Terms & Conditions

1. Introduction

(a) THE GMR GREEN ENERGY APPLICATION (the ‘App’) is a mobile application made available by GMR Green Energy Limited (“we”, “us” or “our”) that enables users (“you”, “your” or “user”) to access to information pertaining to Sign-up/Login, Finding the Electric Vehicle (EV) Charger location, Identifying the appropriate charger, Payments & Reviews through the GMR GREEN ENERGY App (the “Services”).

(b) The platform for the GMR GREEN ENERGY App is provided by Sharify Services Private Limited having CIN: U40106UR2020PTC010622 (“STATIQ”).

(c) We are merely acting in our capacity as a passive conduit to facilitate receiving, transmitting, and delivering information and data , by transmitting such information and data through means of the internet.

(d) This is a user agreement between “you”, the potential user of GMR GREEN ENERGY App and “us”.

PART A: MAIN TERMS

2. Rules and Regulations

(a) You hereby agree to read these terms and conditions of use of our Services (“Terms”) carefully before accessing, downloading, using or obtaining, information, products or services from our GMR GREEN ENERGY App. By downloading, accessing and/or using the GMR GREEN ENERGY App, you confirm that you have read, understood and consent to be bound by the Terms and the Privacy Policy. In the event you are not able to view our Privacy Policy, please immediately contact us on the Contact details provided below.

(b) Your use of the GMR GREEN ENERGY App, and the Service offered through the GMR GREEN ENERGY App is conditioned on your acceptance, without modification of these Terms and not offered or intended to be offered outside the territory of the Republic of India.

(c) If you do not accept and agree to all the Terms, then you are not permitted to access, download or use the GMR GREEN ENERGY App.

(d) By downloading, registering the GMR GREEN ENERGY App you acknowledge, agree and confirm that:

(i) You have downloaded the GMR GREEN ENERGY App from a territory in India and wish to use it in the English language and agree to the governing laws of India.

(ii) These Terms, may also be published on our website as amended from time to time.

(iii) The Terms are an ‘electronic record’ and is generated by a computer system and does not require any physical or digital signatures.

(iv) The Services are not intended for use by any persons under the age of majority in accordance with applicable law.

3. Registering with GMR GREEN ENERGY App

(a) Use of the GMR GREEN ENERGY App is available only to persons who can perform legally binding contracts under Indian Contract Act, 1872. If you are under the age of 18 years or not of appropriate age required for certain services in your jurisdiction, you shall not register and shall not access the GMR GREEN ENERGY App or other Services or purchase for any items on the GMR GREEN ENERGY App. We reserve the right to terminate your membership and refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are not of appropriate age and/or do not hold a valid license issued by the relevant motor vehicle or transport authorities.

(b) The GMR GREEN ENERGY App can only be downloaded on a ‘smartphone’ within the meaning of the Telecom Commercial Communications Customer Preference Regulations, 2018 as may be amended or replaced from time to time (“Telecom Regulations”) as notified by the Telecom Regulatory Authority of India (“TRAI”). We do not undertake to update or provide the performance of the GMR GREEN ENERGY App on all smartphones or operating systems.

(c) We may, from time to time, restrict your access to certain features, functions or content of, or GMR GREEN ENERGY App or other Services accessible through the GMR GREEN ENERGY App for reasons that are beyond our control and are equitable to the user who have registered with us either through their log-in credentials or email address or through other means of telecommunication including by way of short service messaging or ‘SMS’ within the meaning of the Telecom Regulations. When you provide your information or data for registration through the GMR GREEN ENERGY App, such information or data will be retained for a minimum period of one hundred and eighty days after any cancellation or withdrawal as the case may be.

(d) You are not obliged to register with us, but if you do not do so, you will be unable to use applicable features, functions or content of, or access the Services through the GMR GREEN ENERGY App.

(e) You must ensure that any registration details you provide to us are accurate. We reserve the right to disable any log-in id, at any time, if in our opinion you have failed to comply with any of the provisions of this Terms, or if any details that you provide for the purposes of registering as a user prove to be inaccurate, false or misleading.

(f) By using the GMR GREEN ENERGY App or other Services, you authorize us and our agents and affiliates, to access third party sites, including that of regulated banks and payment gateways in India, designated by them or on their behalf for retrieving requested information.

(g) While registering, you may have to choose a password and are responsible for maintaining the confidentiality of the password (including a one-time-password) and other information or data of your user account.

(h) You are fully responsible for all activities that occur while using the password or user account. It is your duty to notify us immediately of any unauthorized use of your password or account or any other breach of security. We will not be liable for any loss that may be incurred by you as a result of unauthorized use of your password or account, either with or without our knowledge. You shall not use anyone else's password at any time.

(i) You may share your login credentials, your email ID, phone number, or any other personal information as provided under Clause 7 below, whether directly or indirectly with the GMR GREEN ENERGY App at your sole discretion.

