IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS AND MAKE SURE YOU UNDERSTAND THEM BEFORE YOU REGISTER FOR AND USE POWER DOCK APPLICATION

SERVICES (THE SERVICES). THE SERVICES ARE OPTIONAL IN NATURE AND CUSTOMER DISCRETION IS WARRANTED ON THE TERMS AND CONDITIONS. YOU CAN REGISTER FOR THE SERVICE THROUGH YOUR MOBILE DEVICE BY DOWLOADING THE APPLICATION FROM THE APPLICABLE ONLINE STORE. BY REGISTERING FOR THE SERVICE, YOU WILL BE TAKEN TO BE ABOVE THE AGE OF 18 YEARS, HAVE READ, UNDERSTOOD AND ACCEPTED THESE TERMS AND CONDITIONS IN THE SAME WAY, AS IF, YOU HAVE SIGNED A PRINTED VERSION AND YOU WILL BE BOUND BY THEM AND THEY WILL CONTINUE TO APPLY EVERY TIME YOU USE THE SERVICE ON YOUR MOBILE DEVICE.

In these terms and conditions, ‘we’, ‘our’ and ‘us’ mean TIVOLT ELECTRIC VEHICLES PVT LIMITED, having its registered office at “Chola Crest”, C54 & 55, Super B-4, Thiru Vi Ka Industrial Estate, Guindy, Chennai – 600 032” and shall include its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers and ‘you’ and ‘your’ means the individual who is using the Service either as an owner of an Electric Vehicle or under the authorisation of such owner of Electric Vehicle . These terms and conditions apply to your use of the Service, POWER DOCK Application Services, and any information contained therein. If you do not agree with any of the terms set out herein, and if you have already installed POWER DOCK Application Services’ software (the ‘Application’), you should not use the Service and should uninstall the Application from your mobile device.

Your acceptance of these Terms and Conditions form the Legal Agreement between you and us. We license the use of the Service and the Application to you on the basis of these Terms and Conditions and subject to any rules and policies applied by the relevant mobile phone application provider from whose site (“Online Store”) you download the Application.

1. SERVICE

Under the POWER DOCK Application Services, the vehicle owner’s mobile application shall focus on providing functionality covering feature areas like, but not limited to

The Vehicle owners Mobile Application will be targeted for the iOS and Android platforms. Before you register for the Service you are requested to understand the functionality and features of the mobile app which is made available at the TIVOLT Electric Vehicle Pvt Ltd website www.montraelectric.com/powerdock

TIVOLT ELECTRIC VEHICLES PVT LTD at its own discretion may add or remove any feature, service or Application.

Terms and Conditions for Use:

1. The Application:

On your continuous compliance with and to be bound by the Terms and Conditions, we hereby grant and you hereby accept a limited, non-exclusive, non-transferable, non-assignable license to use the Application (which shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified at the time such update is made available) to access the Service from your mobile device, subject to the Terms and Conditions.

You understand, acknowledge and agree that:

You shall not:

2. Access:

You understand and agree that you shall be solely responsible for information entered through or electronically transmitted to us through the Service using your chassis, registration number, sign-on password, email id, and/or mobile number, etc., (collectively referred as “Access Credentials”), and you accept that all such data transmission are undertaken at your own risk. Neither TIVOLT ELECTRIC VEHICLES PVT LTD, nor any of its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers are liable for any error made by you in entering any details when you use the Service. You agree that TIVOLT ELECTRIC VEHICLES PVT LTD shall be entitled to rely upon the information provided by you. You understand that once your chassis, registration number, sign-on password, email id. and/or mobile number have been entered in a given session you will take all necessary precautions to prevent unauthorized access to your POWER DOCK Application Services account.

TIVOLT ELECTRIC VEHICLES PVT LTD, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers may rely on information given or entered by you or anyone else using your POWER DOCK Application Services account, and you will be bound by any agreement entered into an act undertaken by TIVOLT ELECTRIC VEHICLES PVT LTD, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers in reliance on such information and communication. Without limiting the generality of the foregoing, you will be responsible for all instructions received by TIVOLT ELECTRIC VEHICLES PVT LTD, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers between the time you first pass the secured login procedure until the time you log-out of the Application. Please note that this includes any input errors sent by anyone else. Please do not leave your mobile device unattended while you remain logged into the Application and delete the password (if it remains saved as a functionality) after you have logged out.

