TERMS & CONDITIONS

HIGHLIGHTS OF TERMS

INTRODUCTION

Please read the full terms carefully before using the services as they are a legal document which governs your rights and responsibilities. By using the services, you agree to the terms and all revisions thereof. If you do not agree – do not use the services.

These terms and conditions (“Terms”), including terms set forth in our privacy policy (“Privacy Policy”), apply to the use of all services rendered by Sunfuel including via our website www.sunfuelelectric.com (“Site”) and all associated sites, via any software applications, including any mobile applications (“Software”) used in connection with the provision to you of any services, and via our electric vehicle (“EV”) charging stations (collectively, “Services”). By accessing or using our Services, you signify that you have read, accepted and agree to be bound by these Terms.

SUNFUEL’s SERVICES

Sunfuel Electric Private Limited (“Sunfuel”, “us” or “we”), offer EV charging services, help EV drivers locate and access Sunfuel EV charging stations, and offer other services that help provide you a public EV charging experience (collectively, the “Services”). Services are rendered to and accessed by you via the Internet (“Site”), mobile software application (“Software”) or other data transmission facilities or carriers by use of an applicable device (computer, mobile phone etc.) (“Device”) of your own choice. Your carrier’s normal rates and fees apply. We may modify the Site or Software in any way and at any time, with or without notice.

You agree to comply with all applicable laws and regulations when accessing or using the Services. You may not use the Services in violation of these Terms or in a way that could cause damage, harm, or adverse effect to us, any third party or any property.

SUNFUEL ACCOUNT

To use all the Services available, you may need to create a Sunfuel account either by direct sign up via the Site, Software, or by use of another signup feature made available by Sunfuel via the Services. Any signup is subject to you complying with all applicable laws and providing true, accurate, and complete personal information (“User Data”) as prompted by the relevant signup feature. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. You undertake to keep your User Data accurate and current and to update your User Data promptly when applicable.

You are responsible for any actions that take place under your Sunfuel account. Keep your username and password secure and do not allow anyone else to use them to access the Services. Sunfuel is not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge. We may use the contact information you provide to us in your User Data to provide you with messages and updates. By creating an account, you consent to the receipt of these communications.

You may request to delete your account at any time. These requests may be processed through our Software or via email to info@sunfuelelectric.com. If you delete your account, Sunfuel may not be able to support queries on past transactions, including transaction histories and refund requests.

PRICING & PAYMENT

By using a Sunfuel charging station at any location you agree to pay the price(s) charged, if any. We may impose fees for electricity and other charging services as well as for violations of charging session conditions, such as an idle fee if you exceed a specified charging session time limit or excess use fees. You also agree to be responsible for charges and liability incurred by someone other than you using your vehicle or account. If you access a charging station through our Software, you will be able to track the status of your charging sessions.

Any pricing or fees imposed on charging may be location specific. The billing unit and rate for each location may change from time to time. For example, pricing for EV charging may be per kilowatt hour or per minute, subject to applicable law, and charging for idle fees may be per minute or a flat fee, in our discretion. Sunfuel reserves the right to establish or revise any pricing or fees in its sole and absolute discretion.

If a charging session is interrupted such that the EV receives less than half of the charge it should have received during the charging session and where the user hasn’t caused the interruption, please notify us of the interruption via the app or by emailing info@sunfuelelectric.com. You are responsible for checking the transaction summaries and / or your transaction history to ensure the accuracy of the transaction summaries and your transaction history and any charges. Please contact us through the app or by emailing info@sunfuelelectric.com if you believe there is any inaccuracy in any transaction summary or transaction history. We have no obligation to review or correct any inaccuracy or error, including billing errors, if you do not notify us of such inaccuracy or error within thirty (30) days of the applicable transaction. If we are unable to collect payment, we may contact you based on your information on file, or may request payment when we are performing future Services for you.

You must maintain at least one valid payment method in your account, even if certain EV charging services are free to you, or you may not be able to access certain EV charging services via our Software. Payment methods such as credit or debit card numbers may be sent to our third-party payment processor. Information necessary to process payment will be shared with third parties, including banks, to process your payment, comply with applicable law, prevent fraud, and to resolve any payment issues.

We may from time to time offer you benefits for loyally using our Services, such as by providing periods of free charging or idling for stations that accept payments. Any and all loyalty benefits are subject to availability and the terms under which they are provided, if any, and may be changed by Sunfuel at any time without notice to you. If there are no separate terms for such benefits, then they are subject to these Terms.

