Last updated: 2022-08-05
Welcome to Evoltion Private Limited (“Company”, “we”, “our”, “us”)! These Terms of Service (“Terms”, “Terms of Service”) govern your use of our website located at evoltion.in (together or individually “Service”) operated by Evoltion Private Limited.
Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages.
Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.
If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at info@evoltion.in so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.
By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at info@evoltion.in.
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.
Content found on or through this Service are the property of Evoltion Private Limited or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
0.1. In any way that violates any applicable national or international law or regulation.
0.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
0.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
0.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
0.5. In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
0.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
0.1. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
0.2. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
0.3. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
0.4. Use any device, software, or routine that interferes with the proper working of Service.
0.5. Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
0.6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
0.7. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
0.8. Take any action that may damage or falsify Company rating.
0.9. Otherwise attempt to interfere with the proper working of Service.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Service is intended only for access and use by individuals at least teen (18) years old. By accessing or using Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Evoltion Private Limited and its licensors. Service is protected by copyright, trademark, and other laws of and foreign countries. Our trademarks may not be used in connection with any product or service without the prior written consent of Evoltion Private Limited.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to info@evoltion.in, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims” You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
0.1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
0.2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
0.3. identification of the URL or other specific location on Service where the material that you claim is infringing is located;
0.4. your address, telephone number, and email address;
0.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
0.6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at info@evoltion.in.
You may provide us either directly at info@evoltion.in or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that:
(i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback;
(ii) Company may have development ideas similar to the Feedback;
(iii) Feedback does not contain confidential information or proprietary information from you or any third party; and
(iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
Our Service may contain links to third party web sites or services that are not owned or controlled by Evoltion Private Limited.
Evoltion Private Limited has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
If you wish to terminate your account, you may simply discontinue using Service.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
These Terms shall be governed and construed in accordance with the laws of India, which governing law applies to agreement without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.
Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Please send your feedback, comments, requests for technical support by email: info@evoltion.in.
These Terms of Services (referred as “Terms”) govern the use of evolution.in and its apps for the purchase of plug-in electric vehicles (“EVs”) parts and making bookings at EV charging stations, and related promotions, offers, programs, applications, and products (referred as “Services”) made available to you by Evoltion Pvt. Ltd.
These Terms affect your rights and are important. Please read them carefully. Each provision contains important information about the Services provided to you. These terms limit liability of Evoltion Pvt. Ltd. in the event of a dispute as well as limit the remedies available to you.
By accessing or using the evoltion.in and its apps, you agree to be bounded by these Terms. If in case you don’t agree with these Terms, do not access or use the Services. These Terms expressly supersede/supplement prior agreements or arrangements with you for different Services.
Evoltion Pvt. Ltd. may amend these Terms from time to time. Amendments will be effective after they have been posted on evolution.in Continuation of access or use of the Services after such notice and posting confirms your consent to be bound by the Terms, as amended. Do not continue to use the Services, if you disagree with the amended terms.
Evoltion Pvt. Ltd. reserves the right to investigate and reported violations of these Terms. It may take any appropriate action, including but not limited to reporting any suspected unlawful activity to law enforcement officials and disclosing any information necessary relating to your Account, IP addresses, usage history, and traffic information.
Registration of an account on evolution.in and its apps require you to submit to Evoltion Pvt. Ltd. certain personal information, such as your name, mobile phone number, address, and age and at least one valid payment method supported by evoltion.in and its apps. You agree and commit to maintain accurate, complete, and up-to-date information in your account. In case you fail to maintain accurate, complete, and update account information, including having an invalid or expired payment method on file, it may result in additional fees and/or your inability to access or use the Services.
Responsibility for all the activity that is executed via your account lies with you. You commit to maintain the security and secrecy of your account’s username and password at all times. Unless otherwise permitted by Evoltion Pvt. Ltd.in writing, you may only possess one account on evoltion.in and its apps. You must not authorize third parties to use your account.
To modify or terminate your account or Services, login to the website (evoltion.in) or mobile app, or email at info@evoltion.in or call at +91-8709749932.
