Gentari Go: Terms of Use

GENTARI GO MOBILE APPLICATION TERMS OF USE (REFERRED TO AS “Terms of Use (ToU)” OR “Agreement”)

1. Acceptance of these Terms of Use

These Terms of Use apply to your access to and use of all or part of this Gentari Go mobile application ("Application") operated by Gentari Green Mobility India Private Limited (erstwhile Amplus Power Supply Private Limited) a company registered in India with company number U40300DL2018PTC331988, or an affiliated company ("GGMI"). By clicking “Continue” you agree to be bound by these Terms of Use and all terms incorporated by reference. 

If you do not agree to these Terms of Use, please do not use this Application and the Services.

These Terms of Use shall be effective upon your acceptance of and agreement to them (by clicking “Continue”).

As used throughout this Application and these Terms of Use, the term “GGMI” and such terms as "the company", "legal entity," "the corporation," "our," "we" and "us" may refer to Gentari Green Mobility India Private Limited (erstwhile Amplus Power Supply Private Limited).

GGMI reserves the right to modify, update, replace or change any or all of these Terms of Use or its policies relating to the Services at any time and from time to time, by posting an updated or revised version at site https://www.gentari.in/. Any modification, update, replacement or change to the Terms of Use or any policy relating to the Services shall be effective upon posting of the updated or revised version. Although GGMI will endeavour to highlight material updates or changes to these Terms of Use, it is your responsibility to review these Terms of Use regularly to ensure you are aware of the most recent terms as they will be binding on you and your use of the Application and Services. If you do not agree to any update or change, you must immediately cease using and accessing the Application and the Services. In light of the updated Terms of Use, in case you choose to withdraw your consent or to delete your account with us, please contact us in the manner provided in the section 10(3) of this Terms of Use. Please note that by choosing to delete your account on one of our Website and/or App, you will be deleting your accounts across all of our Websites and/or Apps and consequently we will have the option to not provide you our Services from the date of such withdrawal of consent / deletion of account.

Further, GGMI may at any time and from time to time introduce updates, enhancements, changes or new features to the Application. Any such changes or new features introduced will be subject to these Terms of Use.

2. Registration of Account

In order to access and use the Application and Services, you must first set up and register a user account (“Account”) with the Application. You are required to provide your full name and a valid email address and any other relevant details that may be required in order to register an Account. GGMI may contact you through the email address you have provided regarding the Application and Services, and for other purposes as may be mentioned in these Terms of Use and the Privacy Policy.

You must be at least eighteen (18) years and above to create an account and use our Services. 

You will be required to nominate a password to complete the registration of your Account. You are solely responsible for keeping the password secure. In addition, you may be required to provide your card details for the purpose of enabling a payment method and other features offered through the Application, and such card details will be linked to your Account.

By creating and registering an Account, you represent and warrant that all information provided in connection with the registration and use of the Account are true, accurate and not misleading. You further agree that:

  1. you will not create more than one Account for the Application;
  2. you will not share your password or allow any other person to access your Account, or otherwise do anything that may or will violate the security of your Account;
  3. you will keep all information provided by you through the Application up to date and accurate; and
  4. you will not transfer your Account to any other person without prior permission from GGMI.


You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorized or unauthorized and must notify GGMI immediately if you become aware of any unauthorized use of or access to your Account.

3. Services

GGMI may offer and provide the following services (“Services”) through the Application:

A. Electric Vehicle Charging Services

  1.  You may avail yourself of GGMI's electric vehicle charging services via dedicated charging stations (“Charging Station”) which provides amongst others the following:
  2. Reliable electric vehicle charging solutions; and
  3. Convenient payment options integrated into the Application.


B.Location Services

  1. The Application allows you to access location-based services for precise identification of your current location and the nearest Charging Station within your proximity.


C. Charging Station Information

  1. The Application provides comprehensive details regarding Charging Station operated by GGMI, including distance from your current location, and real-time status indicators (e.g., available, not available, or in use).
  2. You may employ advanced search filters within the Application to locate any Charging Station based on specific preferences and criteria.
  3. You shall have access to an up-to-date, exhaustive listing of all available public Charging Station within GGMI's network, spanning various regions that GGMI operates in.


D. Charging Status

  1. You may monitor the progress of your electric vehicle charging in real-time, including charging rate, start and end times of charging sessions, and pertinent session particulars.


