Unless the context otherwise requires, or unless defined in the body of the T&C Agreement, the capitalized words and phrases used in this T&C Agreement shall have the meaning ascribed to such words and phrases in this section.

Account
Account shall mean the account created by the User on the Application, or through the support team of Hopcharge, for the purposes of procuring the Services offered by Hopcharge, in accordance with Registration And Account section of this T&C Agreement

Ad-hoc Service(s)
Ad-hoc Service(s) shall mean the Services provided by Hopcharge, other than the Services under Hopcharge Subscription, as defined in Hopcharge Terms And Conditions Of Services section of this T&C Agreement

Applicable Law
Applicable Law means the national, state, provincial, and local: (i) laws, ordinances, regulations, and codes; and (ii) orders, requirements, directives, decrees, decisions, judgments, interpretive letters, guidance, notifications, and other official releases of any regulator that are applicable to Hopcharge, its affiliates, the Services, the Users or the Owner, or any other matters relating to the subject matter of this T&C Agreement

Cancellation Fee
Cancellation Fee shall mean the fee payable by the User, or the Owner, for cancellation of Services already procured by such User or Owner

Charging Session
Charging Session shall mean the period between the start and stop of an EV charging system, used to charge an EV, up to the optimum level, depending on the battery of the EV

EV
EV shall mean the compatible electronic vehicle for which Services are being provided by Hopcharge

Hopcharge Subscription
Hopcharge Subscription shall mean the subscription plan provided by Hopcharge, for procurement of Services in various time blocks

Service Fee
Service Fee shall mean the fee payable by the User or the Owner for availing the Services, at their location

Service(s)
Service(s) shall mean the off-grid, on-demand EV charging services provided by Hopcharge, through its Application or otherwise, and shall include the Hopcharge Subscription service and Ad-hoc Services

Subscription Fee
Subscription Fee shall mean the fee payable for Hopcharge Subscription

Total Fee Payable
Total Fee Payable shall mean and include the Usage Fee, the Service Fee, or the Cancellation Fee and taxes on the Services, as may be applicable from time to time

Usage Fee
Usage Fee shall mean the amount payable by the User or the Owner, for the energy consumption during a Charging Session

• By installing, operating, or using the Application, or procuring the Services of Hopcharge in any other manner, the User or the Owner, acknowledges and agrees to the conditions specified in this T&C Agreement.
• Unless otherwise specified in this T&C Agreement, the T&C Agreement is applicable to procurement of Services, including but not limited to the supportive services and information posted on the Application or the website of Hopcharge i.e., https://hopcharge.com/ (“Website”).
• By accepting the terms of the T&C Agreement, the User or the Owner, also allows Hopcharge, to send promotional alerts on their registered e-mail address or phone number.
• The agreement of the User or the Owner to this T&C Agreement shall operate as a binding agreement between Hopcharge and the User or the Owner, in respect of the access and usage of the Application (if Services are procured through the Application), the Website, and procurement of any Services offered by Hopcharge.
• Hopcharge may specify additional or supplemental terms, that are applicable to the Services or any part of it, and such terms shall be disclosed to the User or the Owner, through an amendment to the T&C Agreement or through any document issued for such supplemental services. Such supplemental terms shall be deemed to be applicable to the User or the Owner, in addition to the terms under this T&C Agreement.
• By using this Application or procuring Services in any other manner, the Users and the Owner shall:
  • qualify as consumers, in accordance with the Applicable Law
  • be competent to enter into a contract under Applicable Law
  • have carefully gone through and have complete knowledge of the terms of the T&C Agreement and
  • not be affiliated to or be part of any organization named in the list of banned organizations as maintained by Government of India

Content Of This Application

• This Application is provided by:

  EVQ Technologies Pvt. Ltd.
  Gurugram, India
  hello@hopcharge.com

• Unless otherwise specified or clearly recognizable, all content available on this Application is owned or provided by Hopcharge or its licensors.
• The Application has been provided to facilitate the procurement of Services by the Users and to make payments for the Charging Session in accordance with this T&C Agreement.

