Terms of Use - Tecell

1. Welcome to Tecell

These Terms and Conditions apply to the use of the Tecell India Pvt Ltd website and any services provided through it.

The following terminology applies to these Terms and Conditions, the Privacy Statement, the Disclaimer Notice, and all related agreements: “Client”, “You” and “Your” refer to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us” refer to Tecell India Pvt Ltd. “Party”, “Parties”, or “Us” refer to both the Client and the Company together.

All terms refer to the offer, acceptance and consideration of payment needed to carry out the process of our support to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs regarding the provision of the Company’s stated services, in accordance with, and subject to, the prevailing law of the Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, is taken as interchangeable and refers to the same.

2. Cookies

Tecell uses cookies. By accessing and using the website, you consent to the use of cookies in accordance with the Tecell India Pvt Ltd Privacy Policy.

Cookies help us improve the user experience on our website. They enable certain features and allow us to retrieve user details for each visit. Some of our affiliate or advertising partners may also use cookies as part of their services.

3. License

Unless otherwise stated, Tecell India Pvt Ltd and/or its licensors own the intellectual property rights for all material on the Tecell website. All intellectual property rights are reserved.

You may access this material for your own personal use, subject to the restrictions set out in these Terms and Conditions.

3.1 You must not

Republish material from Tecell.
Sell, rent or sub-license material from Tecell.
Reproduce, duplicate or copy material from Tecell.
Redistribute content from Tecell.

This Agreement begins on the date you first access or use the website. Parts of this website may offer users the opportunity to post and exchange opinions and information in certain areas. Tecell India Pvt Ltd does not filter, edit, publish or review Comments before they appear on the website.

Comments do not reflect the views or opinions of Tecell India Pvt Ltd, its agents or affiliates. Comments reflect the views and opinions of the person who posts them. To the extent permitted by applicable laws, Tecell India Pvt Ltd shall not be liable for any Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of, posting of, or appearance of the Comments on this website.

Tecell India Pvt Ltd reserves the right to monitor all Comments and to remove any Comments that can be considered inappropriate, offensive or that cause a breach of these Terms and Conditions.

3.2 Your warranties regarding Comments

You warrant and represent that:

You are entitled to post Comments on our website and have all necessary licenses and consents to do so.
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark of any third party.
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material, or material that invades privacy.
The Comments will not be used to solicit or promote business or custom, or to present commercial activities or unlawful activity.

You hereby grant Tecell India Pvt Ltd a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

4. Hyperlinking to Our Content

The following organizations may link to our website without prior written approval:

Government agencies.
Search engines.
News organizations.
Online directory distributors, in the same way they hyperlink to other listed businesses.
System-wide accredited businesses, except soliciting non-profit organizations, charity shopping malls and charity fundraising groups which may not hyperlink to our website.

These organizations may link to our home page, to publications or to other website information so long as the link:

Is not in any way deceptive.
Does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services.
Fits within the context of the linking party’s site.

4.1 Additional organizations that may be approved

We may consider and approve other link requests from the following types of organizations:

Commonly known consumer and/or business information sources.
Dot-com community sites.
Associations or other groups representing charities.
Online directory distributors.
Internet portals.
Accounting, law and consulting firms.
Educational institutions and trade associations.

We will approve link requests from these organizations if we determine that:

The link would not make us look unfavorably to ourselves or to our accredited businesses.
The organization does not have any negative records with us.
The benefit to Tecell India Pvt Ltd from the visibility of the hyperlink compensates the absence of Tecell India Pvt Ltd.
The link is in the context of general resource information.

Approved organizations may link to our home page provided that the link:

Is not in any way deceptive.
Does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services.
Fits within the context of the linking party’s site.

4.2 How approved organizations may link to our website

Approved organizations may hyperlink to our website using:

Our corporate name; or
The uniform resource locator (URL) being linked to; or
Any other description of our website that makes sense within the context and format of content on the linking party’s site.

The Tecell India Pvt Ltd logo or other artwork may not be used for linking without a valid trademark license agreement.

If you are one of the organizations listed above and are interested in linking to our website, please contact Tecell India Pvt Ltd by email. Include your name, organization name, contact information, the URL of your site, a list of URLs from which you intend to link to our website, and a list of the URLs on our site to which you would like to link. Please allow 2–3 weeks for a response.

5. iFrames

Without prior written approval and permission, you may not create frames around our web pages that alter in any way the visual presentation or appearance of our website.

6. Content Liability

Tecell India Pvt Ltd shall not be held responsible for any content that appears on your website.

You agree to protect and defend us against all claims arising on your website. No links should appear on any website that may be interpreted as:

Libelous.
Obscene or criminal.
Infringing, otherwise violating, or advocating the infringement or other violation of any third party rights.

7. Your Privacy

For details on how Tecell collects, uses and protects personal data, please review our Privacy Policy .