E. Payment Services

  1. The Application facilitates mobile payments for charging services, with the option to add and manage credit, debit cards and/or any other valid method of payment solely determined by GGMI as preferred payment methods.


F. User Accounts

  1. You have the capacity to register and administer your user accounts within the Application, affording yourself the following access:
    F.1.1 Guest or registered user registration;
    F.1.2 The ability to input and manage your vehicle particulars for a customized experience; and
    F.1.3 Access to transaction history and charging records for reference and record- keeping.


G. Gentari Go Rewards Program

  1. The relevant terms and conditions for the Gentari Go Rewards Program are further outlined in Schedule 2 herein.


H. Home Charger

  1. The Application offers electric vehicle home charger purchase and installation services to Users. Interested Users may sign up for GGMI to conduct a site inspection to determine the suitability and eligibility of their premises for installation. If GGMI determines that the premises meet the eligibility criteria set by GGMI during the site inspection, a quotation along with our specific terms and conditions for home charger purchase and installation shall be provided to you separately for your review and acceptance.


I. Other Services

  1. Any other services as GGMI may introduce through the Application from time to time.

 

Further, GGMI may at any time and from time to time introduce updates, enhancements, changes or new features to the Services. Any such changes or new features introduced will be subject to these Terms of Use.If and when you register an account on the Application, accept the Privacy Policy (as defined below) and these Terms of Use, and use the Services, GGMI will be able to obtain data, including but not limited to your personal data and data about your location through the Application. If you choose to register for an Account and/or use the Services, you are deemed to be given consent and authorisation to provide such data to GGMI and allow GGMI to store such data.

4. Location Services

If activated, the location services functionality allows the Application to be used to determine the locations of nearby Charging Station and the Services that are available for that Station.

5. Mobile Payment Services and Payment Methods

You may use the Application to pay for charging and/or other transactions at a Charging Station.

In order to access and use the mobile payment services, you must first select a payment method to be linked to your Account. The payment methods accepted by GGMI will be listed in the Application, and may be replaced or changed at GGMI’s discretion from time to time. Your selection of a payment method is deemed to constitute your authorization of GGMI to charge you for the provision of Services using the selected payment method. In the event, you have opted to make payment for Services via the Gentari Wallet (as defined below), then you shall be bound by the Gentari Wallet terms and conditions outlined in Schedule 1 herein. 

The Application will then produce a charging history (“Purchase Summary”) of the duration, total energy consumed and charging fee, of the electricity you have consumed.

An electronic invoice of the purchase will be sent by GGMI to the email address you have provided for your Account. If the payment method you have selected is not approved, or payment is otherwise unable to be completed, you will be informed separately by GGMI to make payment.

GGMI bears no liability to you for any inaccuracies or mistakes made by you in entering and/or reviewing such information. You should review the payment history to identify any discrepancies and then highlight accordingly.

5A. Refund Policies

Unless expressly stated otherwise within this Terms of Use or within the Application, You shall NOT be entitled to any refund of any payment made for the Services provided. If you are not satisfied with or have any queries regarding any products or the Services provided through the Application, you may contact us through the Application within 24 hours of the relevant transaction.

For the purposes of the provision of Services, GGMI may engage third party merchant facilities and service providers to process payments. GGMI is not responsible and has no liability for any third-party merchant facilities or payment processing carried out by any service provider, including any loss or damage arising out of any use of a third-party payment gateway. You agree that it is your responsibility to read and understand the terms of the third-party merchant facilities before using them.

All prices displayed in the Application shall be in accordance with the local currency of where the Services are provided.

6. Promotions, Offers and Discounts

GGMI may from time to time introduce promotions or offers for purchase of its goods and services, or a discount off the prevailing price of its goods and services, through the Application.

Any such promotion, offer or discount will be subject to applicable terms and conditions set out in the “Notifications” or other relevant section of the Application (or the relevant link embedded therein), or other communications or marketing materials that may be issued by GGMI in relation thereto.

If and where GGMI issues communications or marketing materials to you via SMS and/or email, you will be able to opt-out of receiving communications or marketing materials through the relevant “Unsubscribe” link included or by contacting GGMI through the contact details provided in our Privacy Policy.

