TERMS OF USE

Please fully and carefully read these terms and conditions of use herein (the “Terms of Use”) before using this Site and the Content. The Terms of Use set forth the legally binding terms and conditions for your use of the Site and the Content provided by Ampup Energy Pvt. Ltd. (AEPL). UPON YOUR USE OF THE SITE, YOU ACKNOWLEDGE THAT YOU AGREE TO THE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

The Terms of Use apply to this VoltUp web site located at www.voltup.in and any other associated sites linked to www.voltup.in by AEPL (collectively, the “Site”) provided that VoltUp has no other more specific terms of use of a VoltUp web site for a specific region and/or country.

AEPL reserves the right, but has no obligation, to add, change, edit, amend, revise, modify or remove portions of the Terms of Use from time to time at its sole discretion without notice. The updated version of the Terms of Use will be effective on the dated of posting unless indicated otherwise in such Terms of Use. You should periodically check the Terms of Use for the changes and your continued use of the Site after the posting of such updated version of the Terms of Use will constitute your agreement and acceptance of the changes. As a condition to AEPL’s grant to you a non-exclusive, freely revocable, non-transferable, personal and limited privilege to access and use the Site and the Content, you need to comply with the Terms of Use at all times.

You are entitled to use the Site and the Content only for the purposes expressly set forth on the Site and in the Terms of Use. You should never (i) post nude, pornographic, sexually suggestive, violent, discriminatory, disparaging, defamatory, hateful, or infringing content to the Site; (ii) select, solicit or otherwise collect credentials of other users, nor misuse own credentials; (iii) probe or test the vulnerability of the Site or any network linked to the Site, nor breach the security or authentication measures on the Site or any network linked to the Site; and (iv) use for any illegal or unauthorized purpose.

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 platforms (Apps) of VoltUp (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 Apps, 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 VoltUp 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.

1. Definition

a. Privacy Policy means the privacy policy of the Company as published at VoltUp Privacy Policy

b. Use or  Used means to directly or indirectly access, activate, execute, utilise or employ the functional and processing capabilities of the Apps or otherwise utlitise the Apps;

c. 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 Apps;

2. Access and User Registration

a. General

i. You agree and understand that You are entitled to access the Apps solely pursuant to the agreements executed with the Company, these Terms of Use and other documentation notified to you by the Company.

ii. You represent that you are 18 years of age and competent to contract.

iii. You agree that the Company may at any time, at its sole discretion, suspend Your access and Use of the Apps and take appropriate action against You for improper Use of the Apps.

b. Account Set-up and Use


i. In order to Use the Apps, 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.

ii. 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 Apps 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.

iii. 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.

iv. You shall not use the APP/ website to any way transmit, broadcast or upload any information, data, image, video etc.

c. User Information


i. 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).

ii. You agree that the User Information uploaded by You can be used and viewed by other third parties who access and Use the Apps.

3. Permitted Uses

a. You are permitted to Use the Apps in accordance with these Terms of Use and definitive agreements entered into with the Company.

b. You will Use the Apps in accordance with all applicable laws and regulations.

4. Prohibited Use

In relation to the Use and access of the Apps, You agree and undertake not to:

a. Use the Apps to host, display, upload, modify, publish, transmit, update or share any information, material or content of whatsoever nature;

b. Use the Apps 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 party;

c. Use the Apps 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 is otherwise unlawful in any manner;

d. Use the Apps (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;

e. Use the Apps (including by hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing any information, material or content) to impersonate another person;

f. Use the Apps 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;

g. Use the Apps 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;

h. Use the Apps/website in any manner which is not permitted under these Terms of Use or re-sell the usage, functionalities or services provided by the Apps;

i. Use the Apps for any unauthorized marketing purposes or for sending any unsolicited materials or advertisements.