You agree that you will be solely responsible for paying, and that you will hold Sunfuel harmless from, all direct or indirect, central, state and local taxes of any kind even if we or the site host are required by law to collect and remit such taxes to the applicable governmental authority with respect to your use of the Services, together with all interest, penalties or other additional amounts imposed thereon, including, without limitation, any gross receipts, sales, consumption, use, value added, excise, commercial activity or other privilege, property, road or other transportation tax or any other taxes of any kind whatsoever imposed by any governmental authority. These charges may change from time to time without advance notice. In order to use certain Services, you consent to our third-party service provider storing, maintaining, and recovering funds from your specified payment method in accordance with these Terms. Sunfuel reserves the right to terminate or suspend your account if you fail to pay any amounts when due. You may not set-off any amounts unless explicitly permitted by Sunfuel in writing.

ACCESS & SAFETY

You bear the responsibility and cost of your choice of data transmission facilities to access the Services, including any cellular carrier or Internet Service Provider charges. Please note that your carrier’s normal rates and fees may apply to use of the mobile application to access and use the Services.

You understand and agree that Sunfuel is not responsible for any execution or conduct of any activities related to the Services, including but not limited to featured, Sunfuel-provided or user created content, that utilizes Sunfuel’s Services. Irrespective of any information or Content (as defined below) related to the Services, Sunfuel encourages you to always put safety first, follow applicable traffic regulations, not to change settings on your Device and / or the Software while in motion or in unsafe areas and always be vigilant when operating your vehicle.

For your safety, only charging adapters manufactured or licensed by your EV’s automaker are permitted. No home-built electric vehicles, home-built onboard chargers, home-built adapters, or vehicles that contain personally modified chargers are permitted. You agree to accept all liability for any and all loss, harm, or damage experienced by you or any other person caused by your use of such unauthorized equipment in connection with Sunfuel’s EV chargers.

In order to ensure the safety of others, you agree to return the charging cable and connector of any charging station you use to its holster after use and, if applicable, to properly wind up or hang any non-retractable cable.

Never use the services, including the mobile application or access or view content while driving your vehicle.

USER CONDUCT AND USER GENERATED CONTENT

Any content that you and other users post or otherwise make available on or through the Services, except such Content owned by Sunfuel, its affiliates or business partners, shall be deemed “User Generated Content”, including comments, materials, information, data, profiles, messages, notes, links to websites, text information, photos, music, videos, designs, graphics, sounds, and any other content. All User Generated Content submitted by you on the Site or via the Services will be considered non-confidential and non-exclusive. You grant to Sunfuel a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray Sunfuel, its trademarks or any of its marks, products or services in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any pornographic, illegal, offensive, harassing or otherwise objectionable material. You agree not to use the Services to post or transmit any material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction.

USER INTERACTION DISCLAIMER

You are solely responsible for your interactions with other users, whether online or in person. Sunfuel assumes no responsibility or liability for any loss or damage resulting from any interaction with other users of the Services, persons you meet through the Services, or persons who find you because of User Generated Content posted on, by or through the Services. You agree to take reasonable precautions in posting User Generated Content and in all interactions with other users on the Site or Software, and conduct any necessary investigation before meeting another person. Sunfuel is under no obligation to become involved in any disputes between users, but may do so at its own discretion. Sunfuel does not monitor or pre-screen User Generated Content prior to posting. Sunfuel does not undertake any obligation or liability relating to any User Generated Content or activities of users on the Services. If Sunfuel chooses to monitor any User Generated Content, it assumes no responsibility for, or any obligation to monitor or remove, such User Generated Content.

Sunfuel reserves all rights to edit, remove, or refuse to post any User Data, User Generated Content or terminate your account for any reason. You acknowledge, consent and agree that Sunfuel may access, preserve and disclose your User Data, and other of your User Generated Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with a legal process, enforce the Terms, respond to claims that any Content or User Generated Content violates the rights of third parties or protect the rights, property or personal safety of Sunfuel, its users and the public.

THIRD PARTY SERVICE PROVIDERS AND ADVERTISERS

Sunfuel may choose at any time to have its business partners’ and other third parties’ products, services, advertisements and other offers (“Third Party Content”) made available via the Services, including delivery of ads through the Software to your Devices. You agree that Sunfuel can deliver such Third-Party Content to your Devices. Any such offerings made available to you, even if co-branded with Sunfuel, are made and offered directly by the applicable third-party service provider or advertiser, unless otherwise expressly noted. You acknowledge and accept that if you buy any such products or services offered you are contracting directly with the applicable business partner or third-party service provider or advertiser. You agree to look solely to the applicable third party, and release Sunfuel from any liability, with respect to any offers you accept. These organizations conduct business for themselves and are not part of the Sunfuel business. As such, you should review the terms of service and privacy policy of any third party. Please see our Privacy Policy for additional information about our use of your personal information and instructions on how to opt out of such communications.