7. Application and Account Security

You are prohibited from violating, or attempting to violate, the security of this Application and your Account. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Application or your Account include without limitation:

  1. to commit or encourage a criminal and/or fraudulent offences;
  2. logging into or attempting to log into a server or user account that you are not authorized to access;
  3. accessing data or taking any action to obtain data, information or services not intended for you or your use;
  4. attempting to probe, scan or test the vulnerability of any system, network or user account;
  5. tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
  6. circumventing any system or mechanism in the Application that is designed and intended to limit your access to areas within, or components of, the Application;
  7. transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with the Application’s or any user account’s functionality or operation;
  8. using the Application in a manner or committing any act which is detrimental to, or in violation of, GGMI’s or a third party’s systems or network security, or which could otherwise damage or impair the servers or networks used by the Application or by other users of the Application; and 
  9. interfering with service to, or engaging in any denial of service attack of, the Application, any user, host or network including, without limitation by means of overburdening or “flooding,” any computer system.


Any of the breaches above are grounds for immediate suspension or termination of your Account. 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, computer equipment, computer programs, data or other proprietary material due to your use of the Application and/or any of the Services.

8. Accessing and Using the Application

You acknowledge that the availability of the Application is dependent on the third-party platform from which you download the Application (for example, Apple App Store or Google Play Store). Each of these platforms may have its own terms and conditions for the downloading, installation and use of the Application, and you agree that it is your responsibility to ensure compliance with such terms and conditions.

In accessing and using this Application, you must not:

  1. post, send or otherwise transmit to or through the Application any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person’s privacy or other rights or any material that GGMI in its sole discretion does not wish posted or transmitted on the Application;
  2. defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  3. upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
  4. misrepresent your identity or affiliation in any way;
  5. engage in deceptive online marketing;
  6. violate any applicable laws or regulations;
  7. use the Application in a manner that would violate these Terms of Use or any policy posted in the “About” or other section(s) of the Application; or
  8. assist or permit any persons in engaging in any of the activities described above.


GGMI may, at any time without prior notice, restrict, block, suspend or disable your access to all or some parts of the Application or Services, and/or edit or remove any content within the Application including any material which in GGMI’s reasonable opinion may give rise to a breach, or be in violation of these Terms of Use or any applicable law, or which GGMI considers in its discretion might be otherwise offensive, harmful or objectionable.

9. User Submissions

You must exercise caution, good sense and sound judgment in using the Application. You are responsible for any material or information you place on or transmit to or through the Application. You agree, represent and warrant that any information you post to or transmit through the Application is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.

10. Proprietary Rights and User Content Rights

1. Intellectual Property Rights

You acknowledge that:

(a) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and

(b) GGMI and/or third parties (via license) own all right, title and interest in and to the Services and content that may be presented on or accessed through the Services, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under this Terms of Use are reserved to GGMI and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide whether registered or not.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented on or accessed through the Services for any purpose, unless otherwise permitted by these Terms of Use or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; or (iii) remove, obscure, or alter GGMI’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.

The content, arrangement and layout of all of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to GGMI, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of GGMI, or as permitted by the functionality of the Services or these Terms of Use. Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found on or in the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and GGMI may take action accordingly.

The above paragraph further applies to third party property used as part of the Services, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

2. Submitted Information

If you choose to communicate to GGMI (via any means) suggestions for improvements to any of the Services or GGMI’s Products, or GGMI’s business generally (collectively, “Feedback”), GGMI shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to GGMI and waive in favor of GGMI, its successors and assigns all your moral rights in the Feedback, and agree to provide GGMI such assistance as GGMI may require to document, perfect, and maintain GGMI’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to GGMI, you are not entitled to any compensation or reimbursement of any kind from GGMI under any circumstances.

3. User Content Policy

As a user of the Application, you may use the Services to create and submit a variety of text and photographs, including but not limited to information that may be added to the interactive map of Charging Station, which may be visible to other Service Users or third parties in various ways. You may also, depending on the Services, upload certain file types including but not necessarily limited to text, photographs, graphics, video, audio or any other type of media or content, and other interactive features generated, provided, or otherwise made accessible on or through the Services. All of the foregoing shall be deemed “User Content”. By accepting these Terms of Use, you agree to be bound by the GGMI policy for User Content as described in this section (the “User Content Policy”).