Evoltion Pvt. Ltd. may terminate these Terms or any Services, or deny access to the Services or any portion thereof or generally stop offering any Services, at any time with immediate effect for any reason at its sole discretion. If Evoltion Pvt. Ltd.decides to terminate your Account and/or your use of the Services, you will be responsible for payment for any Services used, but not yet paid for, and any other fees due, as of the date of such termination. In addition, if applicable, Evoltion Pvt. Ltd. may collect damages from you in connection with your breach of these Terms, and may exercise any other remedies available to Evoltion Pvt. Ltd.
Upon termination of Services or your Account, your method of payment will be charged for any unbilled amounts and any other fee dues.
Upon completing registration on Evoltion.in or its apps, you will be granted access to Services using a valid authentication method, which may include an RFID access card and/or a mobile authentication method (“Access Credential”). Your Access Credential will enable you to use EV charging stations across the Evoltion.innetwork to charge your EV.
You are responsible for all the charges incurred through use of your Access Credential linked to your Account. In the event of a lost or stolen Access Credential, you are responsible for notifying Evoltion Pvt. Ltd.by sending an email to info@evoltion.in or calling +91-8709749932. You agree to be liable for any and all charges incurred due to usage of the lost or stolen Access Credential until Evoltion Pvt. Ltd.has been notified.
EV Charging Stations may be located and hosted on a third party’s property (any such third party is hereby referredto as “Host”). As such, you agree to observe and obey any and all rules set by Hosts pertaining to their property and the use of EV charging stations, including but not limited to parking restrictions, parking time limitations, and hours of operation.
You are solely responsible for any damage, fees, penalties or loss levied due to noncompliance of any Host rules by you.The Host has the right to share your data with their employees for any performances reasons. By using the EV charging station, you agree to the data sharing policy of the Host.
If any equipment malfunction occurs or there is a technical issue with your Access Credential or an EV Charging Station, please call +91-8709749932 or the contact number located on the EV Charging Station. To ensure the quality of the Services, you consent Evoltion Pvt. Ltd. to monitor and record calls between you and Evoltion Pvt. Ltd.
While Evoltion Pvt. Ltd. uses its reasonable efforts to make the Services available, the 24/7 availability of the Services is not guaranteed. Because evolution.in and its apps provide self-service operation, Evoltion Pvt. Ltd shall not be liable if: (a) Parking Space is unavailable at any particular location; or (b) Host is incapable of honoring a reservation in the event of an occurrence which can’t be controlled by Evoltion Pvt. Ltd.’s, such as the parking of an unauthorised vehicle in the space allotted to you at the time reserved.
If, for any reason, Services are completely unavailable for a period of more than five (5) days, Evoltion Pvt. Ltd. will provide the applicable remedy.
By using our Services, you agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes.
You may not use the Services
(i) in any way that could cause harm, nuisance, annoyance, inconvenience, damage or adversely affect any person or Evoltion Pvt. Ltd.’sreputation or property, including EV charging stations, or
(ii) in any way prohibited by these Terms, any supplemental terms or other Evoltion Pvt. Ltd.policies. Additionally, you may not attempt to repair, physically modify, reverse engineer or derive source code from any EV charging station.
You acknowledge and agree that EV charging station equipment manufacturer (manufacturer can also be Evoltion Pvt. Ltd.) has reserved all right including titles, intellectual property, associated with EV Charging Station equipment and that you will not take any action that would cause, or by inaction permit any impairment of any of these and respect the overall legal rights of the manufacturer.
You and Evoltion Pvt. Ltd. agree that any dispute arising out of or relating to (a) breach, termination, enforcement, interpretation or validity of these Terms or (b) your access to or use of the Services at any time, whether before or after the date you agreed to the Terms, will be settled by binding arbitration between you and Evoltion Pvt. Ltd., and not in a court of law.
The arbitration will be administered by the Indian Council of Arbitration in accordance with the “Rules of Arbitration of the Indian Council of Arbitration” as listed on the website http://www.intracen.org/Rules-of-Arbitration-of-the-Indian-Council-of-Arbitration/.
The parties agree that the arbitrator, and not any court or agency, shall have exclusive authority to resolve any disputes related to the applicability, interpretation, enforceability or formation of this Arbitration Agreement. This includes any claim that all or any part of this Arbitration Agreement is void or voidable.