Terms and condition
This Agreement creates binding legal obligations on you. If you do not agree to any of the terms of this Agreement, please do not access ChargeIn’s PowerBank Sharing Platform, use any services offered through the Platform or register an account for such services. You acknowledge that you have carefully read and understood the terms of this Agreement.
1. INTRODUCTION / PURPOSE
a. ChargeIn offers PowerBank sharing and rental services through various electronic platforms, including but not limited to on the Internet www.chargein.in and mobile applications (including on iOS, Android, Windows operating systems) (collectively known as “Platforms”). In accessing the Platforms, using the Services and PowerBanks provided through the Platforms, you agree to accept the terms of this Agreement.
b. ChargeIn’s Services aim to provide battery charging solutions through unparalleled convenience, extremely low costs and a plethora of usage benefits.
c. If you have any questions regarding any aspect of this Agreement or our Services, kindly contact our Customer Service Staff at [email protected]
d. The clause and paragraph headings of this Agreement have been inserted for ease of reference and do not affect or limit the construction or interpretation of the terms of this Agreement.
a. Contracting Parties
i. This Agreement is entered into between you and the operator of the Platforms in the country where you are enjoying the services offered through the Platforms.
ii. The Platforms and the Services offered through the Platforms are currently available in India. If you are not a resident of or are located in India, the Platforms and the Services are not available to you.
iii. We, ChargeIn Kiosk Pvt. Ltd., are the current operator of the Platforms and the Services in India. All references to this Agreement to “we”, “us”, “our”, or “ChargeIn”, is a reference to ChargeIn Kiosk Pvt. Ltd. We shall notify you through any posting or notifications on our website or the Platforms of any transfer or assignment of our rights and duties under this Agreement to any third party we deem fit. Once transferred or assigned, your relationship will be with the assignee or transferor and not with us.
3. USER REGISTRATION
a. User Qualification
i. You represent and warrant that if you are registering for the Services as an individual, you are at least 13 years old, and if you are 18 years old or older, that you are fully capable and competent to enter into and to comply with these Terms, or if you are between 13 and 18 years old, that you have permission of a legal parent or guardian who has agreed to assume fully your obligations under these Terms as if such obligations are owed by the said parent or guardian. If you are registering for the Services for and on behalf on an entity that is not a natural person, you represent and warrant that you are authorized to enter into this agreement and bind the entity to these Terms. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity.
ii. Your access and use of the Services shall be at your own discretion and risk, and you shall be solely responsible for safeguarding and maintaining the confidentiality of your User Account, as defined below, including your username and password and all activities in connection with or that occur on or through your User Account, as defined below.
iii. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
iv. While using the Platform, you must not transmit including but not limited to, any worms, viruses and/or any code of a destructive nature.
vi. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please note that credit card information is always encrypted during transfer over networks.
b. User Account
i. To access the Platform, and/or Services, you will be required to register for an account with us (“User Account")
c. Management of Personal Information
i. Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by updating your information under My Account.
4. ACCOUNT SECURITY
a. It is your responsibility to safeguard and maintain the confidentiality of your Login ID and Password. You agree you are solely responsible for safeguarding and maintaining the confidentiality of your Login ID and Password.
b. You agree not to share or permit others to use your Account or Password, or assign or transfer your Account to any other person or entity.
c. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your User Account.
d. All activities conducted through your User Account (including but not limited to the use of the PowerBank, return of the PowerBank, and Platform and/or Services etc.) is deemed to be conducted by you. You are responsible for all activities conducted through your User Account regardless of whether such activities are carried out with your consent or knowledge or otherwise.
e. We have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account.
f. You must notify us immediately at [email protected] if you suspect or are aware of any unauthorised access to or use of your User Account. You acknowledge and agree that a reasonable amount of time is required for us to investigate and take any action relating to your notifications. Until our investigations are complete, you continue to be responsible for all activities conducted through your User Account.
g. Protecting personal information of our customers is important to us. Personal information of other users may be disclosed or made available to you by other users through the Platforms. You agree that you will keep confidential and will only disclose or use such information for the purposes for which such information was disclosed to you.
5. OWNERSHIP OF INTELLECTUAL PROPERTY
a. All rights, title and interest in and to the Platform and/or Services, including all content pursuant to the Services remains and/or shall be the copyright or intellectual property of either us or third parties providing the data (“Data Providers") (as the case may be).
b. You may not use the Platform and/or Services, including all content, for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else unless with our express written consent.
c. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Service and/or App unless our express written consent is granted.
a. You may access and use the Platforms by downloading, installing and using our applications (including any independent software products, mobile applications or browser plug-ins) (“Applications”).
b. In order to improve, enhance and further develop the features of such Applications, we may from time to provide upgrades, updates and patches to these Applications. You agree to download and install such upgrades, updates and patches and to only use the latest version of the Applications, or such other versions as we may direct.
c. We hereby grant you a personal, limited, worldwide, royalty-free, non-assignable, non-transferable, revocable, non-exclusive license (without the right to sub-licence) to use the Applications, Platform, Services and content for the sole purpose of enabling you to use and enjoy the benefit of the Services in a manner prescribed by these Terms. Such license is subject to these Terms and does not include the distribution of any content, modifying or otherwise making any derivative uses of the Applications, Platform and/or Services (or any part thereof), the use of any scraping, data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) any part of the Applications, Platform and/or Services, content or information contained therein except as expressly permitted on the Services, and any use of the Applications, Platform and/or Services other than for their intended purposes.
d. We reserve the right, at our sole discretion and at any time to modify the prices of our products and Services without further notice to you.
e. We reserve the right, at our sole discretion and at any time to modify or discontinue the Services (or any part or content thereof) without further notice to you.
f. We disclaim all liability to you or to any third-party for any changes to the Services, including but limited to modification, price change, suspension or discontinuance of the Services.