When you submit User Content, you acknowledge and agree to the following:

a). User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any User Content submitted is your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize GGMI to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (ii) have all necessary consents to collect, use and disclose any personally identifiable information and images (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and this Agreement;

b). You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to GGMI, you hereby grant GGMI a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Services and / or GGMI’s (and its successors’ and affiliates’) business or activities, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that GGMI may retain, but not display or distribute, server copies of User Content that have been removed or deleted;

c). The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;

d). You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, or otherwise offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam; and

e). You will not include in User Content links to any third-party website that is a spam or phishing website, to any website that sells goods or services, or to any website that may violate any applicable law.

If you as a Services User believe that a Logged-in User has posted User Content that violates this User Content Policy, please contact us at greenmobility@gentari.com so that we may conduct an inquiry. GGMI retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.

Depending on the User Content, User Content may or may not be edited, curated or otherwise modified or checked by GGMI prior to posting. GGMI reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy, or for any other legitimate reason.

GGMI and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User content, whether it violates the User content policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard. To the fullest extent permitted by law, GGMI assumes no liability or responsibility to any person with respect to any User content including, but not limited to, defamation, errors, obscenity, falsehoods or omissions that may be encountered within any User content.

11. Privacy Policy and Permissions for the Application

  1. Our privacy policy (“Privacy Policy”) which can be found in the Application explains how GGMI treats your personal data and protects your privacy when you use Services, including the Application. By accepting these Terms of Use you explicitly agree to the use of your data in accordance with the Privacy Policy, which may be updated from time to time and reasonable notice will be provided regarding updates made to the Privacy Policy.
  2. Please note that our Privacy Policy may include additional country-specific terms regarding the personal data processing activities conducted by GGMI in your particular country, as and where required by the laws in your country.
  3. In addition to personal and non-identifiable information, the Privacy Policy also describes how the Application accesses functions of the mobile device that are not part of the Application which are developed by third parties. These are known as “permissions”, and you agree that GGMI has the right to access the Computer Code on your mobile device in this manner and as described in the Privacy Policy.

12. External Links and Third Party Services

  1. General External Links
    From time to time, GGMI may provide links to other websites or services. Links for the third party Services may take you to websites or services not covered by this Agreement. When you access third-party resources and services via the Application in this manner, you do so at your own risk. GGMI provides those links and display those services as a convenience to you and GGMI takes no responsibility or liability for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the terms of use and / or privacy policy of any website or service you visit. GGMI does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or the third parties operating those websites. For any queries, concerns, or support related to third-party resources and services, you may directly contact the respective third-party service provider. GGMI shall not be responsible for resolving issues and/or queries related to third-party resources and services.

    In no way will GGMI or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (i) for your use of websites or other third party services that may be linked to the Application; (ii) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or third party services; (iii) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (iv) for the actions of the operators of any such website or third party service.

  2.  Use of Google Maps

    The Services make use of the Google Maps Platform for numerous functions, and when you use the Services Google Maps may be opened from a link in the Services. Your use of Google Maps in the Services or on its own is subject to the current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://policies.google.com/privacy, which we encourage you to read.

13. Suspension/Termination

GGMI may suspend and/or terminate this Agreement at any time by providing 30 (thirty) days’ prior written notice to the email address you provided for your Account (as may be updated by you).

In addition, GGMI may immediately upon notifying you terminate this Agreement or suspend or cancel your access to your Account and/or all or any part of the Application and/or the Services, and restrict your further access to your Account and/or all or any part of the Application and/or the Services, if:

  1. you commit any breach or violation of these Term of Use;
  2. you fail to make any payment due and payable to GGMI under these Terms of Use or for the Services; or
  3. you have demonstrated any behavior (including through your actions or statements) that indicates your intention not to comply with these Terms of Use.


Upon termination of these Terms of Use, GGMI shall have the right to deactivate or delete your Account and all data and content provided by you or about you.

14. Third-Party Software and Services

The Application may contain various third-party software components and services. By using the Application, you agree and consent to GGMI’s use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the Application, you (i) expressly relieve GGMI from any and all liability arising from your use of any third-party components or services embedded in the Application, and (ii) agree that, with respect to the third-party components and services and to the maximum extent permitted by applicable law, GGMI is not responsible for the manner in which your data is processed.

