Please read these Terms of Service carefully as they contain important information about your legal rights, remedies, and obligations. By accessing or using our website: www.evgreens.com and our services, you agree to comply with and be bound by these Terms of Service.
These Terms of Service (“Terms”) constitute a legally binding agreement (“Agreement”) between you and EVGREENS (the contracting entity being “pankaj.madhwal@evgreens.com”; primarily having its office at D-35/711, 100ft Road, Chatterpur, New Delhi 110074, which governs your access to and use of our Website including our mobile, tablet and other smart device applications and all associated services, any updates and up gradation of the same (collectively, “Services”). The website, the applications and the Services are hereinafter collectively called the “www.evgreens.com”.
Our collection and use of personal information in connection with your access to and use of the Website is described in our Privacy Policy.
a. breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Conditions;
b.use, display, mirror or frame the Website or any individual element within the Website, EVGREENS’s name, any EVGREENS trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the Website, without EVGREENS’s express written consent;
c. dilute, tarnish or otherwise harm the REIL brand in any way, including through unauthorized use, registering and/or using EVGREENS or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to EVGREENS’s domains, trademarks, taglines, or promotional campaigns;
d. use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Website for any purpose;
e. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by EVGREENS or any of EVGREENS’s providers or any other third party to protect the Website;
f. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Website;
g. take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Website;
16. EVGREENS may immediately, without notice, terminate this Agreement and/or stop providing access to the Website if (i) you have materially breached your obligations under these Terms, the payments terms, our Policies, (ii)you have violated applicable laws, regulations or third party rights, or (iii)EVGREENS believes in good faith that such action is reasonably necessary to protect the personal safety or property of EVGREENS and its Website visitors, its other users and clients.
17. If you choose to use the Website, you do so voluntarily and at your sole risk. The Website is provided “as is”, without warranty of any kind, either express or implied.
18. As a user of the Website, you shall always input true and correct information about yourself. You understand and agree that EVGREENS does not claim any responsibility for the information that is provided by you.
19. The entire responsibility of checking and adhering to the availability of the EV charging stations lies with the User.
20. If we choose to conduct identity verification or background checks on any user, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a guest or guarantee that a guest will not engage in misconduct in the future.
21. You assume full responsibility for the choices you make before, during and after your use of the Website.
22. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
23. Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website, and/or use of services via the Website or any other interaction you have with EVGREENS’s personnel whether in person or online remains with you. Neither EVGREENS nor any other party involved in creating, producing, or delivering the Website will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, and (ii) from the use of or inability to use the Website. In no event will EVGREENS’s aggregate liability arising out of or in connection with these Terms and your use of the Website including, but not limited to, payment of the charges for the services provided and/or any other applicable charges via the Website, or from the use of or inability to use the Website, exceed the amounts you have paid via the Website.
24. You agree to release, defend (at EVGREENS’s option), indemnify, and hold EVGREENS and its affiliates and subsidiaries, including but not limited to, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the Website, or (iii) your breach of any laws, regulations or third party rights.
25. You and EVGREENS mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Website, (collectively, “Disputes”) will be settled by arbitration. The Arbitration shall be carried out under the Arbitration and Conciliation Act, 1996 (as applicable in India and as amended from time to time).
26. You and EVGREENS each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of EVGREENS’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
27. These terms shall be governed by the laws of India, and the courts in New Delhi shall have the exclusive jurisdiction over the matters pertaining to these Terms.
28. We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Website, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
29. Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between EVGREENS and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between EVGREENS and you in relation to the access to and use of the Website.
30. No joint venture, partnership, employment, or agency relationship exists between you and REIL as a result of this Agreement or your use of the Website.
31. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
32. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
33. EVGREENS’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
34. EVGREENS makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any Information or functionality of the Website or portion thereof is illegal is expressly prohibited. Any access of the Website and the Information thereof by the User from any prohibited jurisdiction is at the entire risk and cost of the User and EVGREENS shall not be responsible for such access. The User shall always be responsible for his own compliance of the applicable laws.
35. Refund Policy
36. We are committed to providing a high-quality service to our customers, and this refund policy outlines the circumstances under which we will issue refunds for charges made through the EVGREENS app.
h. Eligibility for Refunds –
i. Requesting a Refund –
j. To request a refund, please contact the EVGREENS customer service team by emailing “email to be provided or by calling “number to be provided”. Please include your name, email address, phone number, and a detailed description of the issue that you experienced. Our customer service team will review your request and determine whether a refund is warranted.
k. Processing of Refunds –
l. If your refund request is approved, the refund will be processed within 9 business days. The refund will be credited back to your EVGREENS account, or refunded to the payment method that was used to make the original charge.
m. Limitations –