Terms of Use
PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (HEREINAFTER ‘WEBSITE’). THESE WEBSITE TERMS OF USE (HEREINAFTER ‘TERMS OF USE’) GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (HEREINAFTER ‘YOU’ OR ‘YOUR’) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.
These Terms of Use have been drafted in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of https://flextronev.com/, its subdomains, forums, and any other products, services and applications.
For the purpose of these Terms of Use, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of the Website by accessing the website through a suitable computer or mobile system, or providing Personal or Non-Personal Information as outlined in the Privacy Policy while accessing the Website using computer or mobile systems. The terms “We”, “Us”, and “Our” shall mean Company. Please review our Privacy Policy, which also governs your visit to this Site and is considered to be a part of the Terms of Use by reference, to understand our internal policies and practices. The personal information/data provided to us by you during the course of usage of https://flextronev.com/ will be treated as strictly confidential and in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website.
Use of the Website is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Company website and shall not transact on or use the Website. As a minor, if you wish to use or transact on the Website, such use or transaction may be made by your legal guardian or parents on the Website. Company reserves the right to refuse You access to the Website if it is brought to the Company’s notice or if it is discovered that you are under the age of 18 years. By visiting the Company Website or accepting these Terms of Use, You represent and warrant to the Company that You are 18 years of age or older, and that You have the right, authority, and capacity to use the Website and agree to and abide by these Terms of Use. You also represent and warrant to the Company that You will use the Website in a manner consistent with any and all applicable laws and regulations.
Company reserves the right to refuse access to use the Services offered at the Website to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.
This Website allows the User to surf the Website. Your use of the Website and services and tools are governed by the Terms of Use as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website/ application/forum, You shall be subject to the policies that are applicable to the Website/application/ forum for such transaction. By mere use of the Website/Applications/Forum, You shall be contracting with Company and these terms and conditions
including the policies constitute your binding obligations, with the Website/Applications/Forum.
Any services or products that are subject to the terms of a separate agreement, as well as certain specific terms or agreements that may apply to the use or sale of services or products provided to You, but transacted via this website will be accompanied by the applicable Service Agreements or Sales Agreements as the case may be in appropriate forms. These forms include but are not limited to physical copies, notices, hyperlinks, associated announcements, electronic communications such as email or other forms deemed fit by the Company in accordance with the laws of the land.
Flextron may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will be deemed as acceptance of such changes. Any aspect of the Web Site may be changed, supplemented, deleted or updated without notice, at the sole discretion of Flextron. Flextron may also change or impose fees for products and services provided through the Web Site at any time, at its sole discretion. Flextron may establish or change, at any time, general practices and restrictions concerning other Flextron products and services at its sole discretion.
Company does not charge any fee for browsing the Website/forum. Company reserves the right to change its Fee Policy from time to time. In particular, the Company may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Company reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees.
Company grants you limited rights to access and make personal use of this Website/Applications/Forum, but not to download (other than page caching) or modify it, or any portion of it. These rights do not include any commercial use of this Website/Applications/Forum or its contents; any collection and use of any content, descriptions, or prices; any derivative use of this Website/Applications/Forum or its contents; any downloading or copying of account information for the benefit of a third-party; or any use of data mining, robots, or similar data gathering and extraction tools.
This Website/Applications/Forum or any portion of this Website/Applications/Forum (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose, without the explicit, written, prior permission of the Company.
You must not use the Website/Applications/Forum in any way that causes, or is likely to cause, the Website/Applications/Forum or access to it to be interrupted, damaged or impaired in any way or impacts/impairs or damages the use of or access to the Website/forum/applications by any other user, or the ability of the Company to deliver the necessary services or products to other users.
You may not disguise the origin of information flowing through the website/forum/applications, place false or misleading information on the website/forum/applications.
Our Website/forum/application prohibits the use of language that is racist, hateful, sexual or obscene in nature in any form whatsoever. The Company reserves the right to temporarily or permanently suspend
access to the Website/forum/application in the event of a breach of the above condition.
