Effective Date: 6th September 2022.
InstaCharge and Pulse Energy is inter alia in the business of providing software services to companies that operate electric vehicle charging stations.
By entering into this Pulse Energy Account Agreement (“Agreement”) with Pulse Energy, you may use the Pulse Energy Mobile Application, the electric vehicle charging stations which are on Pulse Energy's network, and purchase any other related products or services offered by Pulse Energy including radio frequency identification card(s) known as “RFID Cards” that give access to charging stations on Pulse Energy's network (collectively, “Services”).
Please read this Pulse Energy Account Agreement carefully. For accessing or using the Services, you agree to be bound by the terms of this Agreement.
If you are submitting a Pulse Energy Account Application in connection with an offer or program (“Program”) offered by Pulse Energy in conjunction with one of its partners (each, a “Program Partner”), you acknowledge and agree that any additional program-specific terms and conditions made available to you shall apply to your participation in such Program (“Program Terms”). To the extent there is a conflict between this Agreement and any Program Terms, the Program Terms shall control as it relates to your participation in the Program.
In case you are an employee, associate or consultant of any organisation to which we have extended our Services, you may be given an option to use your corporate profile (in addition to your public profile) for availing the Services. All information shown to you as a corporate profile user including your profile information, charger related information and payment mechanism information will be controlled by the corporate admin user of your organisation, and Pulse Energy shall not be responsible for any information shown on the Pulse Energy Mobile App for your corporate profile.
By entering into this Agreement, you agree to pay all the fees (“Session Fees”) for access to a charging session initiated by you, or through the use of your Pulse Energy RFID card in any manner, including, without limitation, with your Pulse Energy RFID card at a station, remotely by a customer service agent at your request or using an application embedded in any smart phone or similar technology.
You further agree to use your Pulse Energy RFID card and Pulse Energy Mobile App solely in accordance with instructions provided to you by Pulse Energy and in compliance of all applicable laws and regulations, as well as any policies and rules of the owner of the Pulse Energy Enabled Charging Station and/or the owner of the property on which the Pulse Energy Enabled Charging Station is located.
You shall promptly update online any changes to your name, email address, mailing address, PIN Code, GSTIN details, telephone number and payment gateway related information when that new information is first known. You remain liable for all Session Fees billed to your account until you have notified Pulse Energy Customer Service of any changes in your Pulse Energy RFID card or until you have canceled your account.
If you wish to submit a complaint regarding a particular transaction charged to your Pulse Energy Account, you shall notify Pulse Energy within 7 days of the date of the transaction by writing to us at email@example.com. The complaint shall clearly indicate the type of error in the transaction. Complaints regarding incorrect charging costs are processed and determined by Pulse Energy. If and when a complaint is accepted, Pulse Energy shall compensate you for the amount without delay. If the complaint is rejected, Pulse Energy will inform you of the result within 90 days from the receipt of written complaint.
Pulse Energy RFID Card or Pulse Energy Mobile Application may be used to pay Session Fees on any publicly accessible Pulse Energy Enabled Charging Stations, and on any private Pulse Energy Enabled Charging Station you are allowed to use. In the case of charging through Pulse Energy Mobile Application, before the initiation of your charging session, based on your charging requirement inputs, you will be informed through the Pulse Energy RFID Mobile App about the estimated amount for the session. When using your Pulse Energy RFID Card or Pulse Energy Mobile Application for payment of Session Fees, a record of your transaction will be created. Session Fees will be charged to your account in accordance with the price configured as per the actual consumption which may be different from the estimated amount informed through the Pulse Energy Mobile App. It is your responsibility to be aware of the price charged for access to the applicable Pulse Energy Enabled Charging Station. If you use, or allow another person to use, your Pulse Energy RFID Card or the Pulse Energy Mobile Application on any Pulse Energy Enabled Charging Station, you agree to pay the fees specified in that regard.
Payment Processing and Wallet Terms
For availing the Services, you shall select one of the payment mechanisms offered by Pulse Energy. You shall be providing appropriate payment information to enable Pulse Energy to receive due amount against Transaction and create a valid invoice for the Transaction. You shall be depositing from time to time prepaid amounts towards your account balance and the Session Fees associated with your charging session will be deducted from that balance. You authorize Pulse Energy to, from time to time, deduct amounts payable towards Session Fees from your account. For a charging session to be successfully initiated, your Pulse Energy RFID Account must have a minimum balance in excess of INR 50 of the estimated amount of your Session Fees as informed through the Pulse Energy Mobile App. You shall ensure that the registered payment mechanism is valid and that it has sufficient balance. In case payment cannot be processed and the balance in your account cannot be deducted, we reserve the right to close your Pulse Energy RFID Account. Pulse Energy further has the right to require payment directly from you in case of any negative account balance. You may opt to use the Pulse Energy Account, which is also known as “Pulse Energy RFID Account”, to pay for the Services. Any money deposited in the Pulse Energy Account will be non-refundable, non-transferrable and may only be used to pay for the Services.
If a Pulse Energy RFID Card fails to operate for reasons other than abuse or improper use and is returned to the Pulse Energy Customer Service Center, Pulse Energy will replace that Pulse Energy RFID Card at no charge.
If a Pulse Energy RFID Card or mobile phone with Pulse Energy RFID Mobile Application installed is lost or stolen, please report such loss or event online, immediately (by deleting your card from your Pulse Energy RFID Account), or, if you do not have access to the internet, inform Pulse Energy Customer Service immediately (see contact information at the end of this document). You remain liable for all Session Fees initiated with your Pulse Energy RFID Card or through the Pulse Energy Mobile Application until such notification.