THIRD PARTY PROPERTY RESTRICTIONS

Our charging stations may be located on a property owned and / or controlled by a third party. You agree to follow any and all rules set by any such third party, such as parking restrictions and hours of operation. You are solely responsible for any and all damages, fees, costs, penalties, fines, and other expenses related to your failure to comply with such rules.

THIRD PARTY CHARGING STATIONS

Our charging stations may be located on a property owned and / or controlled by a third party. You agree to follow any and all rules set by any such third party, such as parking restrictions and hours of operation. You are solely responsible for any and all damages, fees, costs, penalties, fines, and other expenses related to your failure to comply with such rules.

THIRD PARTY CHARGING STATIONS

You may be able to access EV charging stations that are not operated by Sunfuel via our Software. Such charging stations may be subject to additional terms and conditions or additional fees or other costs. If you use such charging stations, you agree to abide by such additional terms and conditions, to be responsible for such fees or other costs, and to indemnify, defend and hold us harmless from any and all damages, fees, costs, penalties, fines, and other expenses related to your use of such charging stations.

INTELLECTUAL PROPERTY RIGHTS – USE RESTRICTIONS

All intellectual property rights to the Services and any Software to access the Services, and any Content as defined below (with limited exceptions for User Generated Content) featured or displayed on the Site or via the Services, is the sole property of Sunfuel, its affiliates or Sunfuel’s business partners and is protected under copyright laws, patent and trademark laws and other legislation. “Content” includes but is not limited to logos, trademarks, design, structure, text, graphics, photographs, images, videos, audio, sound, illustrations, interfaces, software data, etc. incorporated into, accompanying or generated by the Site, Services or a mobile application or software provided by Sunfuel. Sunfuel, its affiliates and its respective partners reserve all rights to Content not expressly granted under these Terms. The Sunfuel name, the Sunfuel logo and other Sunfuel logos, icons, products and names related to the Services are the exclusive trademarks of, and are owned by, Sunfuel and may not be used or displayed in any manner without the prior written permission of Sunfuel.

If you download Software, including any mobile applications, from the Site, or associated sites and/or distribution channels, the Software is licensed to you by Sunfuel. Sunfuel does not transfer title to the Software to you. The license to use the software and services is limited, non-exclusive, non-transferable and for your personal and non-commercial use only. You also may not transfer, resell, or sublicense this limited right to use the Software to any third party or transfer the Software to any other mobile device without our prior written permission.

NO COMMERCIAL USE

Any commercial use (e.g., Advertising, solicitation and other commercial content) of the software, site or services is subject to prior written agreement with Sunfuel. You may not decompile, reverse engineer, disassemble or otherwise attempt to discover any source code, remove, redistribute, sell, assign, transfer any right in, loan, lease, grant any security interest in or any right to the Site, Services, Software, Content, User Generated Content of other users or any parts thereof. You may not remove, obscure, or modify any copyright, trademark or other proprietary notices from any portion of the Site, Services, Software, Content, or User Generated Content or reproduce, modify, prepare derivative works of any of the Site, Services, Software, Content, User Generated Content. You agree not to use any data mining, robots, scraping or similar data gathering methods in connection with the Site or Services. A breach of this restriction is considered a trespass and may result in civil and criminal sanctions.

DISCLAIMER OF WARRANTIES AND LIABILITY

The services are provided “as is” without any express or implied warranties of any kind. Sunfuel disclaims all warranties to the fullest extent permitted by law, whether express or implied, including, but not limited to, warranties of title, merchantability, fitness for a particular purpose and non-infringement. Sunfuel cannot guarantee that use of the services will be timely, uninterrupted, secure or error-free, that any defects, errors or malfunctions will be corrected, that the services or that the site or the server that makes the services available are free of viruses or anything else harmful. To the fullest extent permitted by law, Sunfuel undertakes no warranties or representations as to the use of the services in terms of correctness, accuracy, adequacy, usefulness, reliability, availability or otherwise. Sunfuel is not liable for any communications between Sunfuel and you. You understand and agree that you download or otherwise obtain, and use the services at your own risk. You, and will be solely responsible for your use and any damage to your mobile device, computer system or other device by which you access the services, loss of data or other harm of any kind that may occur as a result thereof.

You are solely responsible for ensuring that your EV’s battery is sufficiently charged to meet your needs and that all charging is done in accordance with the manufacturer’s recommendations regarding the type, frequency and duration of charging.

