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- This document is an electronic record in terms of the Information
Technology Act, 2000 and the rules there under as applicable and the amended
provisions pertaining to electronic records in various statutes as amended by
the Information Technology Act, 2000. These terms and conditions (the “Agreement”)
are for hosting electric vehicle charging stations and are entered into between
Driftly Electric Private Limited a company incorporated under the
Companies Act, 2013 and having its registered office at No.677, 1st
Floor, 13th Cross, HSR Layout, Sector 1, Bangalore, Karnataka
(hereinafter referred to as “Driftly” which expression shall, unless
repugnant to the context or meaning thereof deemed to include their executors,
administrators, legal representatives and assigns) of the First Part and the Host
(“You”/“Your”) (Host shall mean any natural or legal person who has agreed to
become a host on the Platform by providing registration data while registering
on the Platform as a registered host using the computer systems, of the Second
Part and is applicable for access or usage of mobile app “Driftly” and website www.driftly.in (collectively referred to as “Platform” ). Driftly and Host are
collectively referred to as “Parties” and individually as
“Party”. These terms and conditions govern all the regulations,
rights, terms and conditions between the Parties.
- By installing, downloading, signing up, or even
merely using the Host interface, You shall be contracting with Driftly and
You signify your acceptance to these Host T&C and other Driftly
policies which take effect on the date on which you download, install or
sign up on Driftly Platform and create legally binding arrangements on You
to abide by the same.
- Infrastructure and
shall provide the necessary EVSE or Socket at the HOST Host Site (Host Site or
charging station shall mean the premises of charging a customer’s electric
vehicle made available by You with adequate parking space). HOST shall ensure
the availability of an active electricity connection to the EVSE/socket at all
times. HOST agrees to install the EVSE equipment/regular socket and shall be
responsible for the safety, security and maintenance of the equipment as
required. Driftly shall not be responsible for upkeep or maintenance of the
equipment in any way.
- Access to Host
Site and Charging Point – HOST shall provide adequate access at the HOST Sites
and charging point to Driftly Electric representatives and all its customers at
all times. HOST shall also ensure that there is adequate parking space and
availability of charging point for Driftly customer’s vehicles. The
availability and access to HOST’s Host Site shall be seen by customers on the
Driftly App and hence you will not deny the access to the charging station once
the Customer has booked the charging slot on Your Site.
- Network Access and
Application – You will receive a Driftly network subscription that will expire at
the end of this Agreement. Driftly app shall offer various other services, such
as directory listing, discovery by customers, billing and payments. Driftly
assesses 20% transaction fees per transaction or monthly (as agreed with the
host). These payment transaction fees must be paid from every transaction or
monthly as mutually agreed between Driftly and HOST. All of such services are
subject to Driftly’s standard terms and conditions.
- Access to
Information – HOST
acknowledges that Driftly will be collecting charging point usage data,
including charge event information and other information (“Data”), such as when
a charge event occurs, energy transferred during the charge event, duration of
the charging period, and customer contact information. HOST acknowledge that
this Data may be used by Driftly for its business purposes, including but
without limitation, analysing usage and charging patterns, the effectiveness of
infrastructure put in place to meet the needs of customers, and the efficacy of
the entire transaction. In order to allow Driftly to use the Data supplied by HOST,
without violating your rights or any laws, HOST agrees to grant us an
exclusive, worldwide, perpetual, irrevocable, royalty-free, license to use this
Data, in any media now known or not currently known, with respect to this
Access – HOST
shall not attempt to gain unauthorized access to any portion or feature of the
Platform, or any other systems or networks connected to the Platform or to any server,
computer, network, or to any of the services offered on or through the
Platform, by hacking, password mining or any other illegitimate means.
- Operation &
Maintenance and Customer Experience – HOST shall take all the measures to ensure that the charging point
hardware and all other equipment and the Host Site in which it is located,
shall be kept operational, clean and in good condition at all times. Also, HOST
shall take reasonable care to ensure seamless customer communication and
- Marketing and
Publicity – HOST
agrees to provide Driftly unlimited rights to take, use and publish photographs
of the charging point and Host Site, including but not limited to any
information related Host Site or customers which may be included on printed
materials or posted on websites as per the sole discretion of Driftly.
- Failure to Comply
with Terms of the Program – In the event You commit any breach of any of the terms and conditions
expressed in this Agreement, You shall remedy such breach within a period of
thirty (30) days from the date of notice of such breach. Failure to cure the
breach within a period of 30 days shall entitle Driftly to terminate this
- Termination of
Contract – You
may terminate this Agreement by giving a Thirty (30) days (“Notice Period”)
prior written notice to Driftly.
agrees that they are either the owner of the premises or have necessary
lease/rental documentation in place to charge a parking fee from
shall earn a 20% commission for every transaction.
- The rest
of the amount earned through the transaction shall be the service fee charged
by Host. Your commission is subject to GST and other taxes applicable thereon
at the prevailing rates. Electricity bills at site shall be paid by the Host.
shall collect the payments against undisputed transactions from the customers
(the “Collections”) and shall remit to Your bank account. Driftly shall be
entitled to make service fee and GST deductions.
of the Collections shall occur on a monthly basis (and in accordance with the
payment systems and guidelines prescribed by the Reserve Bank of India) to
allow for adjustments. Driftly shall deduct the applicable service fees from
the collections of every transaction and the balance collections shall be
remitted by Driftly to you at the end of every 15 days from the date of You
being on-boarded as Host on the Driftly Platform. You may check Your pending
payouts with Driftly by logging-in Your account in the Driftly App.
- Confidentiality: HOST agrees that
during the course of this Agreement, information that is confidential and of
substantial value to Driftly may not be disclosed strictly. Such information
may include, but is not limited to, unpublished software code, technical
processes, Product designs, financial information, business plans, or material
related to advertising or marketing. All such information shall be kept
confidential by You for a term of 2 years after the expiry of this Agreement.
Driftly owns all right, title and interest in their respective trade names,
service marks, inventions, copyrights, trade secrets, patents, and other
intellectual property (“Intellectual Property”). This Agreement does not
constitute a license or a right to use any Intellectual Property of Driftly
other than as expressly set out in these Merchant T&C.
- HOST acknowledges and agrees that Driftly is an internet based Platform
providing technology services and that it neither functions as driver of
electronic vehicles nor operates as an agent for the customers and
manufacturers of electronic vehicles.
- Indemnification: HOST agrees to
indemnify and hold Driftly, and the officers, directors, trustees, employees,
agents and affiliates of each other harmless from and against any and all
claims, actions, proceedings, costs, liabilities, losses and expenses
(including, but not limited to, attorneys’ fees) suffered or incurred by the
indemnified parties and/or third parties resulting from or arising out of
either party’s negligent or intentional acts which result in damage to property
or injury to person.