Terms and Condition

Agreement Overview:

These terms and conditions ("Agreement") outline the terms governing the use of the Electric Vehicle (EV) application, encompassing web-based applications, web pages, and mobile web pages collectively referred to as "Services." This Agreement constitutes a legally binding contract between the user (“User,” "you," or "your") and Tomsawyer Technologies Pvt. Ltd. ("ergLocale," "we," "us," or "our"). By accessing and utilizing the Services, you acknowledge that you have read, comprehended, and agree to adhere to the terms delineated in this Agreement. If you are entering into this Agreement on behalf of a business or legal entity, you affirm that you have the authority to bind such an entity, and references to "User," "you," or "your" include that entity.

Age Requirement and Account Responsibility:

Users must be at least 18 years old to access and use the Services. By utilizing the Services, you confirm that you meet this age requirement. If you create an account, you are responsible for maintaining its security. False information may result in account termination. Promptly notify us of any unauthorized account activity. We are not liable for any user actions or omissions and may suspend, disable, or delete accounts violating this Agreement.

Service Content and Data Source:

Information is sourced globally from publicly available resources, including government websites, statutory databases, and international EV charging networks. Users select data based on their requirements, and we do not guarantee data content accuracy or changes after user access. Users are responsible for source satisfaction and indemnify ergLocale from liabilities arising from unsatisfactory data sources.

User Restrictions:

Users must not use data for illegal or prohibited activities, terrorism, anti-national activities, or violating rights. Users indemnify ergLocale from liabilities arising from data usage.

Content Confirmation:

ergLocale provides data source integrity; however, we do not guarantee data content and are not responsible for analysis or interpretation. Users indemnify ergLocale from liabilities arising from report usage and must seek professional analysis.

Billing and Payments:

Users must pay fees according to billing terms. If auto-renewal is on, charges will automatically apply. Our secure system uses SSL, encryption, and adheres to PCI standards for user safety. We conduct regular malware scans. High-risk transactions may require additional identification. We reserve the right to modify product offerings, pricing, and refuse orders. Notifications for order changes or cancellations will be sent to the provided contact details.

Taxes:

Users are responsible for all fees and applicable taxes, including VAT/CST, GST, duties, and cesses associated with the Services globally.

Third Party Services:

When utilizing third-party services on the application, note that your interaction is governed solely by their terms and conditions. We do not endorse or assume responsibility for these services, including content and data handling. ergLocale holds no liability for any damage resulting from your use of these services. By enabling them, you permit ergLocale to disclose your data as needed. Users must agree to the globally accepted Terms and Conditions of third-party websites and accept payment gateway terms for report interpretation. Failure to comply may lead to unsuccessful listings, and users cannot claim this as a service deficiency.

Backups:

Regular backups are performed for website content globally. In the event of hardware failure or data loss, automatic restoration will minimize impact.

Prohibited Use:

Users are strictly prohibited from engaging in the following activities:

Unlawful Purpose: Avoid any use for unlawful activities.
Solicitation of Unlawful Acts: Refrain from soliciting unlawful acts from others.
Violation of Regulations: Do not violate international, federal, or local regulations.
Intellectual Property Infringement: Do not infringe on intellectual property rights.
Harassment and Discrimination: Avoid any form of harassment, discrimination, or harm.
False Information: Do not submit misleading information or malicious code.
Spam and Unauthorized Access: Prohibited activities include spam and unauthorized access.
Obscene or Immoral Purposes: Use the app only for lawful and ethical purposes.
Obscene or Immoral Purposes: Use the app only for lawful and ethical purposes.
Obscene or Immoral Purposes: Use the app only for lawful and ethical purposes.
Security Feature Interference: Do not interfere with security features.We reserve the right to terminate users for violating these terms.

