Effective Date: January 2023

The general conditions of contract (hereinafter, "General Conditions" or "Contract") govern the terms and conditions of the services as described below in Article 5 (hereinafter, the "Services" or, individually, the "Service") provided by Sterling and Wilson Enel X e-Mobility Private Limited (hereinafter, “the Company”) through the Company’s mobile application (hereinafter, " App") to the users who have registered on the App as indicated below (hereinafter, the "Users" or, individually, the " User").

In order to use the Services, the User must access the App, register by completing the required fields and accept these General Conditions.

Article 1 – Terms

These General Conditions of usage constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. These General Conditions read together with Privacy Policy, and Disclaimers, as may be published on this App and updated from time to time, shall govern your use/access to the App, its content, sites and hyperlinks owned, shared, maintained and or operated by the Company and its affiliates. These terms apply to all Users of the App.

By using this App, the User agrees to adhere to this Contract. By impliedly or expressly accepting these conditions, Privacy Policy and Disclaimers you also accept and agree to be bound by the Policies and terms of the Company as published on this App from time to time.

By mere use of the App, you shall be contracting with the Company and these General Conditions, constitute your binding obligations to the Company. If you do not agree to the General Conditions, please do not use this App or avail any services provided through this App.

Article 2 – Access to the App

The Company will try to ensure that the availability of the App will be uninterrupted and that transmissions will be flawless. However, due to the inherent nature of the Internet and Information Technology, this cannot be guaranteed. Also, your access to the App may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or features or services at any time without prior notice. The Company will attempt to limit the frequency and duration of any such suspension or restriction.

Article 3 – License to use the App and Your Conduct

3.1 Subject to your compliance with these Terms, the Company grants you a limited, revocable and non-exclusive licence to access and make personal use of this App, but not to download (other than page caching) or modify it, or any portion of it.

3.2 This licence does not include any resale or commercial use of this App or its contents; any collection and use of any services listings, descriptions, any derivative use of this App or its contents; any downloading or copying of account information for the benefit of another Service Provider; or any use of data mining, robots, or similar data gathering and extraction tools.

3.3 This App or any portion of this App (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.

3.4 The User and not the App are responsible for all electronic communications and content sent from his Mobile/ computer to the Company and the User must use the App for lawful purposes only.

The User agrees, undertakes and confirms that: -
the User shall not use the App in any way that causes, or is likely to cause, the App or access to it to be interrupted, damaged or impaired in any way.

the User shall not use the App for any of the following:
for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
to cause annoyance, inconvenience or needless anxiety.

Article 4 – Registration and User’s subscription

4.1 The use of the App is allowed only to the person(s) who can enter into legally binding contracts under applicable laws. Persons. Persons who are “incompetent to contract” as per applicable laws are not eligible to use the App. The Company reserves the right to terminate the User account and/or refuse to provide the User with access to the App if it is brought to the Company’s notice or if it is discovered that the User is below the age as required under applicable laws and transacting on the App.

4.2 To use the Services, the User must first register on the App, free of charge, by filling in the required fields. The instructions for registering and joining the Service are available in the "Frequently Asked Questions" section of the App. By completing the registration procedure and clicking on the "I accept" button, the User declares that he/she has carefully read and expressly accepted these General Conditions.

4.3 User shall be responsible for maintaining the confidentiality of his account and password and for confining access to his account. The user agrees to accept responsibility for all activities that occur under his account and password. User shall take all necessary steps to ensure that the password is kept confidential and secure and shall inform the Company immediately if he has a reason to believe that his password has become known to anyone else, or is being or is likely to be used in an unauthorized manner.

4.4. The User is obliged to enter the requested data on the App and he guarantees that those are correct, updated and truthful. The User also undertakes to promptly communicate any changes in the data useful for the correct issue of sales documents relating to the availing of Services. In case of incorrect data, the User must promptly notify the Company through the contacts indicated in the App.

4.5 The User acknowledges and accepts that, if it has communicated to the Company false, outdated or incomplete data, the Company reserves the right to suspend access to the App and/or to terminate the Contract pursuant to applicable laws.

4.6 The Users shall be permitted to use the App without registering subject to the availability of limited services as indicated on the App after entering the required data as indicated on the App. Notwithstanding this permission, the User is obliged to accept and agree to be bound by these General Conditions as published on this App from time to time.