15. Jurisdictional Issues

The Application is controlled and operated by GGMI. GGMI makes no representation that materials in the Application are appropriate or available for use in other locations or geographies. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Access to this Application from jurisdictions where the contents of this Application are illegal or penalized is prohibited. The Application and the software contained therein is further subject to Indian export controls. No data, information or software from the Application may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which India embargoes or sanctions goods, services or technology; or (ii) prohibited under the applicable Indian laws and regulations. By downloading or using the Application or Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

16. Disclaimer

The Application and Services are provided and made available “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, GGMI disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. GGMI does not warrant that access to this Application or the Services or to the functions contained in the Application will be uninterrupted or error-free, that defects will be corrected, or that this Application or the server that makes it available are free of viruses or other harmful components. GGMI does not make any representations or warranties regarding the use or the results of the use of the Application in terms of their correctness, accuracy, currency, availability, reliability, or otherwise. Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you.

GGMI has no obligation to monitor your access to or use of the Application or Services but has the right to do so for the purpose of ensuring your compliance with these Terms of Use or to comply with applicable law or an order or requirement of a court or governmental agency.

Some features of the Application may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the Application or Services may require access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.

17. Limitation of Liability

To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall GGMI be liable for any compensatory, punitive, indirect, special, incidental, exemplary of punitive damages, or consequential damages that result from the use of, or the inability to use, the Application or the Services, including but not limited to damages for loss of profit or anticipated profit, business interruption, loss of revenue, loss of use, loss of contract, loss of good will, increased cost of working or loss of business opportunity, that arises or alleged to arise out of or relate to this Agreement or the performance or breach of this Agreement, even if GGMI or a GGMI authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall GGMI’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including, but not limited to negligence, or otherwise) exceed the amount paid by you to GGMI, if any, for using this Application and the Services.

18. Indemnity

You agree to indemnify, defend and hold GGMI, its affiliates and any of its and their directors, employees, advisors, agents and contractors (“Representatives”) harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this Application and/or the Services (iii) for gross negligence or misconduct in lieu of the use of the Application.

19. Disclosure; Product Statements

This Application contains information on products and services of GGMI and its related entities. While GGMI tries to ensure that all information on this Application is accurate and current at the time of posting, all information on GGMI’s products and services on this Application should not be relied on as definitive, final, current or complete, and you agree to contact GGMI directly for more detailed and updated information on its products and services instead of placing any reliance on any product or service information on this Application.

20. Interruption of Service

From time to time the Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, GGMI and its representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.

21. Country Specific Terms

The Application may be available for use in multiple countries, and each country may have its specific terms and conditions (“Country-Specific Terms”). By using the Application in a particular country, you agree to be bound by that country’s Country-Specific Terms in addition to these Terms of Use.

The Country-Specific Terms for each country where the Application operates are available within the Application or on GGMI’s website as mentioned above in the acceptance of TOU. It is your responsibility to review and comply with the applicable Country-Specific Terms when using the Application in that country.

The Application’s interface and communication may be localized to cater to users in different countries. Country-Specific Terms may address language preferences, support availability, and localized content specific to each country.

Depending on the specific needs and regulations of a country, Country-Specific Terms may include information on additional or modified features, restrictions, governing law, dispute settlement forums, or limitations imposed on the use of the Application in that region.

By accessing and utilizing the Application in a specific country, you are deemed to accept and be bound by the Country-Specific Terms relevant to that country. You are encouraged to review these terms, which are typically made available within the Application or on GGMI’s website.

22. Third-Party Charging Station

In the event you utilize a selected Charging Station belonging to a Third-Party CPO via the Application, you must adhere to the Third-Party CPO’s relevant terms and conditions. You understand that each Third-Party CPO may have its own set of terms and conditions governing the use of their Charging Station. You are responsible for familiarizing yourself with and abiding by the terms and conditions set forth by the respective Third-Party CPO whose Charging Station you intend to use.

You must access and use a Third-Party CPO Charging Station in accordance with the specific terms and conditions of the Third-Party CPO in question. These terms may include, but are not limited to, fees, charging protocols, access methods, personal data processing, and usage restrictions. You acknowledge that failure to adhere to the Third-Party CPO’s terms may result in loss of access or other consequences imposed by the Third-Party CPO.