Software License

• Any intellectual or industrial property rights, and any other exclusive rights on software or technical applications embedded in or related to the Application or its content, or the Website are held by Hopcharge and/or its licensors.
• Subject to Users’ compliance with and notwithstanding any divergent provision of this T&C Agreement, Hopcharge merely grants Users a revocable, non-exclusive, non-sublicensable and non-transferable license to use the Application within the scope and for the purposes of procuring the Service offered ("License”).
• The License does not grant Users any rights to access, usage, or disclosure of the original source code. All techniques, algorithms, and procedures contained in the software and any documentation thereto related, is Hopcharge’s or its licensors’ sole property.
• All rights and the License granted to the Users shall immediately terminate upon the termination or expiration of this T&C Agreement.
• Without prejudice to the above, under this License, Users are eligible to download, install, use, and run the Application on multiple devices, provided that such devices are common and up-to-date in terms of technology and the contact details used for the opening of each Account is unique.
• Users shall not copy, share, modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer, or assign to third parties or create derivative works from the content available on the Application, nor allow any third party to do so through the User or their device, even without the User’s knowledge.
• The User agrees not to use any device, software, or routine to interfere, or attempt to interfere with the proper working of the Application or any transaction being conducted on the Application, or with any other person's use of the Application.
• Hopcharge reserves the right to release updates, fixes, and further developments of the Application and/or its related software and to provide them to Users for free or on payment of a fee. Users shall be required to download and install such updates to continue using the Application and/or its related software.
• The Services shall be provided, and access to the Website and the Application shall be granted, in accordance with the Privacy Policy.
• Downloading The Application
  
  • The Users shall download the Application through a third-party web store. To access such downloads, Users must follow the instructions provided on the relevant third-party web store, which may vary depending on the particular device in use.
  • Unless otherwise specified, the act of downloading the Application through third-party web stores shall be subject to such third-party web store’s terms and conditions, which, in case of any inconsistency or conflict, shall prevail upon this T&C Agreement.
  • Users downloading through such third-party web stores shall be in compliance with the terms and conditions of the third-party web store, and Hopcharge, shall in no way be liable for any loss or damage arising out of the download of Application from such third-party web store.
  • Users acknowledge and accept that in order to download and/or use the Application, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.
  • Although the entire contractual relationship relating to these Services is entered into solely by and between Hopcharge and the Users, Users acknowledge and agree that, where this Application has been provided to them via third-party web store, such third-party web store, may enforce the terms in this T&C Agreement, in addition to its own terms and conditions, as a third-party beneficiary.
• Third Party Beneficiaries And Access
  
  • The Application may provide Users with access to other external resources provided by third parties. Users acknowledge and accept that Hopcharge has no control over such resources and is therefore not responsible for such external content and its availability.
  • Any external content or access provided by third parties shall be governed by Applicable Law and the terms and conditions applicable to such external content or access, as provided by the relevant third-party.
  • Hopcharge shall not be liable to Users or the third-party for any loss or damage arising out of the usage of such external content and services, being provided by third parties.

Usage Of The Application

• The Application and Services provided by Hopcharge shall only be used within the scope of what they are provided for, under this T&C Agreement and the Applicable Law.
• The User is solely responsible for making sure that the use of this Application and/or the Services does not violate Applicable Law, the T&C Agreement, or third-party rights.
• The User shall access and use the Application to obtain information regarding the Services provided by Hopcharge, locations, and other content and features that Hopcharge makes available from time to time.
• The Users acknowledge and agree that, while Hopcharge has attempted to provide accurate information on its Website and the Application, such information is subject to revision and in no event shall Hopcharge be responsible for the accuracy, usefulness or completeness of any information, materials, or other content on or related to the Website, or Application, nor does it warrant that any such information, materials, or other content are the most current version thereof.
• The content on the Website, is for informative purposes only, and does not facilitate the procurement of Services in any manner. Hopcharge may, from time to time, provide additional services through its Website.
• Hopcharge reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to their Account, or Application, or Services, terminating this T&C Agreement, reporting any misconduct performed through the Application or Services, to the competent authorities, whenever the Users:
  • violate Applicable Law and/or this T&C Agreement
  • infringe any third-party rights
  • considerably impair Hopcharge’s legitimate interests or
  • offend Hopcharge or any third party

