Echarge, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney’s fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.
      3. You hereby expressly release Echarge and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Third Party Vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
  1. Children
    Use of Echarge online platform  is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use Echarge   only with the involvement of a parent or guardian, who shall be fully responsible for their actions.
  2. Other Businesses
    Third Parties may also offer goods and services on Echarge  by way of advertisements, notifications, pop-up badges, links etc. Echarge   is not responsible for examining or evaluating the same, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. Echarge does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. 
  3. Communications
    When you visit the Echarge online platform or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number/e-mail while transacting/registering on the online platform. We may communicate with you by E-mail, SMS, phone call or by posting notices/notifications on the website or app or by any other mode of communication. By using the services of Echarge, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website  or other goods/services/promotions/discounts offered by Echarge or any its Affiliates or Partners. If you do not wish to receive any promotional or commercial communication from us, please get in touch with us at www.echargeapp.in to unsubscribe your number.
  4. Losses
    We will not be responsible for any loss of any kind, including but not limited to, business loss (including loss of profits, death, disablement, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss arising out of your use of any goods or service of a Third Party Vendor.
  5. Echarge Wallet/ Echarge Pass
    1. Echarge Wallet: is a Closed System Prepaid Payment Instrument which Users can use to pay for transactions on the the Echarge online marketplace only. Cash withdrawal of the amount in the Echarge Wallet is not permitted. Echarge Wallet cannot be used for making any payments to any third party outside the Echarge online marketplace. The User has an option to transfer the amount in the Echarge wallet by way of ‘back to source’ refund. The amount in the Echarge wallet does not expire, till such time you are an active User of Echarge
    2. Echarge pass: is a subscription based model comprising of Silver, Gold and Platinum membership for Users, which gives access to attractive promotions, discounts and offerings. The Echarge pass membership may be limited by time period or number of transactions by a User. Once subscribed and paid for, the Echarge pass cannot be cancelled prior to the end of its membership period. No refunds will be made towards any cancellation of the Echarge pass by the User for any reason whatsoever.
  6. Alteration of Service or Amendments to the Conditions
    Echarge reserves the right to change, revise, alter, modify, substitute, update the Terms and Conditions of Use and other applicable policies at any time without any prior notice.  As per Rule 3 (1) (f) of the Information and Technology (Intermediary guidelines and Digital Media Ethics Code) Rules, 2021 framed under the Information and Technology Act, 2000 Echarge shall inform you of any changes in its terms and conditions/policies atleast once a year by way of notifications/sms/e-mails/whatsapp or any other medium of communication.
  7. Events beyond our reasonable control
    Echarge will not be responsible for any delay, deficiency or failure to due to causes beyond its control, including without limitation, any public health emergency, Acts of God, war, terrorism, failure of telecommunications or other calamity or other event beyond our reasonable control. 
  8. Waiver
    Failure or delay on the part of Echarge to enforce its rights at any time for any period shall not be construed as a waiver of such rights. 
  9. Governing law, Dispute Resolution and Jurisdiction
    These conditions are governed by and construed in accordance with the laws of India. All disputes arising out of the use of the services offered by Echarge shall be subject to the exclusive jurisdiction of the Courts at Bangalore, Karnataka alone.
  10. Our Details and Notices
    1. This website is operated by Aum Teche, a sole proprietorship, having its office at 45/12 promenade villa, promenade road, Frazer Town, Bangalore – 560005.
    2. Any notice, including any legal notice, to Echarge  must be sent by courier or registered mail only to Aum Teche, 45/12 promenade villa, promenade road, Frazer Town, Bangalore – 560005.
  11. Use of Third Party Services
    When you use the Echarge Software, you may also be using the services of one or more third parties, such as a wireless carrier, broadband/fixedline services or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  12. No Reverse Engineering
    You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Echarge Software, whether in whole or in part, or create any derivative works from or of the Echarge Software.
  13. Updates
    In order to keep the Echarge platform and software/hardware up-to-date, we may offer automatic or manual updates at any time and without notice to you. Your continued usage of the Echarge online platform may be made subject to acceptance/download of any update.
  1. Conditions of Sale (between Third Party Vendors/Sellers/Service Providers and the User)

Please read these conditions carefully before placing an order for any products with the Third Party Vendors on the Echarge (the website or app). These conditions signify your agreement to be bound by these conditions.

The Terms and Conditions of sale is a bipartite legal contract between You being, an individual or corporate customer, user, or beneficiary and the Third Party Vendors/Sellers/Service Providers.

      1. This section deals with conditions relating to the sale of products on the website by Third Party Vendors/Sellers/Service Providers to you (Any reference to the terms ‘us’, ‘we’ ‘Service Provider’ relates to the third party sellers and NOT Echarge).
      2. The sale of any goods/service to you may be subject to further terms and conditions as contained on the website/ bill/ invoice/ documentation of the Seller. In case of any difference between these terms and conditions and such other/further terms and conditions, the latter shall prevail.
      3. We reserve the right to alter, amend, modify these conditions at any time, without any prior notice.
  1.  
  1.  
  1.  
  1.  
  1.  
  1.