GGMI has no control over and disclaims any responsibility for the availability, operation, maintenance, suitability, pricing, or any other aspect of the Third-Party CPO Charging Stations. Any issues, disputes or claims related to the Third-Party CPO Charging Stations, including but not limited to their accessibility, reliability and billing, are solely between you and the Third-Party CPO.

To the extent permitted by law, you understand and agree that GGMI shall not be held responsible for any issues or disputes arising from the use of Third-Party CPO Charging Station, including but not limited to damage to electric vehicles and accidents. To the extent permitted by law, you also understand and agree to indemnify and hold GGMI harmless from any claims, damages, or liabilities resulting from your use of Third-Party CPO Charging Station.

The term “Third-Party CPO” means any person or entity other than GGMI that acts or exercises control as a charge point operator. 

23. General

These Terms of Use shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. By accessing and/or using this Application or the Services, you submit to the exclusive jurisdiction of New Delhi, India. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right to enforce any provision of these Terms of Use unless otherwise permitted under the law.

This Terms of Use, and any and all policies and terms incorporated by reference therein, in conjunction with the Privacy Policy, constitute the entire agreement between you and GGMI with respect to your use of the Services, superseding any prior agreements between you and GGMI, its predecessors, affiliates or subsidiaries. Your use of certain aspects of the Services may be subject to certain third-party terms or privacy policies, as described elsewhere in these Terms of Use.

The schedules to this Terms of Use shall be taken, read and construed as an essential part of this Terms of Use. In the event of discrepancy, conflict or ambiguity between the provisions contained in the main body of this Terms of Use and any provisions contain in the schedules hereto, the provisions included in the schedules shall prevail.

No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. GGMI will not be responsible for failures to fulfil any obligations due to causes beyond its control. 

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. 

You hereby grant GGMI the right to take steps GGMI believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that GGMI has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or third party, as GGMI believes is reasonably necessary or appropriate to enforce and//or verify compliance with any appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to GGMI’s right to cooperate with any legal process relating to your use of the Services, and/or a third party claim that your use of the Services is unlawful and/or infringes such third party’s rights).

23. General

These Terms of Use shall be governed by and construed in accordance with the laws of India, without giving effect to any principles of conflicts of law. By accessing and/or using this Application or the Services, you submit to the exclusive jurisdiction of New Delhi, India. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right to enforce any provision of these Terms of Use unless otherwise permitted under the law.

This Terms of Use, and any and all policies and terms incorporated by reference therein, in conjunction with the Privacy Policy, constitute the entire agreement between you and GGMI with respect to your use of the Services, superseding any prior agreements between you and GGMI, its predecessors, affiliates or subsidiaries. Your use of certain aspects of the Services may be subject to certain third-party terms or privacy policies, as described elsewhere in these Terms of Use.

The schedules to this Terms of Use shall be taken, read and construed as an essential part of this Terms of Use. In the event of discrepancy, conflict or ambiguity between the provisions contained in the main body of this Terms of Use and any provisions contain in the schedules hereto, the provisions included in the schedules shall prevail.

No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. GGMI will not be responsible for failures to fulfil any obligations due to causes beyond its control. 

You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services. Your use of the Services may also be subject to other laws. 

You hereby grant GGMI the right to take steps GGMI believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that GGMI has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or third party, as GGMI believes is reasonably necessary or appropriate to enforce and//or verify compliance with any appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to GGMI’s right to cooperate with any legal process relating to your use of the Services, and/or a third party claim that your use of the Services is unlawful and/or infringes such third party’s rights).

SCHEDULE 1

GENTARI WALLET TERMS AND CONDITIONS

SECTION 1

DEFINITIONS 
  1. Unless otherwise stated, the capitalized words used in this Gentari Terms and Conditions for the Gentari Wallet (“Gentari Wallet Terms”) shall have the same meaning as the Gentari Go Mobile Application Terms of Use.
  2. “Gentari Wallet” means a closed-loop payment instrument which can be used for the purchase of Services offered by GGMI; 
  3. “Transaction” means payment for Services and reimbursement by GGMI; 
  4. “Wallet Limit” means a maximum balance of 3,000 (three thousand) credits (equivalent to INR [•] only) in the Gentari Wallet at any point of time. 