Registration And Account

• The User acknowledges and accepts that access to the Application is granted on registration of the User and opening of an account (“Account”). Users shall be required to provide their personal details which shall include, but not be limited to, their name, contact details, address, details of EV (including details pertaining to registration and battery), for opening an Account on the Application (“Registration Data”).
• Users shall:
  • provide complete and accurate Registration Data
  • update the Registration Data, if and when it changes
  • maintain the confidentiality and security of the Registration Data and Account and
  • not allow any person to use their Registration Data, to gain access to the Application
• The User is responsible for all activities that occur under his Account. Hopcharge may require a User or Owner to provide proof of identity and/or proof of ownership of the EV, and the User or Owner agrees that Hopcharge has a right to deny Services if such proof of identity or ownership is not provided.
• Hopcharge reserves the right to suspend or terminate User’s Account, with immediate effect and for an indefinite period, if the Registration Data or any other data provided by the User is incorrect or false, or that the security of the Application has been compromised in any way, or for any other reason Hopcharge may find just or equitable.
• If the User believes that the Account has been disabled in error, the User shall provide a written explanation, with the reasons for such error and send the same to the contact details provided in this T&C Agreement. Restoration of the Account, shall be considered by Hopcharge, based on the explanations provided by the User.
• Hopcharge allows the User to link his contact details to only 1 (one) Account. For sake of clarity, User can download and use the application on multiple devices, however, the User shall not link his contact details with multiple Accounts. In case of any unauthorized use of the User’s Account, Users should immediately contact and inform Hopcharge.

Services

• Notwithstanding anything mentioned elsewhere in this T&C Agreement, the User or the Owner eligible to procure Services from Hopcharge on the basis of payment of fees, shall be limited to the following:
  • User or Owner located in the area currently serviceable by Hopcharge
  • User or Owner who owns an EV, compatible with the systems of Hopcharge as notified through the Application and
  • User or Owner having a valid registration and comprehensive insurance policy for the EV, in accordance with the Applicable Law
• The time slot for which the Services are available shall be provided in the Application. Users have the option to select a Service and schedule it for the relevant time slot at their own convenience.
• The Services of on-demand, off-grid, remote charging of EV (“Ad-hoc Service(s)”) can be procured by the User or the Owner, by providing the following information:
  • the model of the EV
  • schedule of Charging Session
  • location where Services are to be obtained
  • current charge of the battery of the EV
  • required level of charge for the EV and
  • on payment of the fees applicable
• In addition to the information provided above, Hopcharge may at any time, require the User or the Owner to provide other information prior to booking a Charging Session under Ad-hoc Services.
• When a booking request for Ad-hoc Service is received from the User, Hopcharge shall confirm or decline the booking based on the location of the Owner and the time slots available. Availability of Charging Session shall be confirmed through the Application.
• The Application may notify the User or the Owner of the estimated time period of each Charging Session, based on the current charge of the EV and the required level of charge. The User agrees that such time estimate is just for information purposes and may vary. Hopcharge shall not be liable to the User or the Owner for any variance in such time estimate provided for each Charging Session.
• The User shall review the Total Fee Payable and check the booking details, including but not limited to booking time and booking location, and if there is any correction, the same needs to be informed to Hopcharge immediately.
• All notifications related to the booking of Service may be sent to the email address provided by the User as part of Registration Data.
• In addition to procuring a Service through the Application, the Owner of an EV, can also make direct booking over phone or messaging.
• The act of booking any Service on the Application or otherwise, determines the conclusion of a contract of procurement of Services, governed by this T&C Agreement and obligates the User or the Owner to pay the Total Fee Payable for the Service procured.
• In case the Service is procured by the owner, directly over phone, the Owner is required to provide personal information or data, specifications of EV, location of EV, date, and time preferred for the Charging Session.
• The User or the Owner agrees that during a Charging Session or while procuring the Services of Hopcharge through the Application or otherwise, the User or the Owner shall not cause any nuisance, annoyance, inconvenience, or property damage, whether to Hopcharge or any third-party service provider.
• Payment Of Fees
  