8. Reservation of Rights

Tecell India Pvt Ltd reserves the right to request that you remove all links, or any particular link, to our website. You agree to immediately remove all links to our website upon such a request.

We also reserve the right to amend these Terms and Conditions and our linking policy at any time. By continuously linking to our website, you agree to be bound by, and to follow, the current version of these Terms and Conditions.

9. Removal of Links from Our Website

If you find any link on our website that is offensive for any reason, you are free to contact us at any time.

We will consider requests to remove links but we are not obligated to do so or to respond to you directly.

We do not guarantee that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

10. Disclaimer

To the maximum extent permitted by applicable law, Tecell India Pvt Ltd excludes all representations, warranties and conditions relating to this website and the use of this website.

Nothing in this Disclaimer will:

Limit or exclude our or your liability for death or personal injury.
Limit or exclude our or your liability for fraud or fraudulent misrepresentation.
Limit any of our or your liabilities in any way that is not permitted under applicable law.
Exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this section, and elsewhere in this Disclaimer, are:

Subject to the preceding paragraph; and
Govern all liabilities arising under the Disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, Tecell India Pvt Ltd will not be liable for any loss or damage of any nature.

11. Products & Services: Terms of Use

These Terms of Use apply to all products and services sold by Tecell India Pvt Ltd, whether sold online, offline or via other channels, including bids and tenders.

By purchasing an EV charging station, the customer understands and agrees to subscribe to charge point operations (CPO) services, unless explicitly stated otherwise in the offer, quote or invoice.
If the customer does not sign a specific agreement, the terms of the contract will remain valid until the termination of the charge point management service (for example, due to unpaid CPO service fees) and payment of any applicable penalties.
If your mobile app wallet balance is zero and there are outstanding payments, the account may be deleted within seven (7) days.
For product-related refunds and order cancellations, please refer to our Refund & Returns Policy .

12. Charge Point Operations Service (CPO) Scope

The CPO will arrange the deployment of qualified and suitable personnel and all required tools, logistics, spares and consumables during installation, commissioning and operations and maintenance (O&M) of the EV charging station at identified sites (at the cost of the customer).
The CPO will obtain, where applicable, the necessary statutory approvals and permissions from the relevant authorities for public charging stations.
The CPO will provide O&M services including preliminary fault detection, coordination and resolution of hardware faults with the manufacturer, and remote support for both site owners and EV drivers. A ticket number will be provided for each issue reported by the site owner. The CPO will make best efforts to resolve each case as quickly as reasonably possible.
As part of O&M activities, the CPO may update the firmware of the EV charging station when updates become available.
The CPO will conduct a site survey for the installation of the charging station and facilitate a quote for the cost of electrical installation and any necessary civil works.
The CPO will engage with one or more mobility service providers (MSPs) to provide access to the EV charging station via the software platform using mobile apps, codes or RFID technologies.
The CPO will provide a monthly charge detail record (CDR) based on electricity consumption and usage of the identified sites.
Payments from the CPO to the site owner will be based on electricity consumption and usage of the identified sites, as defined in specific agreements. Revenue share payments may also include deductions or outstanding amounts in favour of either party, to manage late payments.
The CPO will aim to comply with government regulations, policies and local laws, whether directly or indirectly applicable, and may modify or remove part or all of the services described in this Agreement if required by such regulations.

13. Responsibility of the Site Owner

Provide access to and use of the identified site where the EV charging station will be installed and operated, including ingress and egress.
Ensure the deployment and implementation of the electrical infrastructure, including a working electricity connection that supplies power to the EV charging station.
Ensure the charging station is located in a safe, accessible area and is available for use at all times, without physical access or power availability restrictions.
Ensure EV drivers can use the charging station at any time, without time-based restrictions, unless explicitly agreed otherwise.
Ensure that operating instructions are clearly visible and accessible to EV drivers.
Ensure that a valid, non-expired fire extinguisher is available on the premises at all times.
Promptly inform the CPO of any faults, damage or loss to the EV charging station, including but not limited to damage due to theft or technical faults.
Allow technicians to access the location to perform repairs, maintenance, or work on electrical connections.
Provide a safe and secure environment to install and operate the EV charging system.
Bear the full cost of the EV charging station, electricity connection and supporting infrastructure required to run the EV charging station, unless agreed otherwise in writing.
Obtain and maintain adequate insurance for theft, property damage and accidents related to the identified sites and the EV charging station.
Enter into and maintain an Annual Maintenance Contract (AMC) for the EV charging station and cover all expenses required to keep the AMC valid and renewed on time.
Ensure that any brand names and marks affixed on the EV charging station are valid and do not infringe any third party intellectual property rights.
In consideration of the site owner’s cost for electricity and leasing of the EV charging station, the CPO will pay a revenue share to the site owner, as per the specific agreement. No other revenue is owed to the site owner beyond what is defined in the specific agreement (if applicable).
Not collect payments from EV drivers on behalf of the CPO unless explicitly agreed in writing. Doing so will be considered a breach of this Agreement.
Issue invoices based on the CPO’s charge detail records (CDRs) using the digital workflow provided by the CPO. Invoices must be issued within a maximum of three (3) months.
Raise any concerns regarding discrepancies in CDRs, invoices or payments within seven (7) days of receipt. If no concerns are raised within this period, the CDRs, invoices or payments will be considered accepted by the site owner. If concerns are raised in time, the parties will negotiate and determine any revised consideration.
Pay the annual licensing fee for the software services provided by the CPO.
Pay for the annual maintenance contract related to the charging station hardware.
Accept that any unpaid fees that are essential for the CPO to provide services may be adjusted against the revenue share payable to the site owner.
Pay Goods and Services Tax (GST) and any other applicable taxes according to prevailing tax laws.
Maintain, at its own cost, adequate and proper insurance during the term of this Agreement from a reputable insurer, covering all risks, including third party risk to persons and property, fire, explosion, riot and other relevant risks related to the operation of the EV charging stations.