Intellectual Property Rights:

"Intellectual Property Rights" encompass all current and future rights, including copyrights, trademarks, designs, patents, inventions, goodwill, and the right to sue for passing off. These rights exist under statutes, common law, or equity, globally, whether registered or unregistered. This Agreement does not transfer any intellectual property from ergLocale or third parties to you; all rights, titles, and interests in such property remain solely with ergLocale. Trademarks, service marks, graphics, and logos used on the Website and Services are the exclusive property of ergLocale or its licensors. Other trademarks may belong to third parties. Your use of the Website and Services does not grant you any right or license to reproduce ergLocale's or third-party trademarks. Users bear full responsibility for all Intellectual Property Rights (IPR) in their listings. Users grant ergLocale an unconditional license to use such IPR globally. Users must refrain from infringing on third-party IPR, and they indemnify ergLocale from all liabilities arising from such usage.

Disclaimer of Warranty:

The Services are provided “as is” and “as available” internationally. We disclaim all warranties, and users accept the risk of usage. No guarantees are made regarding service interruptions or data accuracy.

Limitation of Liability:

To the fullest extent allowed by law, ergLocale and its affiliates, directors, officers, employees, agents, suppliers, or licensors are not liable for indirect, incidental, special, punitive, or consequential damages. This includes lost profits, revenue, goodwill, business interruption, or loss of business opportunity, under any theory of liability, be it contract, tort, warranty, statutory duty, negligence, or otherwise. In no event shall ergLocale's total liability, including its affiliates, officers, employees, agents, suppliers, and licensors, exceed one dollar or the total amount paid by you in cash. These limits apply even if this remedy doesn't fully compensate for losses or fails its essential purpose. After transaction completion, ergLocale is no longer liable for claims from the user or any third party. Disputes are the user's responsibility, and they indemnify ergLocale from such claims, litigations, or related matters.

Indemnification and Damages:

You agree to protect and free ergLocale, its affiliates, officers, employees, agents, suppliers, and licensors from liabilities, losses, or costs, including legal fees, arising from third-party claims due to your use of the Website and Services or intentional misconduct. ergLocale, though taking precautions, is indemnified from liabilities resulting from events beyond its control, such as natural calamities or power fluctuations. This extends to other liabilities stated in various clauses. ergLocale can claim damages for any harm caused to charging points, stations, power supplies, or third parties due to your electric vehicle, any part thereof, or negligence.

Severability:

All rights are subject to applicable laws globally, and illegal provisions do not render the entire Agreement void. If any provision is deemed illegal, the remaining provisions remain valid internationally.

Waiver and Entire Agreement:

Not enforcing any right or provision in these Terms of Service does not waive that right or provision. These Terms, along with any posted policies or rules, form the entire agreement between you and us, governing your use of the Service. They override any prior agreements, communications, and proposals, whether oral or written, between you and us, including any earlier versions of the Terms of Service.

Jurisdiction and Arbitration:

In the event of any dispute, exclusive jurisdiction lies with the courts in Bangalore. Both parties agree to submit to this exclusive jurisdiction as mutually decided. Any disputes regarding these terms and conditions shall be resolved through mutual consultation. If a settlement is not reached, the dispute will be governed by the Arbitration and Conciliation Act, 1996 of India, with jurisdiction in Bangalore, Karnataka, India.

Assignment:

You are prohibited from assigning, reselling, sublicensing, or transferring any rights or obligations herein without our prior written consent, granted at our sole discretion. Any such assignment or transfer without consent is deemed null and void. We retain the freedom to assign our rights or obligations, in whole or in part, to any third party, whether in the sale of assets, stock, or as part of a merger.

Changes and Amendments:

We reserve the right to modify this Agreement or its terms relating to the Website and Services globally at any time, effective upon posting an updated version of this Agreement on the Website. When we do, we will revise the updated date globally.

Acceptance of Terms:

By accessing and using the Website and Services, you acknowledge that you have read and agree to all the terms and conditions of this Agreement. Your use of the Website and Services constitutes your binding agreement to abide by these terms. If you do not agree with the terms of this Agreement, you are not authorized to access or use the Website and Services.

Contact Information:

For inquiries, contact us at hello@ergLocale.com