  • User or Owner shall review the Total Fee Payable for the Ad-hoc Services provided, on the Application, or intimated by Hopcharge in any other manner, while booking the Charging Session for the EV registered.
  • Total Fee Payable shall comprise of the Usage Fee, Service Fee, and the applicable taxes.
  • The Total Fee Payable shall be collected by Hopcharge through the Application, on the booking of Ad-hoc Service. Where the Ad-hoc Services have been directly booked by the Owner over phone, the Owner shall be required to pay the Total Fee Payable for the Charging Session, as intimated by Hopcharge through the link sent by Hopcharge on the contact details provided by the Owner.
  • A receipt for the Total Fee Payable for the Charging Session shall be generated through the Application at the end of the Charging Session.
  • All payments are independently processed through third-party payment interface or platform. Payment methods through third-party payment interface or platform shall be available subject to any additional conditions or fees, as per the applicable terms and conditions of the third-party payment interface or platform.
  • Any payment related issue, except when such issue is due to an error or fault of the Application, shall be resolved between the Users or the Owners, and the third-party payment interface or platform. Hopcharge shall not be responsible for the saving of payment data on the Application or any unauthorized use of the payment data of the User or the Owner during or after availing the Services.
  • If payment through the available methods fails or is refused by the third-party payment interface or platform, Hopcharge shall be under no obligation to provide the Service booked. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User or the Owner.
  • Users or the Owners shall not reproduce, duplicate, copy, sell, resell, or exploit any portion of its Services without the Hopcharge’s express prior written permission, granted either directly or through a legitimate reselling program.
• Hopcharge may, through the Application, provide an option for the User to review the Services provided by Hopcharge. The User agrees that any review provided shall not be abusive, obscene, threatening, defamatory, an invasion of privacy, or infringing intellectual property or third-party rights.
• Hopcharge may provide the User with promotional codes that may be redeemed during booking of the Ad-hoc Service, subject to any additional terms that Hopcharge stipulates on a per promotional code basis ("Promo Codes").
• On being provided with a Promo Code, the User agrees that:
  • it must be used by the User for the specific EV for which the Promo Code has been provided
  • it will be used in a lawful manner in accordance with the Applicable Law
  • the Promo Code shall not be duplicated, sold or transferred in any manner and
  • may be discontinued by Hopcharge at any time for any reason without incurring any liability for such discontinuation
• Hopcharge may also provide the User with referral codes that may be used by the User to invite other Owners or person ("Invitee”) to use the Application (“Referral Code”). On use of such Referral Code, the User and the Invitee shall be eligible for such benefits as stipulated by Hopcharge on a per Referral Code basis.
• On using a Referral Code, the User and the Invitee agree that:
  • such Referral Code are strictly subject to availability
  • Referral Codes are non-transferable, non-negotiable and non-refundable, and have no cash value or cash alternative
  • it will be used in a lawful manner in accordance with the Applicable Law
  • if the Referral Code is used incorrectly, the User and Invitee shall not be eligible for any benefits granted by Hopcharge through such Referral Code
  • the Referral Code may be used only to such extent and as many times as may be allowed by Hopcharge
  • the Referral Code shall be redeemed in accordance with this T&C Agreement and any supplemental terms and conditions specified by Hopcharge
  • the use of Referral Code may be discontinued by Hopcharge at any time for any reason without incurring any liability for such discontinuation
  • to the fullest extent permitted by Applicable Law, Hopcharge shall not be liable for any loss or damage arising from use of the Referral Code
• Hopcharge reserves the right to withhold or deduct from the Total Fee Payable or the Subscription Fee any amount, if the User applies the Promo Code or the Referral Code in error, or in a fraudulent or illegal manner in violation of the T&C Agreement or the Applicable Law.

Subscriptions

• Hopcharge allows Users, through its subscription model Hopcharge Subscription, to receive a Service continuously or regularly over a period of time, as may be determined by Hopcharge and informed through the Hopcharge Subscription document.
• The Hopcharge Subscription may be monthly, bi-monthly or for any period of time specified by Hopcharge and may allow a User to register 1 (one) EV or multiple EVs, on the Application and pay for its Charging Sessions at a discounted rate.
• The details of benefits available and terms of the Hopcharge Subscription shall be set out in the Hopcharge Subscription document. In addition to the T&C Agreement, the Hopcharge Subscription shall be governed by the terms and conditions stipulated in the Hopcharge Subscription document.
• The Hopcharge Subscription shall begin on the day of payment of the Subscription Fee. The Users shall be entitled to the benefits provided under Hopcharge Subscription, only on timely payment of the recurring Subscription Fee.
• The Total Fee Payable for a Charging Session under the Hopcharge Subscription shall be waived, and only the Subscription Fee shall be payable, which shall be stipulated in the Hopcharge Subscription document. On exceeding the number of Charging Sessions set out in the Hopcharge Subscription document, or the expiry of the Hopcharge Subscription, the additional Charging Session shall be treated as an Ad-hoc Service and the User shall pay the Total Fee Payable.
• The Hopcharge Subscription model and the benefits offered, are subject to change, limited by location, and are contingent on the model of the EV.