SECTION 2

PURPOSE 
  1. The purpose of these Gentari Wallet Terms is to set out the terms and conditions in respect of the use of the Gentari Wallet as well as the rights, obligations and other necessary matters between you and GGMI particularly in relation to the Gentari Wallet.
  2. Unless otherwise stated, all articles in the Gentari Go Mobile Application Terms of Use shall apply to these Gentari Wallet Terms.

SECTION 3

GENTARI WALLET
  1. To use the Gentari Wallet, you are required to register an Account with GGMI. Please refer to Article 2 of the Gentari Go Mobile Application Terms of Use for the requirements and process to register an Account.
  2. Subject to the Wallet Limit, you may top up your Gentari Wallet by using your credit card, debit card or any other payment channels authorised by GGMI from time to time. For the avoidance of doubt, you are not allowed to use any payment card that is not registered under your name to top up your Gentari Wallet. If you use another individual’s payment card to top up your Gentari Wallet, GGMI has the right to reject the top up and refund the payment to the respective card holder.
  3. You may perform any of the Transactions subject to the Wallet Limit.
  4. In the event of any refunds and/or reimbursements to be made by GGMI, you may opt to receive the refunds and/or reimbursements in the form of credits deposited directly into your Gentari Wallet.
  5. If you intend to use the credits to pay for any of the Services, you shall ensure that your Gentari Wallet has sufficient credits. A Transaction will be rejected if your Gentari Wallet does not have sufficient credits.
  6. You will not receive any interest or other earnings on the credits stored in your Gentari Wallet.

SECTION 4

WITHDRAWAL OF CREDITS
  1. All credits in the Gentari Wallet cannot be withdrawn or transferred out save and except in the following circumstances only:-

    1.1: Subject to Article 4.3, your Gentari Wallet is wrongly charged due to any errors or discrepancies which are not due to human mistake;
    1.2: You terminate your Account provided that any amount due to GGMI has been settled in full by you; and
    1.3: Your Account has been blocked or terminated by GGMI

  2. Any request to withdraw or transfer out the credits from the Gentari Wallet shall be made through GGMI’s customer service and the amount equivalent to the value of the credits will be transferred into the bank account held and managed in the name of the individual having an Account on the Application within 30 business days from the date of the withdrawal request. For the avoidance of doubt, the value of the credits will not be paid out to any other third party’s account.
  3. You shall be able to view the history of all Transactions and refunds of your Gentari Wallet. If you find any mistake, error or discrepancy in the Transactions and/or refunds, you must inform GGMI through the customer service within 7 days from the date of the disputed Transactions and/or refunds, failing which, the Transactions and/or refunds shall be deemed valid and accurate, and you will not be able to make any further complaint in respect of such Transactions and/or refunds. Therefore, you are advised to check and verify the history on regular basis.

SECTION 5

RIGHTS OF THE COMPANY

GGMI reserves the right not to carry out any Transactions, refund and/or transfer out of the credits requested by you if GGMI, in its sole opinion, suspects that:-

  1. such request may be fraudulent, illegal or involves any criminal activity;
  2. you have breached any of the terms and conditions of the Services and/or the Gentari Wallet Terms; and/or
  3. by allowing the request it may compromise the security and integrity of the Gentari Wallet system and/or the Gentari Wallet services.

SECTION 6

  1. The Gentari Wallet is made available to you at the sole and absolute discretion of GGMI. You are not allowed to use the Gentari Wallet and/or the credits for any commercial use, whether or not for the purposes of gaining any form of profits without the prior written consent of GGMI. 
  2. You hereby agree to cooperate fully with GGMI in relation to any financial crime screening that may be required and to assist GGMI in complying with any prevailing laws or regulations in place.

SECTION 7

  1. In the event that your Gentari Wallet is inactive for more than 12 months consecutively, GGMI will deactivate your Gentari Wallet. 
  2. Upon deactivation of the Gentari Wallet by GGMI, any credits balance left in the Gentari Wallet will be converted to an amount equivalent to the value of the remaining credits and transferred back into the bank account which the credits were sourced from. 
  3. For the avoidance of doubt, GGMI shall not be liable for any losses that may be suffered by you.