4. Payments, Refunds and Transactional Communications

(a) We reserve the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. We further reserve the right to alter any and all fees from time to time, and we shall notify you about the alteration of fees on your official email-ID.

(b) You shall be completely responsible for all charges and assessments arising out of or in connection with the Services.

(c) In case, there is a short charging or under charging by us for listing, the Services or transaction fee or any other fee or service because of any technical or other reason, we reserve the right to collect deduct/charge/appropriate/recover/claim the balance subsequent to the transaction at our own discretion, whether on our or any other person’s behalf.

(d) Any increase in the price charged on account of change in rate of taxes or imposition of new taxes by Government shall have to be borne by you as the customer.

(e) In the rare possibilities of the reservation / pre-booking, not getting confirmed for any reason whatsoever, we will attempt to process the refund and intimate you of the same. Other than processing your refund, we are not under any obligation to make another booking in lieu of or to compensate you / replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation. Below are the terms for our refund services;

(i) In case of request for refunds, the user needs to write to us in the email id provided for in their order confirmation mail with a copy to us at the contact information provided herein, stating the reasons for such returns and acceptance or non-acceptance of such returns is purely subject to the Terms. If an acceptance to process the refund is communicated, the refund would generally be reflected in the user account within 2-7 working days.

(ii) In any case, owing to operational reasons the charging placed is either not confirmed by the GMR GREEN ENERGY App, the user may cancel the charging, and in that case, there shall be no cancellation fee levied on the user.

(iii) Terms of the user with respect to cancellation, returns and refund shall be mentioned in the payment page of GMR GREEN ENERGY App.

(iv) In case of grievances or issues that you are facing regarding their orders, you can write to us on the Contact details provided herein below.

(v) You hereby confirm that any payments made at any point in time from the GMR GREEN ENERGY App will be towards the provision of the Services only.

(f) We may send transactional information or any such other information relevant for the transaction, via SMS or by voice call on the contact / phone number given by you at the time of booking; We may also contact you by voice call, SMS or email in case you couldn’t or hasn’t concluded the booking, for any reason what so ever, to know the preference of the user for concluding the booking and also to help you for the same. You hereby unconditionally consent that such communications via SMS and/ or voice call by us is;

(i) upon the request and authorization of the user,

(ii) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of TRAI, and

(iii) in compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

5. Force Majeure Notice

If performance under these Terms by us / user is prevented, restricted or interfered by reasons which are beyond control of us / user and could not have been prevented by reasonable precautions, then we / user shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by us / user of our obligations herein.

6. User’s Obligations of Fair Use

(a) You must access and use the GMR GREEN ENERGY App and the Services only for legitimate, legal, authorized, and acceptable purposes. Except to the extent expressly set out in these Terms, you are not allowed (or assist others) to:

(i) republish, redistribute, reverse engineer, or re–transmit the GMR GREEN ENERGY App or its source code or derivatives thereof;

(ii) use the GMR GREEN ENERGY App and/or the Services for any purpose that is improper, unlawful, or to post, share or transmit any material that is in breach of the IT Rules, and in particular any material that;

belongs to another person and to which the user does not have any right;

is obscene, pornographic, paedophilic, invasive of another‟s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;

is harmful to child

infringes any patent, trademark, copyright or other proprietary rights;

deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;

impersonates another person;

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 cognisable offence, or prevents investigation of any offence, or is insulting other nation

contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

violates any law for the time being in force;

(b) You do not otherwise have any rights or the permissions you need to make available or to;

(i) remove, alter or replace any notices of logos or other designations of origin on the GMR GREEN ENERGY App and/or the Services, or pass off or attempt to pass off the GMR GREEN ENERGY App and/or the Services as the product of anyone;

(ii) download or store the GMR GREEN ENERGY App other than for your use as permitted by these Terms and as may occur incidentally in the normal course of use of your smartphone;

(iii) download or store the GMR GREEN ENERGY App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the GMR GREEN ENERGY App;

(iv) remove or change any content of the GMR GREEN ENERGY App or attempt to circumvent security or interfere with the proper working of the GMR GREEN ENERGY App or any servers on which it is hosted;

(v) use the GMR GREEN ENERGY App in a way that might damage our name or reputation or that of any of our affiliates;

(vi) decompile, disassemble, reverse engineer, investigate or otherwise access any non – user interface (UI) portion of the GMR GREEN ENERGY App;

(vii) automate access to the GMR GREEN ENERGY App or the Services, including without limitation, through the use of APIs, bots, scrapers or other similar devices;

(viii) attempt to install the GMR GREEN ENERGY App or access the Services after having been restricted / prohibited by us; or

(ix) otherwise do anything that is not expressly permitted by these Terms.

