TERMS OF USE OF THE PLATFORM

This ‘Terms of Use’ is formulated and published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires the publication of Terms of Use and Privacy Policy for access or usage of a website. This Terms of Use agreement (the “Agreement“) governs your use of this website https://www.kurrentcharge.com/, and the corresponding mobile application (collectively, the “Platform“). The Platform is owned and operated by Numocity Technologies Private Limited, a private limited company registered under the provisions of the [Indian] Companies Act 2013 having its registered office at Bengaluru, Karnataka, India (the “Company”). The Company reserves the right to modify the terms contained in this Agreement at any time by posting such modifications on the Platform.

The modified Agreement would be effective from the date of modification that is posted by the Company on the Platform. If you do not agree to any term that is contained in this Agreement, please immediately cease your use of the Platform.

Terms of Offer. The Platform operates a digital platform that enables users to discover nearby community EV charging stations in apartments, malls, shopping areas and public places. Users may use the Platform to top up their account using any credit card / debit card / UPI or wallet and use the credits to charge their vehicle on the go (the “Services”).

Proprietary Rights. The Company has proprietary rights in the Platform and you may not copy or reproduce the Platform or any of its components in any manner. The Company also has rights to all trademarks and trade dress and specific layouts of every page of the Platform, including calls to action, text placement, images and other information.

The Company grants you a limited sub-license to access and make personal use of the Platform, but not to download (other than page caching or mobile app but from Apple Store and Play Store only) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Application or any portion of the Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Application or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the prior express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, ‘password mining’ or any other illegitimate means.

Taxes. You shall be responsible for the payment of any tax that accrues to you under applicable law as a result ofyour use of the Platform.

This Agreement and the Services provided by the Platform are available to any person over the age of eighteen (18) years who registers on the Platform in the manner provided herein. Persons below the age of eighteen (18) shall not be entitled to use the Platform or the Services, unless such use is through the User account of a parent or legal guardian.

All Users have to register and login for using the Platform. You must keep your account and registration details current and correct for communications related to you using the Platform. By agreeing to the Terms of Use, the User agrees to receive promotional communication and newsletters from the Company and its partners. The User can opt out from such communication and/or newsletters either by unsubscribing on the Platform itself, or by writing to Grievance@numocity.com.

The User shall read and understand the Privacy Policy available at  https://play.google.com/store/apps/details?id=com.namp.kurrent  (Android app) or  https://apps.apple.com/in/app/kurrent-charge/id1546715144 (iOS app)  so as to ensure that he or she has the knowledge of, (i) certain information that may be collected by the Platform; (ii) the purpose of collection and the use that such information is put to; and (iii) the entity that collects and retains the information etc.

Each User represents and warrants to the Company that the content uploaded by them on the Platform shall not infringe the intellectual property rights of any person.

Content; Intellectual Property; Third Party Links. In addition to providing the Services as stated above, the Platform may also offer other information related to the Services either directly or through indirectly through links to third-party websites. The Company may not be the sole owner of all the information that is made available on the Platform. The proprietary rights to all information that is created by the Company and made available on the Platform shall belong to the Company alone. Unauthorized use of any content or material that is available on the Platform may violate intellectual property rights of other parties. You shall use the content on this Platform only for personal, non–commercial use. Any links to third-party websites that are provided on the Platform are for convenience and does not amount to the Company being responsible, in any manner, for such third party websites and their content. You may use such third party content at your own risk.

The Platform shall not be used by you for any illegal or unlawful purpose. Your use of the Platform shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Platform by other Users or Users, and you shall not engage in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication.

By using this Platform, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Platform in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the Company or the applicable third party (if content belonging to such third party is being used).

Please note that the Company is only an “intermediary” as defined in Section 2(w) of the Information Technology Act, 2000 and can only control the information and content posted by itself on the Platform. The Company does not have the ability to control User/User-generated content on the Platform. You are solely responsible for your interactions with other Users/Users and any content you post. The Company may monitor interactions between Users and remove any content from the Platform that it considers objectionable or inappropriate. 

You not host, display, upload, modify, publish, transmit, update or share any information that:

The Company retains the right to remove from the Platform any content that contravenes any of the above conditions.  

You are accessing the Services available on the Platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the Platform.

The Company is not liable for any issues or shortcomings in the use of the charging stations that are physically operated by third party charge point operators (CPOs).

The warranty, quality and genuineness of the services provided by such CPOS is the responsibility of the CPOsoperating such services.

User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the Service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the Service or/and resulting from unauthorized access to or/and alteration of User’s transmissions or/and data or/and arising from any other matter relating to the Service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent.

User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned on the Platform be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Platform or the Platform material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Platform or otherwise disclosed, submitted or offered in connection with use of the Platform (collectively, the ‘Comments’) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.

The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way.

The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the Platform will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Platform will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Platform. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.

Further, any reliance placed on Comments available on the Platform from a third party shall be at your sole risk and expense.

You shall indemnify, defend and hold harmless the Company as well as each of its representatives, employees, contractors, agents, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the Platform content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Platform.

If and when so required, the Company may seek written assurances from you regarding your undertaking to indemnify the Company, and your failure to provide such assurances would amount to a material breach of this Agreement. The Company may participate in any legal proceedings where you are defending a third party claim related to your use of any of the Platform. You shall notify the Company of any third party legal proceeding that is initiated in relation to the Platform or the Services, to which legal proceeding you are a party.

Please refer to the Platform Privacy Policy at https://play.google.com/store/apps/details?id=com.namp.kurrent (Android app) or https://apps.apple.com/in/app/kurrent-charge/id1546715144 (iOS app), incorporated by reference herein, for information on the policy of the Company with respect to personal and sensitive information that is provided by the Users to the Platform.

If you have any questions or grievances regarding the Platform, or the contents thereof, you may reach out to [Kumaraswamy KS, VP Business Operations] of the Company’s customer support at Grievance@kurrentcharge.com (the “Grievance Officer”). The Grievance Officer shall address any complaint or grievance that is raised by a User within a period of one (1) month from when it is raised.  

Although the Platform may be accessible worldwide, the Company makes no representation that materials on the Platform are appropriate or available for use in locations outside India or that the Platform complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Platform from territories where the content of the Platform and/or the provision of the Services is deemed illegal is prohibited. Users accessing the Platform from locations outside India do so at their own risk and are responsible for compliance with local laws that are applicable to them. Any offer for any Service, and/or information made in connection with the Platform is void where prohibited.

Force Majeure. The Company shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, pandemic, labor strike, lockout, or boycott. The Company may at any time, in its sole discretion and without advance notice to you, cease operation of the Platform.

Entire Agreement. This Agreement along with the Privacy Policy comprises the entire agreement between you and the Company with respect to the use of the Platform.

No Waiver. A delay or failure by the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Notices: All notices given to you by the Company or by you to the Company shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally-recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:

Notice to the Company:

• Numocity Technologies Private Limited
• 1659, 5th Cross, 6th Main
• RPC layout, Vijayanagar II Stage, Bangalore 560040

Notice to User:

At the email address provided by you at the time of registration on the Platform.

Governing Law; Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:

This Platform originates from the State of Karnataka in India. This Agreement will be governed by the laws that are applicable in the State of Karnataka. By using this Platform, you consent to the jurisdiction and venue of the courts located in Karnataka, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

Termination. The Company may terminate your access to the Platform without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.