Sunfuel only allows you to use standard, industry-manufactured and recognized electric vehicles when using our Services. Sunfuel prohibits the use of all home-built electric vehicles, home-built onboard chargers, and vehicles that contain personally modified chargers (“Unauthorized Vehicles and Chargers”). You understand, accept, and agree to fully comply with these terms. You also agree to accept all liability for any and all loss, harm, or damage experienced by you or any other party caused by your use of Unauthorized Vehicles and Chargers in connection with Sunfuel’s Services.

LIMITATION OF LIABILITY

To the fullest extent permitted by law, Sunfuel, its affiliates, officers, agents, representatives, employees, partners and licensors (“released parties”) shall not be liable for any direct, special, incidental, indirect or consequential damages, including but not limited to any lost profits, business interruptions or lost data, that result from the use of, or the inability to use, the services, including any user generated content, even if Sunfuel has been advised of the possibility of such damages. You understand and agree not to file for any claims, actions, injuries, damages, or losses associated with your use of the services.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you in its entirety. However, you agree the provisions of liability will apply to you to the greatest extent permitted by law.

INDEMNITY

You agree to indemnify, defend, and hold harmless the Released Parties from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys’ fees, arising from or relating in any way to your User Generated Content, your use of the Services and / or Content and your conduct in connection with the Services or with other users of the Services, or any violation of these Terms, any law or the rights of any third party.

AGE RESTRICTIONS

The Services are intended solely for those who are eighteen (18) years of age or older. You represent and warrant that you are at least eighteen (18) years of age, and you have a valid driver’s license. You agree that you are fully able and competent to enter into the terms, conditions, obligations, representations, and responsibilities set forth in these Terms.

LINKS

Sunfuel, users in User Generated Content, third party service providers and advertisers may provide links to other Internet sites and / or other resources. Since Sunfuel has no control over such sites and resources, you acknowledge and agree that Sunfuel shall not be responsible nor liable for the availability, content, advertising, products, services or other materials on or available from such sites or resources. When we do link to a third-party website, this does not automatically imply that Sunfuel endorses that website, its contents or products. Please note that these third-party websites may have their own privacy policy.

TERMINATION

Sunfuel reserves the right to change, discontinue and / or terminate any and all Services at any time without notice.

Sunfuel may at any time, at its own discretion for any or no reason, and without any warning or notice, edit or remove in whole or in part any account and User Generated Content and further to restrict users use of all or any part of the Services. If we terminate your account and/or your use of the Services, then you will be responsible for payment for any Services used, but not yet paid for, if any, and any other fees due hereunder, if any, as of the date of such termination. Sunfuel also reserves the right to block users from certain IP addresses or Device numbers and prevent access to the Services for any reason. You understand and agree that some of your User Generated Content, which is displayed outside your profile, in activity feeds, in other parts of the Services, or on other platforms (e.g., Facebook, Twitter etc.), may continue to appear on the Services or on other platforms even after your User Generated Content is removed or your account is terminated.

GENERAL

SEVERABILITY AND PERSEVERANCE

Should any provision of the Terms be held invalid, unlawful, void or unenforceable, the remainder of the Terms shall continue to be valid and enforceable. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Any provisions of the Terms which by their nature shall survive any termination of use of the Services, irrespective of the cause, including but not restricted to the Privacy Policy, Disclaimer of Warranties and Liability, Intellectual Property Rights, Pricing & Payment, Severability and Perseverance, Miscellaneous, Applicable Law, shall survive any termination.

ENTIRE AGREEMENT

These Terms, together with any amendments and any additional agreements you may enter into with Sunfuel in connection with our Services, shall constitute the entire agreement between you and Sunfuel concerning our Services.

NO WAIVER

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sunfuel’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

ASSIGNMENT, SUBCONTRACTING

Sunfuel only may assign its rights and obligations under these Terms to any party at any time without notice to you.

Sunfuel may use subcontractors to perform the Services. Such subcontracting parties shall comply with the applicable provisions of the Terms. The use of the Services shall not construe any joint venture, partnership, employment or agency relationship exists between you and Sunfuel.

APPLICABLE LAW

This Agreement will be governed by the laws of India on all substantive aspects, and both parties’ consent to the jurisdiction of the courts in New Delhi.

You agree that any notice, agreement or other disclosed communication that Sunfuel sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

CHANGES

Sunfuel reserves the right to change these Terms at any time. Sunfuel will inform you of such revisions by mail, email, on the Site, via the Services and/or by other means deemed appropriate and adequate by Sunfuel. By continuing to use the Services, you consent to the Terms, as updated. At any time, the then-current version of the Terms can be found on the Site.

CONTACT AND NOTICES

All notifications, questions, and comments to Sunfuel relating to these Terms can be submitted via e-mail to info@sunfuelelectric.com.