Terms and conditions
1. INTRODUCTION
Welcome to Anayon Quantum Energy Private Limited’s EV Charging Application (the “App”). These Terms and Conditions (“Terms”) govern your access to and use of our mobile application, including any content, functionality, and services offered through the App.
By downloading, accessing, or using our App, you agree to be bound by these Terms. If you do not agree to these Terms, please do not download, access, or use the App.
2. DEFINITIONS
● “We,” “Us,” “Our,” “Company” refers to Anayon, its subsidiaries, and affiliates.
● “You,” “Your,” “User” refers to the individual accessing or using the App.
● “App” refers to our EV charging mobile application available on iOS and Android platforms.
● “CPO” means Charge Point Operator, any entity that operates EV charging stations.
● “Service” refers to the EV charging services and related information provided through our App.
● “Content” refers to all information displayed on the App including text, graphics, user interfaces, visual interfaces, photographs, logos, sounds, music, artwork, and computer code.
3. ELIGIBILITY
To use our App, you must be at least 18 years old and possess the legal authority to enter into these Terms. By using the App, you represent and warrant that you meet these requirements.
4. ACCOUNT REGISTRATION
4.1 Creating an Account
To access certain features of the App, you must register for an account. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
5. EV CHARGING SERVICES
5.1 Service Description
The App provides access to EV charging stations operated by us and by third-party CPOs. Through the App, you can locate charging stations, initiate charging sessions, monitor charging progress, and make payments.
5.2 Third-Party CPOs
The App displays charging stations operated by third-party CPOs. We do not own, control, or maintain these third-party charging stations. When using third-party charging stations, you may be subject to additional terms and conditions set by the respective CPO.
5.2.1 Third-Party CPO Pricing
Charging rates, fees, and pricing for third-party CPO charging stations are set solely by those CPOs, not by Anayon. We have no control over or responsibility for the rates charged by third-party CPOs. The App will display pricing information as provided by these third-party CPOs, but Anayon does not guarantee the accuracy of this information. Prices may change without notice at the discretion of the third-party CPO.
5.2.2 Payment for Third-Party CPO Services
When you use charging stations operated by third-party CPOs through our App, you are creating a payment obligation either:
● Directly with the third-party CPO, with payment facilitated through our App, or
● With Anayon, which then settles payment with the third-party CPO on your behalf
In either case, you agree to pay all charges incurred for using third-party charging stations at the rates set by those CPOs. Anayon serves only as a payment facilitator or intermediary for these transactions and is not responsible for the charging rates applied.
5.2.3 Disputes Regarding Third-Party CPO Services
Any disputes regarding charging rates, service quality, or other aspects of service provided by third-party CPOs must be primarily addressed to the CPO in question. While Anayon may, at its discretion, assist in communicating with third-party CPOs or provide information about transactions, resolution of such disputes remains the responsibility of the user and the third-party CPO.
5.3 Availability of Charging Stations
We make reasonable efforts to provide accurate information about the availability and status of charging stations. However, we cannot guarantee the accuracy of such information or the availability of any charging station at any given time.
6. PAYMENT TERMS
6.1 Charging Fees
Fees for charging services will vary depending on the charging station, location, time of use, and electricity consumption. The applicable fees will be displayed in the App before you initiate a charging session.
6.1.1 Anayon Charging Stations
For charging stations owned and operated by Anayon, we set the pricing and charging rates, which may vary by location, time of day, subscription status, and other factors.
6.1.2 Third-Party CPO Charging Stations
For charging stations owned and operated by third-party CPOs, all pricing and charging rates are set exclusively by those CPOs. Anayon has no control over these rates and serves only as a platform displaying this information and facilitating payment.
6.2 Payment Methods
We accept various payment methods as specified in the App. You authorize us to charge your selected payment method for all charges incurred through your account.
6.3 Billing
You will receive a receipt for each charging session through the App or via email. For subscription services, you will be billed according to the terms of your selected plan.