You understand that you, and not Company, are responsible for all electronic communications and content sent from your computer to us and you must use the Website/Applications/Forum for lawful purposes only. You must not use the Website/Applications/Forum for any of the following: for fraudulent purposes, or in connection with a criminal offense or other unlawful activity to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam” to cause annoyance, inconvenience or needless anxiety, We reserve the right to initiate action under applicable laws for unauthorized use, exploitation or disclosure of vulnerabilities, content of Website/Applications/Forum, customer information, etc.
Outbound Links. The Web Site may contain links to third-party Web Sites and resources (referred to collectively hereinafter as “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Flextron of the content of such Linked Sites. Flextron makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Flextron shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, you do so at Your own risk. In addition, your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.
Inbound Links. Linking to any page of the Web Site other than to https://flextronev.com/ through a plain text link is strictly prohibited in the absence of a separate linkage agreement with Flextron or any other suitable written, prior permission. Any website or other devices that link to https://flextronev.com/ or any page available therein is prohibited from replicating Content, using a browser or border environment around the Content, implying in any fashion that Flextron or any of its affiliates endorse it or its products, misrepresenting any state of facts, including its relationship with Flextron or any of the Flextron affiliates, presenting false information about Flextron products or services, and using any logo or mark of Flextron or any of its affiliates, without express written permission from Flextron.
We expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or the content (including product information and/or specifications) on the website or on any third party links that the website might be referring to. While we have taken precautions to avoid inaccuracies in content, this Website/Applications/Forum, all content, information, software, products, services and related graphics are provided as is, without warranty of any kind. You hereby expressly release Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.
To the fullest extent permitted by law, these Terms of Use are governed by the internal laws of India and courts in Bengaluru, India will have jurisdiction.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforced.
You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.
1. Acceptance of Terms
By accessing and using Flextron’s electric vehicle chargers, you agree to be bound by these terms and conditions. If you do not agree to these terms, please refrain from using our products.
2. Product Information
Flextron reserves the right to modify the specifications, features, and design of its EV chargers without prior notice. Product images and descriptions are for illustrative purposes only. Actual products may vary.
3. Orders and Payment
Orders are subject to acceptance by Flextron. We reserve the right to refuse or cancel an order for any reason. Prices are subject to change without notice. All orders are invoiced at the current pricing at the time of order
placement. Payment terms and methods are outlined in the invoice. Failure to adhere to these terms may result in order cancellation.
4. Shipping and Delivery
Flextron will make reasonable efforts to meet delivery estimates, but we are not liable for delays beyond our control. Customers are responsible for inspecting products upon delivery. Any damage or discrepancies must be reported within 5 days of receipt.
5. Warranty and Support
Flextron provides a limited warranty on its EV chargers. Details of the warranty coverage are provided in the product documentation. Technical support is available through care@flextronev.com. Flextron is not responsible for damages resulting from misuse or unauthorized modifications.
6. Intellectual Property Rights:
All products parts, processes, applications, software, technology, works of authorship, inventions, notes, manuals, data and documentation (if any), in relation to the Charging Station, together with all right, title and interest, including any Intellectual Property Rights therein, and other tangible or intangible work product and materials will be the exclusive property of the 1stParty.
The 2nd Party hereby acknowledges that all Intellectual Property Rights in the Charging Station shall belong solely and absolutely to the 1st Party. The 2nd Party shall not have any legal claim on it and may not use/distribute/reverse engineer/commercially exploit or otherwise cause such Intellectual Property to fall in public domain knowingly or unknowingly, either directly or indirectly.
At the request and expense of the 1st Party, the 2nd Party will sign such documents and do such things reasonably necessary in the opinion of the 1st Party to enable the 1st Party to obtain, defend and enforce its Intellectual Property Rights in the Charging Station.
All copyright, trademark, patent, design, technical know-how and other intellectual property rights to the Licensed Application, including corrections, enhancements, updates, modifications, customizations, versions, translations or any derivatives thereto, are the sole and absolute property of the Licensor. Your usage of the Licensed Application does not transfer any rights to the Licensed Application, except for the limited license to use the same for accessing Data.
