1. Acceptance of these Terms
1.1These Terms & Conditions ("Terms") govern your access to and use of the "EVIT Charge" mobile application, the EVIT / EVI-Grid electric-vehicle charging network, and the website evi-grid.com (together, the "Service"), operated by EVI Technologies Private Limited ("EVI Technologies", "we", "us", "our").
1.2By downloading, accessing, or using the Service, you agree to be bound by these Terms and by our Privacy Policy and Refund & Cancellation Policy, which are incorporated by reference. If you do not agree, do not use the Service.
1.3These Terms constitute an electronic record under the Information Technology Act, 2000 and do not require a physical signature.
2. Eligibility
2.1You must be at least 18 years old and competent to contract under the Indian Contract Act, 1872 to use the Service and to create an account.
2.2By using the Service you represent that the information you provide is true, current, and complete, and that you will keep it updated.
3. Your account and OTP security
3.1You register using your mobile number and are authenticated by a one-time password (OTP) sent over SMS. You are responsible for maintaining the confidentiality of your device, OTP, and account.
3.2You are responsible for all activity under your account. Notify us immediately at support@evi-grid.com if you suspect unauthorised use.
3.3We may refuse, suspend, or terminate an account that we reasonably believe is fraudulent, in breach of these Terms, or used unlawfully, in accordance with Section 15.
3.4One person may hold one account unless we agree otherwise. You may not transfer your account.
4. The charging service
4.1Finding a station - the app shows charging stations on the EVIT / EVI-Grid network, including availability information. Availability, status, and location data are provided on a best-effort basis and may not always be accurate or real-time.
4.2Starting a session - you may start a charging session by scanning a QR code at the charger or through the app, following the on-screen and on-charger instructions.
4.3Reservation - where offered, you may reserve a charger for a limited window. Reservations may be subject to conditions, a hold, or a fee as shown in the app, and may be cancelled as described in the Refund & Cancellation Policy.
4.4Charging modes - depending on the charger, you may charge by energy (kWh), by time, or until the vehicle is full, and the session may stop automatically ("auto-stop") on reaching the selected limit, when the vehicle is full, on fault, or when wallet funds are exhausted.
4.5Metering and cost - the charger meters the session and the cost is calculated on the applicable tariff and captured from your wallet as described in Section 6 and the Refund & Cancellation Policy.
5. Tariffs, pricing, and charge-point operators
5.1Charging tariffs (per kWh, per minute, idle / parking fees, taxes, and any platform / convenience fees) are displayed in the app before you start a session.
5.2Tariffs are set by the relevant charge-point operator (CPO) and / or EVI Technologies where EVI Technologies operates the station, and may change from time to time. The tariff shown at the time you start a session applies to that session.
5.3Roaming / third-party chargers - some chargers accessible through the Service are owned or operated by third-party CPOs or partner networks. Those chargers are subject to the operator's tariffs, rules, and physical operation. We facilitate access, authorisation, and settlement but do not control the physical operation or uptime of third-party chargers.
5.4All prices are inclusive of or subject to applicable taxes as indicated. You are responsible for all charges incurred under your account.
6. Wallet, top-up, holds, and settlement
6.1The Service uses an in-app prepaid wallet. You top up the wallet through our payment gateway (Razorpay). We do not store your full card details.
6.2Prepaid hold - when you start a session, we may place a temporary hold on an estimated amount of your wallet balance (or, where supported, on your payment instrument) to cover the expected cost.
6.3Capture of actual - on completion of the session, we capture the actual amount due for the energy or time consumed at the applicable tariff.
6.4Release / refund of remainder - any held amount in excess of the actual amount due is released back to your wallet, or refunded to the original payment source, as described in the Refund & Cancellation Policy.
6.5The wallet is a prepaid facility for using the Service and does not earn interest. Treatment of unused wallet balance and refunds is governed by the Refund & Cancellation Policy and applicable Reserve Bank of India directions, as relevant.
6.6You must ensure sufficient wallet balance before or during a session. Sessions may auto-stop if funds are exhausted.
7. Acceptable use
7.1You agree to use the Service lawfully and only for charging your own or an authorised electric vehicle. You will not:
- use the Service to damage, tamper with, overload, or interfere with any charger, equipment, or the network;
- attempt unauthorised access to, or disrupt, the Service or its systems;
- use the Service fraudulently, including false disputes or chargebacks, or to evade payment;
- misrepresent your identity or use another person's account or payment instrument without authority;
- resell, sublicense, or commercially exploit the Service without our written consent;
- upload unlawful, infringing, or harmful content; or
- violate any applicable law or any charger-site rules.
8. User responsibilities and safe use
8.1You are responsible for ensuring that your vehicle, its battery, charging port, and connector are compatible with, and in a safe condition for, the charger you use.
8.2You must follow all safety instructions displayed on the charger, at the site, and in the app, and all applicable site and safety rules.
8.3You use charging equipment at your own risk and must not use any charger that appears damaged, faulty, or unsafe; report it to us or the operator instead.
8.4You are responsible for your own property and for lawful, courteous use of charging sites, including vacating the bay promptly after charging.
9. Third-party services
9.1The Service relies on third parties, including the payment gateway (Razorpay), SMS / OTP and notification providers, map providers, and charge-point operators. Your use of those third-party services may be subject to their own terms. We are not responsible for the acts, omissions, or availability of third parties except as required by law.