7. YOUR RESPONSIBILITIES
a. Usage of the Platforms or Services
You agree that you:
i. Will ensure that you conduct yourself in compliance with all applicable laws and regulations, including but not limited to laws and regulations on data protection, intellectual property protection, taxation and usage of the PowerBanks.
ii. Will ensure that you treat any equipment provided (including the PowerBanks and cables attached) with appropriate care, and treat our staff and other users with respect; and
iii. Are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use the Platforms or the Applications, and for paying all charges related thereto.
b. Caveats on the Platforms or Services
You agree that you will not:
i. Access the Platforms or use our Services if we have suspended you from doing so;
ii. Without our consent, rent, lease, sell, resell or otherwise monetise or commercialise the Platforms, our Services or the PowerBanks provided
through the Platforms;
iii. Use our Services or PowerBanks except through the Platforms;
iv. Remove, alter or obscure any advertisements that may be found on the Platforms or PowerBanks or any equipment provided to you by us;
v. Assist or encourage any conduct in violation of this Agreement.
8. LIMITATION OF LIABILITY
i. We do not guarantee, represent or warrant that your use of our Platform, Services and/or content will be uninterrupted, timely, secure or error-free.
ii. We do not warrant that the results that may be obtained from the use of our Platform, Services and/or content will be accurate or reliable.
iii. You agree that from time to time we may remove the Platform, Services and/or content for indefinite periods of time or cancel our Platform, Services and/or content at any time, without notice to you.
iv. You agree that your use of, or inability to use, our Platform, Services and/or content is at your own risk. Our Platform, Services and/or content and all products and services delivered to you through our Platform, Services and/or content are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
v. In no case shall ChargeIn, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation for any lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall only be limited to the extent permitted by law.
9. REMEDIES FOR BREACH
a. If you are in breach of any of the terms of this Agreement, we may without further reference or prior notification to you, and in addition to any other rights and remedies that we may have:
i. Suspend or terminate your access to the Platforms, Applications and Services offered through these, and your right to use the PowerBanks;
ii. Deduct and set-off the funds in your user account against any monetary loss, damage or compensation due from you to us; and
iii. Terminate this Agreement.
b. In addition to any other rights and remedies that we may have against you, you agree that if you damage our PowerBanks or such other equipment provided to you, intentionally or as a result of your misuse, which results in the PowerBanks being inoperable or unsafe for operation, you will be charged and will pay to us a fee of 500INR, the quantum of which shall be determined by us in our sole and absolute discretion, being the administrative, logistical, repair and replacement costs for each PowerBank so damaged. We may recover this fee as monies owed to us by charging your User Account.
c. We are entitled to terminate this Agreement immediately and to recover any loss and damage suffered (including economic loss and damage to goodwill and reputation) if you provide any gift or consideration of any kind (including physical goods, cash, cash equivalents, labour services, travel etc.) as an inducement or reward to our employees or consultants for doing or forbearing to do or for having done any action in relation to this Agreement.
10. THIRD PARTY LINKS
a. Third party links on our Platforms may direct you to third-party website that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or website, or for any other materials, products, or services of third-parties.
b. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. Please ensure that you review the third party’s policies and practices and make sure you understand them before you engage in any transaction.
c. Any complaints, claims, concerns, or questions regarding third party products should be directed to the third party.
a. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
c. Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services or by notifying us that you no longer wish to use our Services.
14. FORCE MAJEURE
We shall not be responsible for any loss, damage, default or failure which is shown to be due entirely to causes beyond our control, including but not limited to failure of information network equipment, connection failure, failure of computer, communication or other system, power breakdown, strikes, riots, fire, flood, windstorm, explosion, war, government actions, changes of laws, regulations, administrative provisions and other rules, orders of judicial or administrative authorities or acts of God.
15. Accuracy of Billing And Account Information
a. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
b. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
a. Entire Agreement
c. Third Parties
A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) to enforce any term of this Agreement.
d. Governing Law
These are rules that regulate how you (a) share your PowerBank through the Platform, (b) use and rent the PowerBanks provided to or selected by you through the Platform; and (c) pay for your usage of the PowerBanks. These rules form part of you Agreement with us in relation to your access of the Platforms and use of our Services. These rules also set out the safety standards in relation to your use of the PowerBanks. You are required to comply with these rules and it is important that you read and understand these rules carefully. Where necessary to assist you in understanding these rules, we may provide or direct you to hyperlinks and illustrations.
1. SHARING OF POWER-BANK
2. HOW TO USE POWER-BANK
a. Unlocking PowerBank with Platform
b. Safety Inspection
c. Lability for use of PowerBank
d. Your Responsibilities
e. Completion of use
a. Users who have shared PowerBank
b. Charges for usage of PowerBank
c. Promotional coupons / codes
d. Payment and Crediting User Account
e. Credit / Debit Card
f. Refund of Credits