6.4 Refund Policy
Refund policies vary depending on the circumstances and can be triggered in following circumstances
• Error in uploading the balance in the wallet to avail charging services
• Unable to start charging in a charging station due to technical problems.
Please refer to our Refund Policy section in the App or contact our customer support for specific information.
6.4.1 Refunds for Third-Party CPO Services
For charges related to third-party CPO services, refund policies are primarily determined by the respective CPO. Anayon will assist in processing refund requests in accordance with the CPO’s policies but cannot guarantee refunds for third-party services.
7. USER CONDUCT
7.1 Prohibited Activities
You agree not to:
● Use the App for any illegal purpose or in violation of any local, state, national, or international law
● Interfere with or disrupt the operation of the App or servers
● Attempt to gain unauthorized access to the App or its related systems
● Use automated means to access the App without our express permission
● Impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity
● Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the App
● Remove any copyright, trademark, or other proprietary notices from the App.
7.2 Charging Station Etiquette
When using charging stations, you agree to:
● Follow all posted instructions at charging stations
● Move your vehicle promptly after charging is complete.
● Report any damage or malfunction to us or the station operator
● Treat charging equipment with care and respect
8. INTELLECTUAL PROPERTY
8.1 Ownership
The App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial purposes.
9. PRIVACY
Your privacy is important to us. Our Privacy Policy, available in the App, explains how we collect, use, and disclose information about you. By using the App, you consent to the collection and use of information as described in our Privacy Policy.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY
10.1 Service Availability
The App and its services are provided on an “as is” and “as available” basis. We do not guarantee that the App will be uninterrupted, error-free, or free from harmful components.
10.2 Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
10.4 Third-Party CPO Services
ANAYON EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM OR RELATED TO THE SERVICES PROVIDED BY THIRD-PARTY CPOS, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, FUNCTIONALITY, PRICING, OR QUALITY OF SUCH SERVICES. USERS ACKNOWLEDGE THAT WHEN USING THIRD-PARTY CPO CHARGING STATIONS, THEY ARE ENTERING INTO A SERVICE RELATIONSHIP WITH THAT CPO, AND ANAYON SERVES ONLY AS A PLATFORM FACILITATING THAT RELATIONSHIP.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App.
12. TERMINATION
12.1 Termination by You
You may terminate your account at any time by following the instructions in the App or by contacting our customer support.
12.2 Termination by Us
We may terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason, including if you breach these Terms.
12.3 Effect of Termination
Upon termination, your right to use the App will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12.4 Refund of Remaining Value in Wallet (After Termination)
Upon termination (by the company or you), you can reach out to Ananyon’s customer service to explore whether any amount left over in the wallet may be refunded to your account or payment mode. All requests will be taken up on a case by case basis, and applicable taxes and process charges and costs will be deducted prior to the refund being finalised and processed.
13. CHANGES TO TERMS
We may revise these Terms at any time by updating this posting. Your continued use of the App after such changes constitutes your acceptance of the new Terms.
14. GOVERNING LAW AND DISPUTE RESOLUTION
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of Delhi, without regard to its conflict of law principles.
14.2 Dispute Resolution
Any dispute arising out of or relating to these Terms or the App shall be resolved through:
● First, by attempting in good faith to negotiate a resolution
● If negotiation fails, through binding arbitration conducted in Delhi according to the rules of laid by said authority.
14.3 Class Action Waiver
YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15. MISCELLANEOUS
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and the Company regarding the App and supersede all prior agreements and understandings.
15.2 Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
15.3 Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, the remainder of these Terms shall continue in full force and effect.
15.4 Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by the Company without restriction.
15.5 Contact Information
For questions about these Terms, please contact us at:
● Email: support@Anayon.in
16. APP STORE SPECIFIC TERMS
16.1 Apple App Store
If you download the App from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
16.2 Google Play Store
If you download the App from the Google Play Store, you agree to Google’s Terms of Service and Policies.
By using our App, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.