10. Intellectual property
10.1The Service, the "EVIT", "EVIT Charge", and "EVI-Grid" names and logos, the app, software, content, and design are owned by or licensed to EVI Technologies and are protected by intellectual-property laws. All rights not expressly granted are reserved.
10.2We grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the app for its intended purpose, subject to these Terms.
10.3You may not copy, modify, reverse-engineer, decompile, create derivative works of, or otherwise exploit the Service except as permitted by law or with our written consent.
11. Service availability and changes
11.1We aim to keep the Service available but do not guarantee uninterrupted or error-free operation. We may modify, suspend, or discontinue all or part of the Service, or any charger's availability, at any time, with or without notice, for maintenance, upgrades, operational, or legal reasons.
11.2Charger availability and uptime depend on factors outside our control, including the condition of third-party chargers, grid power, connectivity, and site access.
12. Electronic communications and notices
12.1You consent to receive communications from us electronically (in-app, SMS, email, or push notification), including service, transaction, and legal notices, which satisfy any legal requirement that a communication be in writing.
13. Disclaimers
13.1Save as expressly required by applicable law, including the Consumer Protection Act, 2019, the Service is provided on an "as is" and "as available" basis, and we disclaim all warranties, express or implied, including of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
13.2We do not warrant that any charger will be available, functional, compatible with your vehicle, or deliver any particular charging speed or uptime.
13.3We are not responsible for faults in, or damage caused by, third-party chargers, your vehicle, or equipment we do not own or operate, except to the extent such liability cannot be excluded under applicable law.
13.4Information in the app (such as station status, estimated cost, or charging time) is provided for convenience and may not be accurate or current. Nothing in this Section excludes liability that cannot lawfully be excluded.
14. Limitation of liability
14.1Nothing in these Terms excludes or limits our liability where it cannot be excluded or limited under applicable law - including liability for death or personal injury caused by our negligence, for fraud, or for any liability that the Consumer Protection Act, 2019 or other law renders non-excludable.
14.2Subject to Section 14.1, we are not liable for any indirect, incidental, special, consequential, or punitive loss, or for any loss of profits, revenue, data, goodwill, or opportunity, however arising.
14.3Subject to Section 14.1, our total aggregate liability arising out of or in connection with the Service, in any twelve-month period, shall not exceed the greater of (a) the total amounts you paid to us for the Service in the three (3) months immediately preceding the event giving rise to the claim, or (b) Rs. 5,000 (Rupees five thousand) [confirm cap figure with counsel].
14.4These limits apply to the maximum extent permitted by law and reflect a reasonable allocation of risk given the nature and pricing of the Service.
15. Suspension and termination
15.1You may stop using the Service and close your account at any time, subject to settling any amounts due and to the Refund & Cancellation Policy for your wallet balance.
15.2We may suspend or terminate your access, with notice where practicable, if you breach these Terms, if required by law, to protect the Service or other users, or on reasonable grounds of fraud or misuse. Where immediate action is needed for security or legal reasons, we may act without prior notice.
15.3On termination, your licence to use the app ends. Provisions that by their nature survive (including Sections 10, 13, 14, 16, 17, and 18) continue in effect. We will handle any wallet balance in accordance with the Refund & Cancellation Policy and applicable law.
16. Indemnity
16.1To the extent permitted by law, you agree to indemnify and hold harmless EVI Technologies and its officers, employees, and agents from third-party claims, losses, and reasonable expenses arising out of your breach of these Terms, your misuse of the Service, your violation of any law, or your infringement of any third party's rights. This indemnity does not apply to the extent a loss results from our own negligence or breach, or is otherwise non-excludable under law.
17. Force majeure
17.1We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, fire, flood, epidemic or pandemic, war, civil unrest, government action, strikes, power or grid failure, internet or telecom failure, or failure of third-party infrastructure or operators.
18. Grievance redressal, governing law, and jurisdiction
18.1Grievance Officer - for any complaint about the Service or these Terms, contact our Grievance Officer: [Grievance Officer Name], [Grievance Officer Email] / [Grievance Officer Phone]. We will acknowledge within 48 hours of receipt and endeavour to resolve within 30 days, consistent with the Consumer Protection (E-Commerce) Rules, 2020.
18.2Governing law - these Terms are governed by and construed in accordance with the laws of India.
18.3Jurisdiction - subject to Section 18.4, the courts at [Jurisdiction City], [Jurisdiction State] shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.
18.4Consumer rights preserved - nothing in these Terms limits any right you have as a consumer under the Consumer Protection Act, 2019, including the right to approach the appropriate consumer dispute redressal commission at the forum the law allows.
19. General
19.1Entire agreement - these Terms, the Privacy Policy, and the Refund & Cancellation Policy are the entire agreement between you and us regarding the Service.
19.2Severability - if any provision is held invalid or unenforceable, the rest remains in effect and the invalid provision is read down to the minimum extent necessary.
19.3No waiver - our failure to enforce a provision is not a waiver of it.
19.4Assignment - you may not assign these Terms without our consent; we may assign them to an affiliate or successor on notice.
19.5Changes to Terms - we may update these Terms from time to time and will post the updated version at evi-grid.com and, where material, notify you in-app. Continued use after an update constitutes acceptance of the updated Terms.
19.6Contact - EVI Technologies Private Limited, [Registered Office Address], CIN [CIN], support@evi-grid.com.