7. Confidential Information:
Except with the prior written permission of the 1stParty, the 2nd Party shall not:
- Disclose the Confidential Information to any other person;
- Make copies of the Confidential Information;
- Disclose to any other person the details of this Agreement and the engagement agreed or proposed between the Parties;
- Reproduce, reverse engineer, copy, view, tamper corrupt, access or use the software containing Confidential Information;
Any reproduction of Confidential Information shall contain all confidential or proprietary legends that appear on the original. The 2nd Party shall not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of 1stParty’s Confidential Information;
The 2nd Party will promptly, upon discovery, notify 1st Party in writing in case of any loss or unauthorized disclosure of Confidential Information.
The 2ndParty agrees to hold the 1st Party’s Confidential Information instruct confidence and to use it only for business purposes (“Purpose”). The 2nd Party agrees to limit the disclosure to those officers, directors, employees and contractors having a need-to- know only for the Purpose and having similar confidentiality obligations imposed upon them; and
8. General:
The Parties agree that the relationship between the Parties is that of principal and principal only. Nothing contained in the Agreement and these Additional Terms shall be construed or interpreted as constituting an agency, a partnership or employer-employee relation between the Parties. All notices which are required to be given hereunder shall be in writing and shall be sent to the address of the recipient set out in the name clause of the Agreement (either Party may change their respective address or service by giving notice of the change to the other Party). Any such notice may be delivered personally, by commercial overnight courier, facsimile transmission or email. Neither Party shall assign or otherwise transfer the Agreement or Additional Terms or any of its rights and obligations hereunder whether in whole or in part, without prior mutual agreement between the Parties.
Failure or delay by either Party to enforce any provision of the Agreement or Additional Terms shall not be deemed a waiver of future enforcement of that or any other provision. The provisions contained in each clause and sub-clause of the Agreement and Additional Terms, shall be enforceable independently of each of the others and if a provision of this Agreement is, or becomes, illegal, invalid or deemed unenforceable by any court or administrative body of competent jurisdiction it shall not affect the legality, validity or enforceability of any other provisions of this Agreement. If any of these provisions is so held to be illegal, invalid or unenforceable, but would be legal, valid or enforceable if some parts of the provision were deleted, the provision in question will apply with such modification as may be necessary to make it legal, valid or enforceable.
9. Governing Law
The Agreement and Additional Terms shall, in all respects, be governed by and construed in accordance with the laws of India.
Any dispute arising between the Parties out of or in connection with the terms and conditions of the Agreement and Additional Terms shall first be resolved by mutual discussion. In the event the Parties fail to reach an amicable solution within a period of 60 (sixty) days, such dispute shall be referred to arbitration by a sole arbitrator, to be appointed with the consent of both Parties. The arbitration proceedings shall be in
accordance with the Arbitration and Conciliation Act, 1996. The venue of arbitration proceedings shall be Bengaluru, Karnataka. The language to be used in the arbitration proceedings shall be English. The Parties hereby agree that the Courts in Bengaluru and Karnataka should have exclusive jurisdiction.
10. Amendments
Flextron reserves the right to update or modify these terms and conditions at any time. Changes will be effective upon posting on the Flextron website.
11. Limitation and Disclaimer of Warranty
You agree and acknowledge that You assume full responsibility for your use of the Licensed Application. The Licensed Application is being provided on an “as-is” basis without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose.
In particular, the operation of the Licensed Application may be interrupted due to maintenance updates, or system or network failures (if any). However, if Licensor is notified of any interruption or errors in functioning of the Licensed Application, Licensor shall on a best-efforts basis cure such interruption or functional errors, wherever possible.
12. Confidentiality:
The Licensed Application contains information, ideas, data structures, database models, concepts, designs, methods and processes that constitute the business and trade secrets of Flextron. You shall ensure, through appropriate instructions, agreements and other suitable precautions, that all end users comply with the obligations set out herein. The obligation of confidentiality shall remain in effect for as long as Flextron has a legitimate interest in the Licensed Application and even after the contractual relationship between the parties has terminated.