You shall always keep confidential, and will take all necessary precautions to ensure the confidentiality and security of all your Access Credentials, including your registration number, passwords, mobile number, access codes, personal identification numbers, other security code numbers, and the answers to any online security questions (personal verification questions) you may have chosen that allow you to sign-on to the Service (including Application), and will take all necessary precautions to prevent unauthorized access to the Service. You will NOT divulge your Access Credentials to anyone, including family members, friends, employees, bookkeepers or anyone else

You shall not:

In the event that you suspect or immediately upon becoming aware that someone else knowns or may have unauthorized access to your Access Credentials, or in the event of any other attempted or actual unauthorized access to the Services, or the loss, theft, misuse or compromise of any of your Access Credentials, you will immediately change your credentials or notify TIV OLT ELECTRIC VEHICLES PVT LTD on care.powerdock@tivolt.murugappa.com or any of its authorised third party service provider. In any event, TIVOLT ELECTRIC VEHICLES PVT LTD, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers shall not be responsible for your use of the Application or your Access Credentials, including but not limited to unauthorized access and use of the Service on account of loss, theft, misuse, sale etc. of your mobile device

You shall review your information shared by you on a regular basis and report any errors in a timely manner. You will notify TIVOLT ELECTRIC VEHICLES PVT LTD or its third party service providers immediately upon receipt of any communications of acts that were not placed by you or someone whom you have authorized to do in your account(s), and in the event that you do not receive confirmation for the acts that you did place.

If you fail to take any of the actions described above, you will be liable for any unauthorized transactions on your POWER DOCK Application Services account confirmed by use of your registration number, sign-on password, email id. and/or mobile. You agree to assist us in any investigation into improper access to your accounts.

3. Title:

You understand, acknowledge and irrevocably agree that you acquire no right, title or interest whatsoever in or to the Application or the Service, as either of them exist now or in future, and all ownership, rights, title, interest and the intellectual property rights in the Application and the Service, including, but not limited to, all trade names and any and all copyrights, patents, trademarks and service marks relating thereto, are and shall remain the property of TIVOLT ELECTRIC VEHICLES PVT LTD, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers, to the extent applicable, and nothing herein shall be constructed as granting any rights therein to you.

Some of the components used in the Application are open source software and the intellectual property rights in them are owned by third party. Except in case of such open source software components, you acknowledge that you have no right to access any part of the Application in source-code form.

4. Disclaimer of Warranties and Availability:

You unconditionally acknowledge that it is not possible for us to provide the Service free from defects. The Service may be delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors, including technical reasons, for planned or unplanned maintenance or downtime or for any other reason. The Service may be adversely affected by the performance of and any outrages on mobile device networks, or when you are not in an area of mobile coverage, or other factor beyond the control ofTIVOLT ELECTRIC VEHICLES PVT LTD, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers, and neither TIVOLT ELECTRIC VEHICLES PVT LTD, its affiliates, its subsidiaries, its authorized dealers, its licensors and its third party service providers will be liable thereof.

You understand and agree that the Service and the Application are provided ‘as is’ and ‘as available’, and all warranties, representation and guarantees, express or implied, are hereby disclaimed. Without limiting the generality of the forgoing, any and all warranties of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the service or the application will be free from defects, errors, viruses or harmful programs, or be of a satisfactory quality, are hereby expressly disclaimed.

Neither TIVOLT ELECTRIC VEHICLES PVT LTD, nor its affiliates, its subsidiaries, its authorized dealers, its licensors or its third party service providers make any warranty, representation or guarantees as to the accessibility, reliability, communication links, accuracy, truth, timeliness, or completeness of any Information, or data furnished through the Service, or that any information disseminated may be solely relied upon for doing any act or other purposes. You acknowledge that it is your responsibility to verify any information that you elect to use when taking any action.

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the provision of the Service and Application. Except as expressly stated in these Terms and Conditions, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the provision of the Service and Application which might otherwise be implied into, or incorporated in, these Terms and Conditions, whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

5. Information:

We may provide information, including but not limited to, energy consumption, emergency services, navigation and maps, etc., (collectively, the Information) to you under license from various exchanges and information providers. This Information is indicative only. You may not redistribute or re-sell any Information, which you obtain through xPOWER DOCK Application Services account. All intellectual property owned by third parties in any information provided by third parties at all times remain the property of such third parties. Your use of such information is subject to the terms and conditions of each applicable third party or exchange data provider. We accept no liability for any information provided by third parties and make no representation and warranties that such information will be accurate or timely. The Service, the Application and all Information contained therein is and remains our property and/or the property of our third party licensors. The Information and record provided vide the Application / web site is solely for your personal reference, records and convenience. The information shall not be circulated openly and you shall maintain the information in a very restricted manner.

6. Account Activity:

Information and data placed through the Service will be reflected in the data maintained by TIVOLT ELECTRIC VEHICLES PVT LTD or its third party service providers. This Application only grants access to the records available in database of TIVOLT ELECTRIC VEHICLES PVT LTD and its third party service providers and that non-availability of record shall not put TIVOLT ELECTRIC VEHICLES PVT LTD and its third party service providers under any obligation/ liability.