Termination

• Notwithstanding any other rights available to Hopcharge under this T&C Agreement, Hopcharge may at its sole discretion suspend or terminate the provision of the Services and/or Hopcharge Subscription (where applicable) without prior notice and without liability to the User or the Owner in any of the circumstances set out below:
  • if Hopcharge becomes aware or has reason to believe that the Services or any part thereof are being utilized by the User or the Owner in an unauthorized, unlawful or fraudulent manner, or has been compromised, or may have been used for criminal activities
  • if the User or Owner, fails to make payment of the Total Fee Payable or the Subscription Fee or such other sums that are due and owing to Hopcharge
  • if the User or the Owner breaches or if Hopcharge has reason to believe that the User or the Owner may be in breach of this T&C Agreement and
  • if the User or the Owner fail to accept the revised terms and conditions of the T&C Agreement or the Privacy Policy
  • for reasons outside the control of Hopcharge, if there is an emergency, occurrence of Force Majeure event, for the health and safety of the User or the Owner, and/or members of the public
• The User can at any time request Hopcharge to close or terminate the User’s Account. Upon the closure or termination of the User’s Account for any reason whatsoever, User shall no longer be permitted to utilize any Services, and Hopcharge shall not be obligated to make available to the User any Services. For the avoidance of doubt, the User shall not evade any legal proceedings or investigations by closing or terminating the Account or if the Account is terminated by Hopcharge. The User shall remain liable for all obligations in relation to the Account even after the Account is cancelled or terminated.
• Where applicable, the closure or termination of the Account shall terminate the Hopcharge Subscription plan automatically. The User acknowledges that an early termination fee shall be imposed in accordance with the Hopcharge Subscription, if the User terminates the Account or the Hopcharge Subscription plan prematurely.
• Within the limits of the Applicable Law, Hopcharge may also decide to suspend or terminate the Service altogether. If the Service is terminated, Hopcharge shall cooperate with Users to enable them to withdraw personal data or information in accordance with the Privacy Policy and Applicable Law.
• Hopcharge prohibits discrimination against third party providers or any of its personnel based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic that may be protected under Applicable Law. Hopcharge reserves the right to discontinue the provision of Services and recover the entirety of the Total Fee Payable or the Subscription Fee, if the User violates this policy by discriminating against the service providers.

• While the content on this Application and the Website of Hopcharge are presented with the greatest accuracy technically possible, representation on this Application or the Website through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the Service. The Website and the Application may be under constant upgrades, and some functions and features may not be fully operational.
• The Service provided by Hopcharge is obtained by the Users at remote locations specified by such Users. Users are advised to supervise the Hopcharge operator during the Charging Session, at such remote location. Hopcharge shall have no responsibility or liability to the User in relation to the failure of the User or Owner to supervise the Charging Session at such location. Hopcharge’s liability shall be limited only to the extent of Service provided.
• The Services are provided on an “as is” and “as available” basis. Hopcharge disclaims all representations and warranties, express, implied, or statutory, not expressly set out in this T&C Agreement, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability, or availability of the Services, or that the Services will be uninterrupted or error-free. Hopcharge does not guarantee the quality, suitability, safety, or ability of third-party providers.
• Limitations Of Liability
  