(c) To do anything with any GMR GREEN ENERGY App that is not expressly permitted by these Terms, you will need a separate license from us. Please contact us, using the Contact details at the end of these Terms.

7. Privacy Policy

(a) We are committed to protecting the security of your information or data when shared with us. We use a variety of security technologies and procedures to help protect your personal data from unauthorized access, use or disclosure. Further, we have adequate internal policies to protect and safeguard any personal identifiable information. (our “ Privacy Policy”). Privacy of your information or data will be subject to the IT Act and IT Rules to the extent applicable or any other applicable laws. Below is the information and data we may collect from you for the provision of the Services;

Personal Information	Collected / Processed	Purpose
Name	Yes	For the purposes Sign-up/Login, Authentication, Finding the Electric Vehicle Charger location, Identifying the appropriate charger, Payments & Reviews.
Log-In Credentials	Yes
Email-ID	Yes
Location	Yes
Password	Yes
Mobile Number	Yes

(b) We hereby confirm that your information is collected for the Purpose mentioned above, being a lawful purpose in order to provide you the Services and the collection of your information is considered necessary for that purpose. For the said Purpose, we may also collect and process other information and data in the future, by way of a prior notice to you, and subject to your express consent, as may be required to enhance the functionality of the GMR GREEN ENERGY App.

(c) We are the intended recipient of the above Personal Information being collected above for the Purpose. We hereby inform you that the above information will be transmitted to Statiq in their capacity as our vendors/agents and such Personal Information will only be stored on their servers for the purpose of providing you the Services. The name and address of our vendor, Statiq is provided below;

Sharify Services Private Limited
CIN: U40106UR2020PTC010622
A-04, Shri Chandracharya Appartment,
Nr. Bhairav Mandir, Kankhal HARIDWAR,
Haridwar UR 249408, India

(d) You declare that the personal information provided by you is true, accurate and not misleading and you should review the information and ensure that same is accurate and not deficient at all times. You acknowledge and agree that your consent for the above by way of acceptance to these Terms is deemed consent through mode of electronic communication.

PART B: OTHER TERMS

8. Intellectual Property of GMR Group.

(a) We are licensing you the GMR GREEN ENERGY App in accordance with these Terms and on an "as is" and "as available" basis. We retain the ownership of the GMR GREEN ENERGY App at all times. ‘GMR GREEN ENERGY’ is the tradename of the GMR group.

(b) In consideration of you agreeing to abide by these Terms, we grant you a non – transferrable, non – exclusive license to download, access and use the GMR GREEN ENERGY App and/or the Services for your own use being a legitimate purpose and for no other purpose. In particular, we grant such license to you subject to you agreeing not to:

(i) use the GMR GREEN ENERGY App and/or the Services for any purpose that is in breach of confidence of privacy of any third party’s rights including copyright, trade mark or other intellectual property rights; or

(ii) remove, alter or replace any notices of authorship, trade – marks, business names, logos or other designations of origin on the GMR GREEN ENERGY App and/or the Services, or pass off or attempt to pass off the GMR GREEN ENERGY App and/or the Services as the product or service of anyone other than GMR group.

(c) All intellectual property rights in the GMR GREEN ENERGY App and the Services, and in relation to any content of the GMR GREEN ENERGY App and/or the Services (including text, graphics, software, photographs and other images, videos, sound, trade – marks and logos) are owned by us, the GMR group or our licensors.

(d) Expressly as set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us, the GMR group or our licensors, and you acknowledge that you do not acquire any ownership rights by downloading the GMR GREEN ENERGY App or content from the GMR GREEN ENERGY App.

(e) You may only use the GMR GREEN ENERGY App and the Services in compliance with applicable laws and for legitimate purposes.

For the purpose of this user agreement, the expression ‘GMR group’ shall mean the ultimate parent and beneficial owner of GMR Green Energy Limited, its subsidiaries and associates and their parent, subsidiaries and associates and include their licensors.

9. Disclaimer

(a) You expressly understand and agree that your use of the GMR GREEN ENERGY App and/or the Service is at your sole risk and the Service is provided on an "as is" and "as available" basis.

(b) We, the GMR group and its affiliates, officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, any implied warranties of user ability, fitness for a particular purpose, title, non-infringement, and security and accuracy, course of dealing, or course of performance.

(c) We make no representations and do not warrant to you that the GMR GREEN ENERGY App and/or the Services:

(i) are accurate, complete or up to date;

(ii) will always be available;

(iii) will meet your expectations; or

(iv) are secure or are free from errors, faults, defects, viruses or malware, at all times.