SCHEDULE 2

GENTARI GO REWARDS PROGRAM

  1. Upon registering an Account on the Application, you will automatically be a member of the Gentari Go Rewards Program loyalty programme “Gentari Go Rewards Program” owned and operated by GGMI and/or its affiliates (“Gentari Go Rewards Program”, or as the context requires, the “Program”).
  2. As a registered user and Account holder, you can accumulate rewards points (“Points” or “Gentari Go Points” or “Go Points”) from qualifying transactions under the Program (“Qualifying Transactions”). All Qualifying Transactions shall be solely determined by GGMI and communicated to you via the Application. The Program membership is non-transferable and shall be for personal use only. 
  3. As a member of the Gentari Go Rewards Program, you will gain access to the e-vouchers, promotions, discounts, free gifts, promotion codes and other benefits made available from time to time in the Application (“Rewards”). GGMI may, at its sole and absolute discretion, award you Points upon the completion of the qualifying transactions which can be used to redeem the Rewards. You may earn points by such methods as provided by GGMI from time to time.
  4. GGMI may, at its sole and absolute discretion, increase or decrease the rate of Points to be awarded for each selected transaction, as well as the applicable validity period of the Points. Such changes will be notified to you from time to time. 
  5. You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. GGMI shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion. You agree that you will have no claim whatsoever against GGMI for any expired Points. Unless expressly stated otherwise, all Points shall duly expiry twelve (12) months from the date of issuance. 
  6. Points earned through the Gentari Go Rewards Program are valid only within the country where they were accumulated. Cross-country redemption of Points is strictly prohibited. Points earned in particular country cannot be transferred to any other country or exchanged for points earned from another country.
  7. Points have no cash or monetary value and are not redeemable for cash in any form. Points accumulated shall not be considered as a legal tender under the relevant central banking laws. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
  8. If you comply with all these Terms of Use and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward in the form of an e-voucher is subject to the additional terms and conditions of GGMI or the third-party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
  9. You must use your Rewards redeemed during their applicable validity period. There shall be no extension of time for the validity period of any Rewards redemption dates. You agree that you will have no claim whatsoever against GGMI for any expired e-vouchers.
  10. Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot be resold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. Points that you have successfully redeemed for a Reward cannot be exchanged for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
  11. You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as conclusive evidence of the same.
  12. GGMI may at its sole and absolute discretion and without prior notice to you, reject your request to redeem Points for any reason whatsoever, including without limitation, where:
    a): There are insufficient Points to redeem for the particular Reward;
    b):     The Reward is no longer available or out-of-stock from the third party merchant;
    c):     The Points you wish to use for redemption of Rewards have been issued to you in error; or
    d):     GGMI reasonably believes that that redemption transaction may be suspicious, illegal, involves any criminal activity or involves points that have been obtained through dishonest or fraudulent means or abusive behaviour.
  13. Upon your cessation to be a member of the Gentari Go Rewards Program, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
  14. GGMI reserves the right to hold the issuance of Points earned until the transaction, including payment, are completed. 
  15. Fraud, abuse of redemptions or any dishonest activities related to the Gentari Go Rewards Program may result in the following consequences:
    a):      forfeiture of accumulated Points; the demotion of your membership tier (wherever applicable); 
    b): cancellation of your membership in the Gentari Go Rewards Program; or
    c): suspension/termination of your account.
  16. To the extent as permitted by applicable laws, GGMI reserves the right at any time to:
    a): vary, modify or amend the terms and conditions of the Gentari Go Rewards Program (including adding or deleting any terms);
    b):     terminate or modify the Gentari Go Rewards Program;
    c):     revoke, adjust and/or recalculate any Points awarded;
    d):     change the number of Points required for redemption of specific Rewards or substitute any Reward with another of a similar value;
    e):     change the number of Points that can be earned on spendings on qualifying transportation services;
    f): modify the qualifications and eligibility for earning Points;
    g):     modify the activities that earn Points;
    h):     modify the methods used to calculate the number of Points to be awarded;
    i):     withhold or cease the awarding of Points to you;
    j):     wherever applicable, modify the criteria for membership tier upgrades and renewals; 
    k): wherever applicable, change or withdraw any benefits related to a particular membership tier; 
    l): change the applicable validity period for the Points; and/or
    m): determine the amount of Points awarded to you for any transaction, without prior notice to you and at its sole discretion.
  17. GGMI may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
  18. You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.