Last updated: October 03, 2024
These Terms of Service constitute a legally binding agreement between you and COSMOS SYSTEM INTEGRATORS PVT LTD (hereinafter referred to as “EV COSMOS”, “We”, “Us”, “Our”) in respect of Our EV COSMOS mobile application, website and network (“Application”) along with any Application updates, supplements, functionalities, features, internet-based services, and support or other related services (“Services”) which allows you to charge your vehicle using electric vehicle chargers manufactured by us and purchased, licensed to and operated by Cosmos System Integrators (Private) Limited of 9A/B, Sector H, Govindpura Industrial Area, Bhopal, Madhya Pradesh (“EV Cosmos”).
By downloading and installing or otherwise using the Application and Services, you agree to be bound by these Terms of Service.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE APPLICATION AND OUR SERVICES.
The electric vehicle charging facility operated by EV Cosmos is powered by COSMOS SYSTEM INTEGRATORS PVT LTD Once you register an account with us as provided in these Terms of Service, you may use the EV COSMOS smart charge card or the EV COSMOS mobile application to charge your electric vehicle.
We reserve the right to change, revise, update, or modify these Terms of Service or any notices, policies, or guidelines incorporated herein at any time and in Our sole discretion.
Any changes or modifications will be effective as of the date stated at the top of these Terms of Service immediately upon posting of the revisions on the Application.
Your continued use of the Services following the posting of such changed or modified Terms of Service will constitute your acceptance of such changes or modifications.
Therefore, you should frequently review these Terms of Service and any applicable policies to understand the most current terms and conditions that apply to your use of the Application and Services.
This license granted to you for the use of the Application is limited to a non-exclusive, revocable, non-transferable license to use the Application on any device that you own or control.
You may not rent, lease, lend, sell, redistribute, or sublicense or otherwise transfer in whole or in part the Application to another party.
You may not create, develop, license, install, use, or deploy any third-party software or services to circumvent, enable, modify, or provide access, permissions, or rights to work around any technical limitations in the application and these terms.
You may not copy (except as expressly permitted by this license) or publish the Application for others to copy, decompile, reverse engineer, decompile, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof.
Any attempt to do so is a violation of Our rights.
If you breach this restriction, you may be subject to prosecution and damages.
You may not use the Application in any way that is against the law.
The terms of the license will govern any upgrades provided by Us that replace and/or supplement the original Application.
We retain all rights, title, and interest in and to the Application, Services, Modifications, and related documentation and in all related copyrights, trade secrets, patents, trademarks, domains, logos, trade dress and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights.
You may not remove any titles, trademarks or trade names, copyright notices, or other proprietary markings in the application and its documentation.
You are not granted any rights to any trademarks or service marks of the Application.
We retain all rights not expressly granted to you under these Terms of Service.
“Modification”: means and includes each and every (i) periodic update to the Application or (ii) any enhancement or improvement to the functionality of the Application (whether to meet your specific requirements or not) and in each case made available to you by Us at our sole discretion from time to time as part of Our Services.
Use of the Application and Services allows Us to gather certain information from and about you.
Our Privacy Policy describes what information We gather, how We gather it, and how We use it.
These Terms of Service incorporate the provisions of the Privacy Policy, and you agree to them as if they were set forth in full herein.
To create an account and register for any of the Services, you must provide your full legal name, a valid email address for you, a valid phone number for you, and any other information requested to complete the signup process (the “Registration Data”).
The information We obtain through your use of the Services, including your Registration Data, is subject to Our Privacy Policy.
You are free to delete your account any time and you may do so by informing Us or through the options made available through your account.
We do not maintain any backup of sorts of your data.
Therefore, once your account is deleted, the data in it may be permanently unrecoverable, and this includes any account balance which was left in your account at the time of deleting.
You are the sole authorized user of your account. You are solely and fully responsible for maintaining the confidentiality and accuracy of your account information, including your account password.
Therefore, you must take steps to ensure that others do not gain access to your password and account.
You are also responsible for all activities that occur in connection with your account.
If you suspect that any unauthorized party is using your account, you agree to notify Us immediately.
You may not transfer or share your account with anyone, and We reserve the right to immediately terminate your account if we find out that you have transferred or shared your account.
You further agree to notify Us immediately of any unauthorized use of your password or any other breach of the security of your account.
We reserve the right to remove or reclaim any usernames/passwords at any time and for any reason.