(d) Neither we nor any member of the GMR group shall have any responsibility whatsoever for any arrangements you make with any third party as a result of your use of the GMR GREEN ENERGY App and/or the Services. In the event that the GMR GREEN ENERGY App and/or the Services contain links to other sites and resources provided by third party service providers, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

(e) We (together with our officers, directors, employees, representatives, affiliates, providers and third parties) do not accept any liability for (i) any inaccuracies or omissions in the content displayed on or via the GMR GREEN ENERGY App; or (ii) any act of God, accident, delay or any special, exemplary, punitive, indirect, incidental or consequential loss or damage of any kind (including, without limitation, lost profits or lost savings), whether based in contract, tort (including negligence), strict liability or otherwise, incurred by you arising out of or in connection with your access to, use of, or inability to access or use, the GMR GREEN ENERGY App and/or the Services, or any content contained provided therein.

10. Indemnification

(a) General Indemnity: You agree to defend, indemnify, and hold us, the GMR group and its affiliates, officers, directors, employees, agents, partners and licensors and each of our officers, directors, employees and agents, (“Indemnified Persons”) harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:

(i) your access to or use of the GMR GREEN ENERGY App and/or the Services, including information provided in connection therewith;

(ii) your breach or alleged breach of our rules and regulations or the Terms or any other provision of this user agreement;

(iii) any misrepresentation made by you.

(b) Specific Indemnity: You will indemnify the Indemnified Persons against all types of losses and damages incurred by the Indemnified Persons due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you through GMR GREEN ENERGY App or otherwise, with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.

(c) Indemnity for telecommunication systems: Without prejudice to the foregoing, you agree that any instructions provided by you through means of telecommunications and the internet are not secure and that the GMR GREEN ENERGY App cannot be used without access to telecommunications and the internet and accordingly you will hold harmless the Indemnified Persons from any delay, interference, mistake or otherwise a failure to transmit any instructions or authorizations provided by you through the GMR GREEN ENERGY App, save on account of fraud or willful misconduct.

11. Limitation of Liability

(a) Subject to these Terms and to the extent permitted by law, our maximum aggregate liability to you arising out of or in connection with these Terms or your access to, use of, or inability to access or use, the GMR GREEN ENERGY App and/or the Services shall be limited to Indian Rupees 500/- only.

(b) You confirm that you have read the manual of your electric vehicle. Save for any negligence, mistake or misconduct on your part, nothing in these Terms shall limit or exclude

(i) any liability in respect of death or personal injury caused by negligence or for fraud or fraudulent misrepresentation;

(ii) any other liability that cannot be excluded by law; or

(iii) your statutory rights.

(c) Notwithstanding the foregoing, we shall not incur any liability by reason of the loss, mis-delivery or delay of, or damage to, the instructions in course of transmission through the internet; and none of our officers shall incur any liability by reason of any such loss, mis-delivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default.

12. Termination

(a) We may terminate these Terms without cause and without prior notice, if we choose to discontinue the GMR GREEN ENERGY App and/or the Services.

(b) All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of these Terms.

(c) Without prejudice to the other remedies available to us under these Terms, or under applicable law, we may limit your activity, warn other users of your actions, immediately temporarily/indefinitely suspend or terminate your registration, and/or refuse to provide you with access to the GMR GREEN ENERGY App and/or the Services if:

(i) you are in breach of the Terms;

(ii) we unable to verify or authenticate any information provided by you; or

(iii) we believe that your actions may infringe on any third - party rights or breach any applicable law or otherwise results or will potentially result in any liability for users of the GMR GREEN ENERGY App and/or the Services.

13. Governing Law & Dispute Resolution Mechanism

(a) Governing Law and Jurisdiction: The laws of India, without regard to its conflicts of law provisions, shall govern these Terms and its performance. Without prejudice to our right to arbitrate, you consent and submit to the exclusive jurisdiction of the courts located at Delhi, India.

(b) Alternate Dispute Resolution Mechanism: All disputes and differences arising out of or in connection with these Terms, use of the GMR GREEN ENERGY App and/or the Services shall be referred to the sole arbitration of a person of repute to be appointed by us. The seat of the arbitration shall be Delhi and the arbitration shall be conducted in English. The award of the arbitrator so appointed shall be final and binding on the parties. The Arbitration and Conciliation Act, 1996, as amended from time to time, shall be applicable to such arbitration. You accept the appointment of the sole arbitrator by us and irrevocably waive any objection to the same.

14. Severability

The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

15. Assignment

You may not assign any of your rights arising under these Terms without our prior written consent.

16. Contact and Grievances

(a) Support inquiries may be directed to SUPPORT_EV@gmrgroup.in, or at the address mentioned below.

(b) General inquiries may be sent to the following contact or address:

GMR Green Energy Limited,
Building No. 302, New Shakti Bhawan,
New Udaan Bhawan Complex, Opp. Terminal-3,
IGI Airport, New Delhi -110 037
Phone: +911149882200

(c) Please refer to our Privacy Policy for redressal of any grievances, questions or concerns with respect to the processing and use of your personal information and data.