5. Intellectual Property

You agree and understand that:

a. the Apps including but not limited to the information, logos, designs, databases, 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.

b. save for the limited right to access and Use the Apps 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 Apps or any of its contents and functionalities.

c. You have no right to make any copies of the whole or part of the Apps.

d. VoltUp batteries are only given on lease-basis. Batteries are properties of Ampup Energy Pvt Ltd.

e. Each subscription is only valid for 2000 swaps or 3 years whichever is earlier.

f. For new e-rickshaw purchase, swap charges will be Rs 175 for the first 500 swaps, and thereafter it will be charged at Rs 115 for the next 1500.

g. Finance is being provided by third-party and Ampup Energy Pvt. Ltd. holds no responsibility or has no discretion in it.

6. Disclaimers

a. The Company does not represent in any manner that:
i. the Apps will be available at all times and will operate error free or that there will be uninterrupted access and service.

ii. the integrity of the User Information will be maintained.

iii. the Apps are free from viruses or other malware.

b. The Company shall not in any manner be liable to You for any loss, damage, liability, expense or claim suffered by You in any manner by Your Use of the Apps. You expressly release the Company, its director, officers, employees, vendors and representatives from any loss, damage, liability, expense, claim or other consequence of any Use by You of the Apps.

c. The Company hereby disclaims and expressly waives all other conditions, representations and guarantees, whether express or implied, arising by law, custom, oral or written statements of Licensor or third parties including, but not limited to, any warranty of merchantability or fitness for particular purpose or of error-free and uninterrupted Use of the Apps.

7. Usage fee

No fee shall be charged for the Use of the Apps, which are directly linked to the customers who are willing to do the business with the Company.

8. Indemnity

You agree to indemnify and hold harmless the Company, its directors, shareholders, officers, employees and agents, against any claims, losses, damages or costs arising from (i) Your Use of the Apps and its contents, or (ii) Your breach of these Terms of Use.

9. 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 Apps are being provided to you on an "as-is" basis and you have chosen to Use the Apps at your own risk.

10. Content

The “Content” in the Terms of Use includes, without limitation, on or through the Site, text, user interfaces, information, data, photographs, videos, audio clips, software, scripts, graphics, and interactive features generated, visual interfaces, trademarks, logos, sounds, music, artwork, computer code, design, structure, expression, “look and feel” and arrangement of such Content. The Content is owned, possessed, controlled or licensed by or to VoltUp, and is protected by the laws, rules and regulations relevant to trade dress, copyright, patent, trademark, right of publicity, various other proprietary rights, intellectual property rights and unfair competition.

You acknowledge that your access to the Site or the Content is at your own risk and you are solely responsible for any damage or loss incurred by you or by any other party resulting from your access. VoltUp makes no guarantees that any of the Site or the Content you access is or will continue to be accurate, complete or available. VoltUp reserves the right, but has no obligation, to add, change, edit, amend, revise, modify or remove, restrict or block access to, all or any part of the Site or the Content, from time to time, at its sole discretion without notice and for any reason or for no reason at all.

When using the Content, without any prior written approval from VoltUp, you (i) will not remove any proprietary notice language in any copies of the Content, (ii) will only use such information for your personal, non-commercial informational purpose and will not copy or post such Content on any networked computer or broadcast such Content in any media, (iii) will make no modifications to any such Content, and (iv) will not make any additional representations or warranties relating to such Content.

11. Third Party’s Links

The Site may contain links to other independent third party web sites or permit you to link to other websites, services or resources on the Internet (the “Third Party’s Links”). The Third Party’s Links are provided only as a convenience to you and the inclusion of any Third Party’s Links does not imply VoltUp’s endorsement or an association with the operators or owners of those third party web sites. VoltUp has no control on Third Party’s Links and you acknowledge that VoltUp is not responsible for the content, functions, accuracy, legality, appropriateness or any other aspect of the Third Party’s Links or content thereof, and that VoltUp shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on anything on the Third Party’s Links or content thereof. You will need to make your own independent judgment with respect to your access to and interaction with the Third Party’s Links and you understand that any information you receive from the Third Party’s Links is not from VoltUp nor endorsed by VoltUp.

The VoltUp Privacy Policy and the terms of use are for Voltup website and apps only the same do not apply to Third party link/s and/or APP. The user shall at their own risk can browse , acesse any such third party link/APP, if any visible at the Voltup Website /APP and voltup do not gurantee, warantee of the same.