You acknowledge and agree that you have no ownership or other property interest in your account and that all rights in and to your account are owned by and inure to our benefit.
You agree that use of this Application and Services requires your personal data, and EV Cosmos will have the right to process your personal data including your charging data, debit/credit card details, Registration Data and other personal information.
This includes storing your personal data and transmitting such data.
Such transfer, processing or storage shall only be to the extent necessary for, and for the sole purpose of, enabling Us to provide you the Service and perform Our obligations hereunder.
You also consent to Us sending you notifications via our Services from time to time, as necessary to provide our Services to you.
Information that We collect from you is more fully set out and is subject to the terms found in Our Privacy Policy.
The look and feel of our Application and Services are copyright owned by ChargeNET and all rights therein are hereby reserved.
While you retain all rights to your content that you share with Us, you grant Us and Our agents and affiliates including our licensee EV Cosmos a non-exclusive, fully paid, sub-licensable and transferable right to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through Our Application and Services.
The rights you grant in this license are for the limited purpose of operating and providing Our Application and Services.
You are responsible for obtaining the data network access necessary to use the Services.
Your mobile network's data may apply if you access or use the Application from your personal device.
You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Application and any updates thereto.
We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices.
In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications for which We shall not be responsible or liable.
You are advised to refrain from charging your electric vehicle using our Services under lightning and stormy weather conditions.
You further undertake to –
Certain components or features of the Services may include materials from third parties and/or hyperlinks to other resources, websites, or content that is operated by companies that are not affiliated with Us such signing in through Google or Facebook.
You agree to the terms of use, privacy policy, and other agreements of such third party service providers which will operate solely between you and them.
You acknowledge and agree that We do not endorse or warrant the accuracy of any such sites or resources.
You further acknowledge and agree that We (i) are not responsible for the availability of such sites or resources;
(ii) shall in no way be liable or responsible for any content, advertising, products or materials on or available from such sites or resources;
and (iii) shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such third party websites, hyperlinks to other resources, content, advertising, products or materials on or available from such sites or resources.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE APPLICATION AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES OTHER THAN THE EXPRESS WARRANTIES OF THIS AGREEMENT.
THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL THEIR ESSENTIAL PURPOSE.
WE DO NOT WARRANT THAT THE SERVICES WILL BE FREE FROM ALL BUGS, ERRORS, OR OMISSIONS.
WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION AND SERVICES, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION AND SERVICES WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
WE SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE ACCURACY OF ANY THIRD- PARTY DATA AND CONTENT, AND YOU ACKNOWLEDGE THAT SUCH THIRD-PARTY DATA AND CONTENT IS OUTSIDE OF OUR CONTROL.
YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES CAUSED BY DATA OR CONTENT PROVIDED BY THIRD PARTIES, DELAYS RESULTING FROM HARDWARE AND SYSTEMS OWNED AND CONTROLLED BY THIRD PARTIES (INCLUDING WITHOUT LIMITATION YOUR OWN DATA TRANSMISSION SPEEDS), DATA ENTRY ERRORS, USER ERRORS, OR ANY OTHER LIMITATIONS, ERRORS, OR DELAYS THAT ARISE DURING AS LONG AS THESE TERMS OF SERVICE ARE VALID AND THAT CANNOT BE PREVENTED OR MITIGATED BY US.
YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF COVER, SUBSTITUTE GOODS, OUT OF POCKET COSTS OR ANY OTHER PURE ECONOMIC LOSSES, COMMERCIAL DAMAGES OR LOSSES, RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS OF SERVICE, US, OR YOUR USE OR INABILITY TO USE THE APPLICATION AND SERVICES, HOWEVER CAUSED, REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, TORT OR OTHERWISE AND EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE TO YOU FOR ANY DAMAGE OR ALTERATION TO YOUR EQUIPMENT INCLUDING, BUT NOT LIMITED TO, COMPUTER EQUIPMENT, HANDHELD DEVICE, OR MOBILE TELEPHONES AS A RESULT OF THE INSTALLATION OR USE OF THE SERVICES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS OF SERVICE, US, OR OUR APPLICATION AND SERVICES EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100) .
THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The electric vehicle chargers are maintained by EV Cosmos and We only provide the charging service, know-how and infrastructure.
