Terms and Conditions – Fleet App

Effective Date:Aug 26,2024

1. Introduction

The following terms of Use ("Terms of Use"), govern the access or Use by you (hereinafter referred to as the "User" or "You") of the website, proprietary software applications, and Fleet App of Indofast Swap Energy Private Limited (Company) accessed or used via any mobile phone handset, tablet or other electronic or communication device.

By accepting the terms herein, or by accessing, viewing, or using the Fleet App, You agree to be bound by these Terms of Use and they constitute Your binding, legal obligations towards the Company. These Terms of Use may be modified at any time by the Company and such changes will be published at Company’s website. You agree that it shall be Your responsibility to ascertain the changes to the Terms of Use by reviewing the Terms of Use from time to time. If You do not agree to the Terms of Use, You should not access, view, or use the Apps. Following are the definitions of user and user information.

A. Use or Used means to directly or indirectly access, activate, execute, utilise or employ the functional and processing capabilities of the Fleet App or otherwise utilise the Fleet App.

B. User Information means any information, image, file, list, web-link or such other material that is uploaded, entered, generated or encountered by You through Use of the Fleet App.

2. License to Use

We grant you a limited, non-exclusive, non-transferable license to use the Fleet App for your intended purposes. You may not copy, modify, or distribute the App without prior written consent from Company.

3. User Responsibilities

• A. Account Set-up:
• In order to Use the Fleet App, You may have to register for and maintain an account (Account). Account registration may require You to submit certain information such as Your name, email id, identification number/details, mobile phone number and any unique identifier that may be issued to You by the Company in case of an individual or organization details and associated information in case You are a legal entity other than an individual.
• You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information may result in your inability to access and use the Fleet App and/or result in suspension of the Account. You are responsible for all activity that occurs under your Account, and You agree to maintain the security and secrecy of your Account username and password at all times. You acknowledge and agree that You shall be liable for all consequences and liabilities arising out of any misuse of your Account.
• You hereby consent that any information submitted by you for Account set-up may be used by the Company in accordance with the Privacy Policy which is deemed to be part of these Terms of Use.
• B. Account Security: You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately if you suspect any unauthorized use of your account.
• C. Accurate Information:
• You represent that You have the rights and authorizations required to upload, generate, or publish all User Information through the Use of the Fleet App.
• All User Information will be used and processed in accordance with these Terms of Use and the Privacy Policy (which is deemed to be part of these Terms of Use).
• You agree that the User Information uploaded by You can be used and viewed by other third parties who access and use the Fleet App.
• D.Permitted Uses:
• You are permitted to use the Apps in accordance with these Terms of Use and definitive agreements entered into with the Company.
• You will use the Apps in accordance with all applicable laws and regulations.
• E. Prohibited Conduct: In relation to the Use and access of the Fleet App, You agree and undertake not to:
• Use the App to host, display, upload, modify, publish, transmit, update or share any information, material or content that does not belong to You.
• Use the App to create, host, publish, share or transmit material which infringes the copyright, trademark, patent, trade secret or other intellectual property or proprietary rights of any other party.
• Use the App to host, display, upload, publish, transmit, or share any information, material or content which is unlawful, harmful, harassing, defamatory, blasphemous, offensive, obscene, pornographic, pedophilic, libelous, invasive of others' privacy, hateful, racially or ethically objectionable, disparaging, relating or encouraging gambling, money laundering or engaging in activities which would cause offence to others on grounds of race, religion, creed, or sex or are otherwise unlawful in any manner.
• Use the App (including by hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information, material or content) to harm or attempt to harm minors in any way.
• Use the App (including by hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information, material or content) to impersonate another person.
• Use the App to host, display, upload, modify, publish, transmit, update or share any information, material or content that contains software viruses or any other computer codes, files or programs designed to harm or interrupt, destroy or limit the functionality of any computer resource.
• Use the App to host, display, upload, modify, publish, transmit, update or share any information, material or content that threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
• Use the App in any manner which is not permitted under these Terms of Use or re-sell the usage, functionalities or services provided by the App.
• Use the App for any unauthorized marketing purposes or for sending any unsolicited materials or advertisements.

4. Payments and Fees

For Fleet App users:

• You agree to pay all fees and charges incurred in connection with your use of the App, including payments for battery swaps, commissions, and services
• Payments are processed through a third-party payment processor, and we do not store payment information.

5. Refund and cancellation

Company aims to provide its customers quality services at all times. In the unfortunate event, if:

• The Customer Advance Account balance has been deducted and no service has been provided, OR
• The customer has been overcharged for services.

The customer has the right to request a refund by:

• e-mailing us at support@indofastenergy.com; OR
• directly reaching out to any authorized Swap Point.

The refund will be processed and added to the Customer Advance Account within fifteen (15) working days of confirmation of refund.

6. Service Availability

• While we aim to ensure that the App is available 24/7, we do not guarantee uninterrupted service. We may suspend or terminate access to the App at any time without notice, particularly in cases of maintenance or emergencies.
• We may remotely login to the App to troubleshoot in case there are issues being faced in the App.
• Company also holds the right to disable User login in case concurrent login attempts are identified under same User credentials.

7. Intellectual Property

You agree and understand that:

• the Fleet App including but not limited to the information, logos, designs, databases, the arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons incorporated therein are the sole property of the Company or its licensors. All intellectual property in and to the Apps and its contents and functionalities shall vest solely with the Company or its licensors.
• save for the limited right to access and Use the Fleet App in accordance with the Terms of Use, on a non-exclusive and non-transferable basis, there are no other rights being granted to You in the Fleet App or any of its contents and functionalities.
• You have no right to make any copies of the whole or part of the Fleet App.

8. Limitation of Liability

The Company shall not be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however, caused, whether or not it has been advised of the possibility of such damages. You acknowledge that the Fleet App are being provided to you on an "as-is" basis and you have chosen to Use the Fleet App at your own risk.

9. Termination

The Company reserves the rights to terminate Your access to the App at any time if You are in breach of these Terms of Use. You acknowledge the Company's rights set out in this Section 9 and waive any claim that You may have arising from such termination. Notwithstanding the termination of Your access to the App, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.

10. Force Majeure

In no event shall the Company be liable for failure or delay that is caused by strike, riot, fire, flood, natural disaster, pandemic/epidemic, government restrictions or other similar cause beyond the Company's control.

11. Wavier

No waiver of any provision of these Terms of Use shall be binding on the Company unless executed and notified by the Company in writing to You. No waiver of any of the provisions of these Terms of Use by the Company shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver.

12. Entire Agreement

These Terms of Use read along with the Privacy Policy shall constitute the entire agreement between You and the Company for Your access and Use of the Fleet App.

13. Severability

If any provision of these Terms of Use is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of these Terms of Use, which shall remain in full force and effect.

14. Governing Law

The Privacy Policy is governed by the laws of India (without regard to its conflict of laws principles). You irrevocably consent to the exclusive jurisdiction of the competent courts located at Bangalore, Karnataka, India for all disputes arising out of or relating to the Terms of Use.

15. Changes to Terms

We may update these Terms and Conditions periodically. When we do, we will notify you by posting the new version in the app and updating the "Effective Date."

16. Contact Information

If you have any questions or concerns about this Privacy Policy, please contact us at info@indofastenergy.com or 1800 309 5090.