4.7 The User is obliged to;
follow all types of safety related instructions and warnings as communicated by the Third-Party Service Provider from time to time.
Ensure strict compliance and adherence to these General Conditions.
No damaged equipment at the Third-Party Charging Station. In case the Third-Party Charging Station equipment is damaged, the User shall be responsible to indemnify the Company in case Third Party Service Provider raise any claim against the Company. However, the User shall also be directly liable to indemnify the Third-Party Service Provider in case of any such damage to the extent of the cost of repairs of such damage.
vacate the Third-Party Charging Station once the vehicle charging session is completed.

Article 5 - Scope of Services

These General Conditions govern the terms and conditions of the Services described below, facilitated by the Company, directly and/or through its Third-Party Service Providers, by means of the App and agreed by the User:
for start and stop of charging at charging points via the App or RFID card;
display a location of Third-Party Charging Stations
monitoring of the charging session;
notification during or at the end of the charging session;
online payment of the charging service fee at Third Party Charging Stations facilitated by the Payment Gateway Company

“Third Party Service Providers” for the purpose of these General Conditions shall mean but not be limited to the Company’s dealers, distributors, channel partners and the Charging Station Operators.

“Third Party Charging Stations” for the purpose of these General Conditions shall mean but not be limited to the Charging Stations operated by the Charging Station Operators who have installed the Company’s Electric Vehicle Charger and are operating the publicly accessible charging points.

“Payment Gateway Company” for the purpose of these General Conditions shall mean an e-commerce application service provider appointed by the Company to provide online payment services through its payment gateway.

Article 6 – Payment of Fees for charging at the Third-Party Charging Stations

6.1 In order to use the Services of Third-Party charging stations the User is required to pay the fees as displayed on the App after charging the vehicle and such fees are payable immediately. Fees paid by the User are final and non-refundable. The App shall facilitate the payment through the integrated payment gateway facilitated by the Payment Gateway Company as shown on the App and the payment shall be received by the Third-Party Service Provider. The User is aware that the Company is just a facilitator providing the services via the App and it shall not be responsible and liable for any payment-related matters/disputes. In any circumstances Company will not be a party to any Payment made via the App, such Payments made by the User shall be considered a transaction between the User and Third-Party Service Provider.

6.2 Fees indicated on the App shall be inclusive of all taxes as per applicable laws including GST and or Service Charges/Surcharges. User is aware that Third Party Service Provider shall be responsible to comply with all tax-related compliance and the Company shall not be responsible for any such collection of fees and compliance related to any laws as applicable. The company reserves the right to charge and/or change the fees as indicated/mandated by the Third-Party Service Provider and any consequent change in taxes, as per applicable laws.

6.3 The invoice/bill will be issued for the fees paid as per applicable law and shall be sent to the User at the end of each charging session to the registered email address as provided in the App.

6.4 The User shall be responsible for payment of all fees/costs/charges associated with the services availed through Third Party charging Stations.

6.5 The fees shall be paid only through the integrated payment gateway as shown on the App and the User shall be obliged to comply with all terms and conditions of the payment gateway company. In case of unsuccessful payment, the User authorizes the payment gateway company to make a further attempt to debit the amount due from the User and, if this is even not successful, the Company will proceed to block the User’s account. Non-payment of the due amount for more than 3 days shall result in the deactivation of the account from the App.

Article 7 – Registration of the electric vehicle

7.1 Within the Account, the User has the option of registering one or more vehicle models. The information entered can be changed by the User at any time. Based on the type of the selected vehicle, during the charging session, the User may be able to view the following information on the App based on compatibility:
the energy supplied (kWh);
charging time;
charging power (kW);
percentage of top-up of the charging session, with respect to the battery size.

7.2 The User accepts that the information referred to art. 7.1, letters a) - d) are informative in purpose, therefore the User agrees to use the same information in making the decision independently. The above information does not apply to a vehicle and the values shown must not reflect the actual driving results. Except for the limits established by law, the Company assumes no responsibility for the use by the User of the information referred to art. 7.1, letters a) - d).

Article 8 – Disclaimer

8.1 Except in cases of fraud, willful misconduct or gross negligence, the Company is not liable for any direct or indirect losses caused to the User or third parties that are not directly attributable to the Company, including but not limited to damages reported to changes in the modes, times and/or conditions to provide the Service due to malfunctions of vehicles, technological equipment, IT systems and telecommunications and in any case dependent on causes attributable to the energy supplier and/ or third parties in general.

8.2 In addition, the Company is not liable in any way for total or partial non-fulfilment of its obligations as a result of force majeure, including but not limited to: deeds of the State and the Public Administration, deeds of the Public Authorities, legal restrictions, fire, flood, explosion, agitation, riots, strikes, industrial disruption, lack of raw materials, lack of electricity, interruption of telephone services, lack of fuel and other oils.