Please note that neither we nor any of Our associate companies will be liable for any damage caused to any such property, charging unit or your electric vehicle, due to the negligence, misuse and / or misconduct of EV Cosmos or any other user of the electric vehicle charging facility.
We are not involved in providing any consultancy or advise related services regarding repairs, spare parts and/pr performance of electric vehicles.
As such We are not liable in any way for implication/s arising out of opinions expressed and/or representations made whether expressed or implied, by EV Cosmos, any of Our employees or representatives.
If such advice is provided, you must utilize such advice at your own risk.
If anyone brings a claim ("Third-Party Claim") against Us related to your actions, information, or content provided to Us, or any other use of Our Services by you, you will, to the maximum extent permitted by applicable law, defend, indemnify, and hold Us harmless, our affiliates, employees, officers, agents, managers, members and successors, and assigns from all damages and liability such persons may incur including, without limitation, reasonable attorneys’ fees, arising from or as a result of (i) your use of the Application and Services under these Terms of Service, or (ii) your violation of any applicable laws or (iii) any misrepresentation made by you. This obligation shall survive the termination or expiration of these Terms of Service and/or your use of the Application and Services.
You will cooperate as fully as required by Us in the defense or settlement of any such Third-Party Claim.
You agree that We or EV Cosmos may, in Our sole discretion, terminate or suspend your access to all or part(s) of the Services with notice and for any reason that We believe in good faith to be a breach of these Terms of Service.
If We or EV Cosmos terminate or suspend your right to use the Services for any of these reasons, you will not be entitled to any refund.
In addition to terminating or suspending your account, We and/or EV Cosmos reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Furthermore, any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Application and Services immediately ceases, and you acknowledge and agree that We may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files on the Applications.
We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension, or any other actions taken by Us in connection with such termination or suspension.
All provisions of these Terms of Service which by their nature would reasonably be anticipated to survive the expiration or termination of these Terms of Service shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Service.
By downloading and using the Application, you also agree to EV Cosmos’s claim on any carbon credits generated by way of reduction in carbon emissions from the charging of your electric vehicle through the charging facility operated by EV Cosmos.
Entire Agreement . These Terms of Service constitute the entire agreement between you and Us with respect to the subject matter hereof, and replaces, amends, and supersedes any prior agreements between you and Us pertaining to the subject matter hereof.
Governing Law . These Terms of Service will be governed and construed under the laws of India without regard to conflict of laws.
You agree to submit to the exclusive jurisdiction of the Courts located in Bhopal India.
Waiver/Severability . The waiver or failure of either You or Us to exercise any right in any respect provided for herein shall not be deemed a waiver of any further right hereunder.
If any provision of these Terms of Service is determined to be invalid or unenforceable under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of these Terms of Service shall remain enforceable.
Force Majeure. If the performance of any part of these Terms of Service is prevented, hindered, delayed, or otherwise made impracticable by reason of any cause or event not within the reasonable control of Us and without Our fault or negligence, We shall then be excused from such to the extent that it is prevented, hindered, or delayed by such causes.
Headings. The headings contained in these Terms of Service are for reference purposes only and do not affect in any way the meaning or interpretation of these Terms of Service.
In case of deletion of customer account by the customer, the balance wallet Amount can be refunded by the EV COSMOS only after validation of transactions at CMS side & payment gateway side and on customer request. However, if the reload by the customer is more than 6 months old the refund of balance amount will not be refunded.
For Refund, Customer need to initiate the Email communication with the support team. In the email, customer should give all the details, including name, phone Number, Email ID, Customer number, Balance wallet Amount, Date of Deletion of Account, Reason of Deletion, and the Bank Details for the customer (Require for Bank Transfer). The email ID for sending manual refund is info@evcosmos.in After receipt of communication from the customer, EV COSMOS will refund the Wallet balance amount to the customer through the bank transfer within 10 working days.
Refund will be initiated through the exact path and method from which the payment was received.
Any refund request Can only be fulfilled if made within 6 months of the reload done in the account of the company through payment gateway. Refund is eligible only for the amount loaded by the customer; EV COSMOS is liable to initiate the refund for the exact amount loaded by the customer without any interest for the lapsed period. Any charges deducted from the bank side inclusive of taxes shall be deductible on the customer’s account.
The amount available in the wallet can any time be used for the purpose of ev charging in EV COSMOS network.
If you have any questions about our Terms of Service, do not hesitate to contact us at info@evcosmos.in