  • In no event shall Hopcharge, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:
    • any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service
    • any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or Account or the information contained therein
    • any errors, mistakes, or inaccuracies of content
    • personal injury or property damage, of any nature whatsoever, resulting from User’s access to the Application or use of the Services by the Owner or the User
    • any unauthorized access to or use of the Hopcharge’s secure servers and/or any and all personal information stored therein
    • any service unavailability or service interruptions related to third party server maintenance and down time
    • any interruption or cessation of transmission to or from the Service
    • any bugs, viruses, spyware, malware or the like that may be transmitted to or through the Service, the Application or the Website
    • any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Application or Website in relation to the Service; and/or
    • the defamatory, offensive, or illegal conduct of any User or Owner
  • In no event shall Hopcharge, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses, or costs in an amount exceeding the Total Fee Payable for each Charging Session, or the Subscription Fee paid for a single instance of Hopcharge Subscription.
  • This limitation of liability section shall apply to the fullest extent permitted by Applicable Law, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Hopcharge has been advised of the possibility of such damage.
• Indemnification
  
  • The User or the Owner, agrees to defend, indemnify, and hold Hopcharge and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from:
    • User’s use of and access to the Application or Website, or the procurement of Services by the User or the Owner, including any data or content transmitted or received by the User or the Owner
    • User’s or the Owner’s violation of the terms of this T&C Agreement, including, but not limited to, the breach of any of the representations and warranties set forth herein
    • User’s or the Owner’s violation of any third-party rights, including, but not limited to, any right of privacy or Intellectual Property Rights (as defined hereinafter)
    • User’s failure to pay any statutory dues and taxes
    • Claim of libel and defamation
    • Violation of Applicable Law by User or Owner, or their affiliates, officers, directors, agents, co-branders, partners, suppliers and employees
    • Any content that is submitted from Account, including third party access with User’s unique username, password, or other security measures, if applicable, including, but not limited to, misleading, false, or inaccurate information or
    • User’s or Owner’s willful misconduct

• "Force Majeure" means any event which is beyond the reasonable control of Hopcharge and which impacts the execution of its obligations under this T&C Agreement, including, but not limited to, natural disasters, extreme weather conditions, fire, riots, war and military operations, national or local emergency situations, acts or negligence of the government, import, export and/or transit prohibitions, economic disputes of any nature whatsoever, strikes or other labour actions, flooding, lightning, explosions, collapses, disruptions in traffic or power networks, the reduced or non-functioning of networks, systems or equipment of third parties as well as any act of negligence of a person or entity which is outside of the reasonable control of Hopcharge.
• In case of occurrence of a Force Majeure event, Hopcharge is entitled to suspend or terminate the access to any of the Services by giving the User or the Owner, a prior notice to the extent possible. In the event there are still outstanding payables, or charges for Services delivered until the termination date, the same shall be payable to Hopcharge on a pro rata basis.
• Notwithstanding anything mentioned elsewhere in the T&C Agreement, and in addition to the right of suspension available above, to ensure that optimum Service is provided, Hopcharge reserves the right to interrupt the Service or access of the User to the Website and Application for maintenance, system updates or any other changes, after informing the Users or the Owners appropriately.
• Hopcharge shall not be in breach of this T&C Agreement nor liable for any delay or failure to comply with its obligations under this T&C Agreement if such delay or failure was the result of Force Majeure or due to suspension for maintenance as stipulated above.