You are responsible for all use of the Pulse Energy Mobile Application under your user name. You agree that, while Pulse Energy has attempted to provide accurate information on the Pulse Energy Mobile Application, such information may change frequently and in no event will Pulse Energy be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the Pulse Energy Mobile Application, or that any such information, materials, or other content is the most up-to date.
Pulse Energy uses all reasonable efforts to ensure that the availability of Pulse Energy Enabled Charging Stations can accurately be tracked in Pulse Energy Mobile Application, but cannot guarantee or assure that the charging stations will be available for provision of Services at any given point of time, and expressly disclaim any warranty of availability of the Pulse Energy Enabled Charging Stations at any point of time as displayed in the Pulse Energy Mobile Application.
When you add money to your Pulse Energy RFID Account, GST of 18% or as applicable will be levied and hence, the actual amount debited in the account will be the amount of money left after deducting the TDS. Therefore, to avoid double taxation, no GST will be levied on payment for your charging session while using Pulse Energy RFID Account.
Either Party may terminate this Agreement at any time without assigning any reason. Following any termination, you remain responsible for payments owed under this Agreement. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fines, or penalties, and you may be subject to collection actions for any unpaid balance.
Pulse Energy reserves the right to change the terms of this Agreement at any time by providing written notice to you, which, for these purposes, shall include an email sent to the email address you have on file with Pulse Energy. You agree that all changes become applicable to you when you use Pulse Energy RFID Card or Pulse Energy Mobile Application after that date.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE Pulse Energy RFID CARDS, Pulse Energy ENABLED CHARGING STATIONS AND THE Pulse Energy MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Pulse Energy EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Booking and Cancellations:
Pulse Energy Mobile Application may provide an option of advance booking on some Pulse Energy Enabled Charging Stations (“Booking Feature”). For booking any charging station in advance, a boooking fee (“Booking Fee”) is payable from your selected payment mechanism. The Booking Fee paid by you is non-refundable and non-transferable, and can be applied only on the Pulse Energy Enabled Charging Station selected at the time of booking and only for the time period for which the booking is made (“Booking Slot”). Please note that charging at your selected Pulse Energy Enabled Charging Station will auto-stop 5 minutes before the end of your Booking Slot, or before the end of the last Booking Slot in case you have booked multiple consecutive Booking Slots, to allow you time to disconnect your electric vehicle and egress from the charging station before the next Booking Slot.
If you use the Booking Feature, once a booking is made, apart from the Booking Fee deduction, your estimated Session Fees plus an additional amount of INR 150 will be blocked from your account (“Blocked Amount”). Session Fees shall be adjusted against the Blocked Amount and any amount remaining from the Blocked Amount will be refunded back to the original payment mechanism) selected by you at the time of booking. 100% of the Booking Fee shall be adjusted in the Session Fees for charging done during the Booking Slot(s) if the Session Fees exceed the Booking Fee. In the event, Session Fees are less than the Booking Fee then the Session Fees shall be adjusted against the Booking Fee and the balance amount shall be forfeited and can neither be applied for future bookings nor be refunded. You may be eligible for a partial or full refund of Booking Fee only as per the Booking & Cancellation Policy available on the Pulse Energy Mobile Application. For eligible refund requests, the whole or portion of the Booking Fee which qualifies for refund will be refunded to the original payment mechanism within 30 days of the request.
Pulse Energy makes all reasonable efforts to ensure that Pulse Energy Enabled Charging Stations are available for charging during the Booking Slot(s), however there may be unforeseen events beyond our control which affect availability of Pulse Energy Enabled Charging Stations during the Booking Slot. Pulse Energy hence, reserves the right to cancel any advance booking at any time before or during the Booked Slot without assigning a reason for the same. Pulse Energy shall not be responsible for any losses incurred by you due to a booking being canceled or for the Pulse Energy Enabled Charging Station not being available for charging during the Booked Slot(s) due to any reason. If a booking is canceled by Pulse Energy or your selected Pulse Energy Enabled Charging Station is unavailable for the Booking Slot or any part thereof, Pulse Energy will refund the Booking Fee in full or partially, as may be applicable, upon receipt of an application with valid accompanying documentary/photographic evidence from you. Pulse Energy will respond to any refund request made within 90 days from the date of request.
You agree to indemnify, protect, and hold harmless Pulse Energy and its directors, officers, employees, agents and distributors, and Program Partners and entities on whose premises the Pulse Energy Enabled Charging Stations are installed, and their respective directors, officers, employees and agents (collectively, the “Indemnified Parties”) from all liability for any loss, damage or claim arising from or related to your misuse or misapplication of the Services, damage to the charging station or damage to the charging station premises, or otherwise for any breach of the terms of this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER PULSE ENERGY NOR ANY PROGRAM PARTNER SHALL BE LIABLE FOR, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, , DAMAGES FOR LOSS OF PROFITS, GOODWILL, , USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Pulse Energy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE SERVICES.
To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnified Parties from all loss, damage, or injury whatsoever, known or unknown, whether arising in tort or contract or otherwise arising out of or in any manner connected with the Services, including the use of the Pulse Energy Enabled Charging Stations. You agree that none of the Indemnified Parties will incur any obligation or liability for any such loss, damage or injury to the maximum extent allowable by law.
Contact us at 7777021222 or drop us a note at firstname.lastname@example.org if you have any questions.
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