8.3 The Company shall not be responsible for any dispute relating to payment transactions done via payment gateways.

8.4 The User acknowledges and undertakes that the User is accessing the services on the App and transacting at the User’s own risk and is using the User’s best and prudent judgment before entering into any transactions through the App. The User further acknowledges and undertakes that he will use the App to avail services only for his consumption in the specified assets and not for resell or any other purposes. The Company shall neither be liable nor responsible for any actions or inactions of service facilitated nor any breach of conditions, representations or warranties by the Company and hereby expressly disclaim any all responsibility and liability in that regard. The Company shall not mediate or resolve any dispute or disagreement between the User and other service providers whether or not affiliated with the Company.

8.5 The Company 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 services listed or displayed or transacted or the content (including service or pricing information and/or specifications) on the App to the extent permitted by law. While the Company has taken precautions to avoid inaccuracies in content, this App, all content, information, software, services and related graphics are provided as is, without warranty of any kind to the extent permitted by law. The Company does not implicitly or explicitly support or endorse the sale or purchase of any service on the App. At no time shall any right, title or interest in the service offered through or displayed on the App vest with the Company nor shall the Company have any obligations or liabilities in respect of any transactions on the App.

Article 9 Indemnity

The User shall indemnify and hold harmless the Company and/ or its affiliates and/or 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 User’s breach of these Terms or any document incorporated by reference, or violation of any law, rules, regulations or the rights of a third party. The User hereby expressly releases the Company and/or its affiliates and/or their respective officers, directors, agents and employees, from any cost, damage, liability or other consequence of any of the actions/ inactions of the vendors and specifically waiver any claims or demands that the User may have in this behalf under any statute, contract or otherwise.

Article 10 - No Services resale or commercial use

The User’s right to use the Services is personal and non-transferable. It is not permitted to resell or make any other commercial use of the Services without written consent from the Company.

Article 11 – Intellectual property rights of the Company and third parties

The User expressly recognizes that all intellectual property rights, protected on the basis of copyright rules, trademark rules or other relevant provisions under the Intellectual Property laws of India, including, but not limited to, know-how, source code, software, hardware, plans, applications, patents, industrial secrets, formulas, algorithms, models, databases and similar, relating to the Services, data and other materials from the Company or, in any case, made available to the User by the Company pursuant to the General Conditions are and remain the property of the Company and the parties for which the latter is a legitimate licensee. The User may not copy, modify, sell, grant, license, confer, transfer to third parties or create works derived from any right of the Company and/or the subjects of which the same is a legitimate licensee, or allow third parties to do so via the User or its electronic device. Finally, the User acknowledges that all content (software, images, graphics, photographs, music, sound, video, text, data etc.) of the promotional correspondence, shown to the User via the WEBMAIL service or by WEB MAIL providers, is protected by the applicable rules on copyright, trademarks, service marks, patents or other proprietary rights and laws.

Article 12 – Amendments and assignment

12.1 The Company is entitled at any time to amend or make changes to the App and these present Terms and Conditions and the Services, for technical, organizational and/or commercial reasons or for any other reasons whatsoever, by publishing an updated version on the App. By continuing to use the App you shall be deemed to accept the updated Terms and agree to be bound by them.

12.2 The Company may transfer or assign this Agreement, and any of its rights and/or obligations under the Agreement, in whole or in part, to any third party, upon notice to be sent in the same manner as in the article referred above. The User may not assign or transfer this Agreement, in whole or in part, nor any of its rights and/or obligations under the Agreement, to any third party, without the prior written approval of the Company.

Article 13 – Protection of personal data

The User’s personal data will be processed exclusively in accordance with the current regulations governing the processing of personal data. The Privacy Policy can be viewed at any time, in the relevant section of the App.

Article 14 - Applicable law

This Contract is governed by and construed in accordance with the laws of India. In case some of the provisions set down herein were deemed invalid, void and/or otherwise inapplicable by virtue of the legal provisions in force, all the other remaining provisions will nonetheless be deemed fully valid and effective. In case of disputes, the courts in Mumbai, India shall have exclusive jurisdiction.

Article 15 – The Company & Grievance Officer Details

This App is operated by M/s. Sterling and Wilson Enel X e-Mobility Private Limited. For any query or complaint, the User can contact the Company or its Grievance Officer by writing to the customer care email id as available on the Company’s website.