12. General

a. Termination: The Company reserves the rights to terminate Your access to the Apps at any time if You are in breach of these Terms of Use. You acknowledge the Company'™s rights set out in this Section 10(a) and waive any claim that You may have arising from such termination. Notwithstanding the termination of Your access to the Apps, all provisions which by their nature are intended to survive, shall survive termination and continue to be applicable.

b. Force Majeure: In no event shall the Company be liable for failure or delay that is caused by strike, riot, fire, flood, natural disaster, or other similar cause beyond the Company'™s control.

c. Waiver: 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.

d. Entire Agreement: These Terms of Use read along with the Privacy Policy shall constitute the entire agreement between You and the Company for the Your access and Use of the Apps.

e. 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.

f. Governing Law: These Terms of Use are governed by the laws of India. You irrevocably consent to the exclusive jurisdiction and venue of the competent courts located at Bangalore, India for all disputes arising out of or relating to these Terms of Use.

13. Refund & Cancellation Policy

Refund will be validated against the usage of our services and if the request found valid and authentic our support team will initiate the refund. User has to raise a service request for the same. Cancellation of services can be considered with due charges payable by the customer based on services availed.

14. Return

The company is providing the service and hence the specific concept of return is not applicable. The customer pays only when he is acquiring the services

15. Shipping

The company is providing the service and hence the specific concept of shipping is not applicable. The customer pays only when he is acquiring the services

16. Miscellaneous

You should not send your unsolicited ideas to VoltUp or anyone at VoltUp because VoltUp or anyone at VoltUp will not accept nor consider unsolicited ideas, including, without limitation, ideas for new product designs, technologies, processes, materials or marketing campaigns. To avoid any possible or potential dispute or misunderstanding if VoltUp’s products or marketing plans happen to be similar to any unsolicited ideas you send to VoltUp or anyone at VoltUp, despite VoltUp’s request that you should not send any unsolicited ideas to VoltUp or anyone at VoltUp, you hereby agree to assign to VoltUp any unsolicited ideas you send to VoltUp or anyone at VoltUp, without any compensation to you. VoltUp will not treat any unsolicited ideas you send to VoltUp or anyone at VoltUp as confidential or proprietary and VoltUp may use or distribute your submissions of such unsolicited ideas and its contents for any purpose and in any way.

The Terms of Use constitute the entire agreement between you and VoltUp with respect to your access to and use of the Site and the Content, and supersede all prior or contemporaneous communications of any kind (whether oral, written or electronic) between you and VoltUp with respect to your access to and use of the Site and the Content. If any of the provisions of the Terms of Use are found to be unenforceable, void or invalid by a court or other tribunal of competent jurisdiction, a valid provision that best embodies the intent of the Terms of Use will replace the invalid or unenforceable provision with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use will continue in full force and effect.

You will not use or export anything from the Site or the Content or any copy or adaptation of such Content, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

Unless otherwise indicated in the Term of Service, VoltUp may give you all notices (including legal process) that VoltUp is required to give by any lawful method, including without limitation by posting notice on the Site or by sending it to any email or mailing address that you provide to VoltUp. You acknowledge it is your responsibility to keep your email and mailing addresses current and periodically to check for notices posted on the Site. You agree to send VoltUp notice at contactus@voltup.in

VoltUp’s failure to insist on strict performance of or enforce any part of the Terms of Use shall not be construed as or shall constitute a waiver by VoltUp of our right to later enforce that or any other part of the Terms of Use. No course of conduct between you or any other party and VoltUp shall be deemed to change or replace any provision of the Terms of Use. Any waiver by VoltUp of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with the Terms of Use to be binding, a written notice of the waiver of compliance in any particular instance shall be provided through one of our authorized representatives. The Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

The headings in the Terms of Use are only for convenience and shall not affect their interpretation.

This Policy has been last updated on 25th Feb 2020

Feedback

Should you have any comment or question regarding the Terms of Use, you may contact us at contactus@voltup.in . Any feedback or information you provide to VoltUp will be deemed to be non-confidential.