14. Indemnification

Each party (the “indemnifying party”) agrees to indemnify, defend and hold the other party (the “indemnified party”) harmless from and against:

Any third party claim (including intellectual property infringement claims), liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including reasonable legal costs) arising out of or attributable to:
- Any failure of the indemnifying party to perform its obligations.
- Gross negligence or wilful misconduct in fulfilling its obligations.
- Any infringement of the intellectual property rights of any third party by the indemnifying party.
Any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense arising from sanctions or penalties imposed by any regulatory authority due to a party’s failure to comply with applicable laws, rules and regulations.
Claims brought by third parties (including officers, directors, employees, contractors, subcontractors, consultants, service providers, representatives or agents) arising out of:
- Damage to or loss of property of a third party.
- Access to or use of the services.
- Violation of this Agreement or the terms of use of the services.
- Violation of applicable law.
- Wrongful or negligent acts or omissions.
- Any taxes, duties or charges levied.

Under no circumstances will the CPO be liable to the site owner for any special, incidental, consequential or indirect damages, loss of goodwill, loss of business profits, work stoppage, or exemplary or punitive damages.

The site owner will indemnify the CPO for any loss of revenue arising from improper functioning or defects in the EV charging station where such issues are attributable to the site owner’s actions or omissions, including theft of the EV charging station or associated property and accidents resulting in personal injury or death to any third party.

Neither party will be liable for indirect, consequential or remote damages arising out of or in connection with this Agreement.

15. Term & Termination

This Agreement comes into force on the effective date stated in the specific contract and remains in force for the agreed term, unless terminated earlier in line with this section. The Agreement may be extended by mutual written consent or by payment of the applicable fees as part of any applicable maintenance or operations agreements.

15.1 Early termination

The Agreement may be terminated by either party before the scheduled expiry date for any of the following reasons:

Any misrepresentation, breach or violation of the terms of this Agreement by either party.
Failure by the site owner to provide charging locations for the installation of charging points at identified sites, or failure by the CPO to install charging points within a mutually agreed reasonable time.
If the CPO believes, in its sole discretion, that the site owner’s actions may create legal liability for the CPO or are contrary to the intended use of the services, including failure to pay any owed fees.
Termination by mutual written consent of all parties, without the need to assign a reason.

Either party may terminate the Agreement by providing thirty (30) days’ prior written notice to the other party, unless otherwise agreed in writing.

15.2 Effects of termination

Upon termination, the CPO will dismantle the system and connections of the charging points and return the charging points, system and equipment to the site owner, together with any logos, trademarks and brand materials provided by the site owner (if applicable).
After termination, Tecell will not be responsible for any service coordination or warranty-related support unless otherwise required by law or explicitly agreed in writing.

15.3 Special price exception

Where a special discounted price has been provided for the equipment, the purchase may be subject to the customer subscribing to charge point operations services for the useful life of the equipment.
Any termination of services for such purchases may attract a penalty or compensation to recover costs borne by Tecell. If you are unsure whether your purchase qualifies as a special price, please contact: [email protected].

15.4 Migration to competitors

Migration to a competitor is not included in the standard scope of services. Any related costs will be borne by the customer.
The customer must waive all responsibilities of Tecell in writing at least four (4) weeks in advance of the intended migration date.
Any takeover by a competitor must be pre-approved by both Tecell and the product manufacturer, and all dues (including any agreed compensation) must be paid in full before the effective migration date.

15.5 Manufacturer warranty & AMC

Any unauthorized opening or tampering with the equipment will void the manufacturer warranty and any AMC. In such cases, no compensation can be claimed from Tecell for resulting issues.