• “Intellectual Property Rights” include, but are not limited to any rights, title and interest in patents, designs, copyrights, moral rights, database rights, trademarks, service marks, trade and business names, domain names, and any rights of goodwill associated therewith, rights to sue for passing off, rights in the nature of unfair competition rights, trade secrets, confidentiality and other proprietary rights including rights to know-how, rights to technical and other information, rights to apply for registration of any of the foregoing, rights to take action for past, present and future infringements in respect of any of the foregoing, and all rights in the nature of any of the foregoing anywhere in the world whether registered or unregistered whether subsisting now or in the future.
• Without prejudice to any specific provision of this T&C Agreement, any Intellectual Property Rights, related to the Application are the exclusive property of Hopcharge or its licensors and are subject to the protection granted under Applicable Law or international treaties, covenants or legal, instruments relating to intellectual property.
• All trademarks, whether nominal or figurative, and all other marks, trade names, service marks, word-marks, illustrations, images, or logos appearing in connection with this Application or on the Website of Hopcharge are, and remain, the exclusive property of Hopcharge or its licensors and are subject to the protection granted by Applicable Laws or international treaties, covenants or legal, instruments related to intellectual property.
• The User or the Owner, shall not:
  • remove any Intellectual Property Right from any portion of the Services
  • infringe third party's Intellectual Property Rights
  • reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services
  • decompile, reverse engineer or disassemble the Services
  • link to, mirror or frame any portion of the Services
  • cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise obtaining data on any portion of the Services
  • attempt to derive source code (or the underlying ideas, algorithms, structure, or organization) or
  • attempt to gain unauthorized access to or impair any aspect of the Services or its related systems
• Intellectual Property Rights owned by third parties may appear on the Website or the Application, and all rights therein are reserved for use by such third parties who are registered owners of such Intellectual Property Rights. For use of any third party's intellectual Property Rights, the User is required to obtain permission directly from such third party, and Hopcharge shall not be liable to the User or the third party for any infringement or unlawful use of such Intellectual Property Rights owned by third parties.
• Notwithstanding anything mentioned in Software License section of this T&C Agreement, no license or right is granted and the User’s access to and/or use of the content of the Application and/or the Services should not be construed as granting, by implication, estoppel or otherwise, a license or right to use any Intellectual Property Rights in the content of the Application and/or Services without the prior consent of Hopcharge.

• Hopcharge is entitled to vary the Services, including the locations serviceable, at any time. Further, Hopcharge reserves the right to make changes to the Website, Application, Privacy Policy, and the T&C Agreement at any time.
• The continued use of the Service shall signify the User’s or the Owner’s acceptance of the revised T&C Agreement and the Services. If Users or the Owner’s do not wish to be bound by the changes, they shall be entitled to stop using the Application or procure Services from Hopcharge. Failure to accept the revised T&C Agreement shall entitle Hopcharge to terminate the T&C Agreement.
• The applicable previous version of the T&C Agreement shall govern the relationship prior to the User's or the Owner’s acceptance. Hopcharge shall specify the date by which the modified terms are effective on the Services rendered.

• Hopcharge reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under this T&C Agreement, taking the User’s legitimate interests into account.
• User or the Owner, shall not assign or transfer their rights or obligations under this T&C Agreement in any way, without the written permission of Hopcharge.

All communications relating to the use of the Application must be sent using the contact information stated below

EVQ Technologies Pvt. Ltd.
Gurugram, India
hello@hopcharge.com

Should any provision of this T&C Agreement be deemed or become invalid or unenforceable under Applicable Law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

This T&C Agreement is governed by the law of the place where Hopcharge is based, as disclosed in the relevant section of this document. The exclusive competence to decide on any dispute resulting from or connected to this T&C Agreement lies with the courts of the place where Hopcharge is based i.e., Gurugram, Haryana.

Hopcharge’s failure to assert any right or provision under this T&C Agreement shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

• Amicable Dispute Resolution
  
  • User or the Owner are entitled to bring any dispute to Hopcharge, by notifying through the official contact details provided in this T&C Agreement. The User or the Owner shall submit the complaint including a brief description and if applicable, the details of the related order, purchase, or Account.
  • Hopcharge shall consider the nature of the dispute, and the User or the Owner, and Hopcharge shall endeavor to resolve them amicably.
  • Hopcharge shall process the complaint without undue delay and within 60 (sixty) days of receiving it.
• Arbitration
  
  • If a dispute, controversy or claim (hereinafter referred to as “Dispute(s)”) arises out of or in connection with this T&C Agreement or the Services provided thereunder, including any question regarding its existence, validity, termination or any issue over unpaid payments or fees payable to Services, and the same is not resolved amicably within 60 (sixty) days of notification to Hopcharge, then the same shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, or any amendments thereof.
  • The arbitral tribunal shall consist of 3 (three) arbitrators. The seat of arbitration shall be at Gurugram, Haryana, and the language of the arbitration proceedings shall be English. The order of the arbitral tribunal shall be binding on both the parties to this T&C Agreement. Without prejudice to the aforementioned arbitration agreement the courts of appropriate jurisdiction in Haryana shall have exclusive jurisdiction to adjudicate any issue or dispute arising out of or in connection with the aforementioned arbitration agreement or any proceedings in accordance with the Arbitration and Conciliation Act, 1996 or any amendments thereof.