Shipping & Delivery

THIS TERMS OF PAYMENT(“ToP”) IS ANCILLARY TO TERMS OF USE AND IS A LEGAL AGREEMENT BETWEEN YOU (“COMPANY” "YOU" OR "YOUR") IF YOU ARE LOCATED OR HAVE PRESENCE WITHIN THE TERRITORY OF INDIA BY ANY MEANS AND TERRAMOTORS CHARGING SOLUTIONS PRIVATE LIMITED/ TERRA MOTORS INDIA PRIVATE LIMITED (“TERRA CHARGE”, "we", "us" or "our"). THESE TERMS GOVERN PAYMENT FOR ANY RELEVANT SERVICE, PRODUCT OR DOCUMENTATION THEREOF (COLLECTIVELY, THE “SERVICE”) PROVIDED BY TERRAMOTORS INDIA PRIVATE LIMITED/ TERRAMOTORS CHARGING SOLUTIONS PRIVATE LIMITED OR ITS THIRD-PARTY SUPPLIERS OR LICENSORS. PLEASE READ THESE TERMS OF SERVICE FOR BEFORE USING OUR DIGITAL PLATFORMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THEM. BY USING OUR DIGITAL PLATFORMS TO PURCHASE OUR SERVICE, YOU WILL BE DEEMED TO HAVE UNCONDITIONALLY CONSENTED AND AGREED TO THESE TERMS.

By installing or using our digital platforms for transaction, You agree to be bound by the ToP. If you do not agree to the ToP, you may not use any PPI or the Wallet on our digital platforms for transaction. The ToP may be modified by us from time to time. If you continue to access or use our digital platforms for transaction after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes to the ToP. This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is disclosed in compliance of section 21 of Payments and Settlement System Act, 2007 and as required to be disclosed under policy guidelines on issuance and operation of pre-paid payment instrument (PPI) in India. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Nature of Wallet (“PORTAL WALLET”)

Terra Wallet (“PORTAL WALLET”) is a Closed System Prepaid Instrument (“PPI”) which is meant to facilitate which is meant to purchase Service against the value stored on such instruments. For the purpose of this ToP, Terra Wallet (“PORTAL WALLET”) is available exclusively by us which can be used for purchasing only our Service and no third-party service.

Personal Identification Number (PIN)

You may be asked to generate a PIN in the form of numeric password or in combination with alphabets while registering with us on our digital platforms.

Account Details

You are solely responsible for maintaining the confidentiality of Your Registration Data including the PIN and will be liable for all activities and transactions that occur through Your Account, whether initiated by you or any third party. Your Account cannot be transferred, assigned, or sold to a third party. We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without Your knowledge. We reserve the right to suspend or terminate Your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by You is incorrect or false, or that the security of Your Account has been compromised in any way, or for any other reason We may find just or equitable.

Use of Account

You shall take reasonable precaution to prevent misuse of your account. You shall be solely responsible for any consequences arising directly or indirectly out of the disclosure of the account details and/or unauthorized use of the wallet as a result of any misuse due to lack of reasonable care and precaution. You disclaim our liability for any unauthorized use of the wallet and for any loss or damage incurred directly or indirectly as a result of such misuse. In case of loss or theft or misuse of the wallet, you shall immediately inform us at [email protected] or help to retrieve your account. Your liability for an unauthorized payment transaction will be limited as per directions of the RBI.

Card Payment

We enable you to store and use credentials that represent credit, debit and prepaid cards (each, a “Card”) as authorized by the issuer of such Card (a “Card Issuer”). Terra Wallet (“PORTAL WALLET”) may be used through internet in an eligible electronic device or accessory. Your Card Issuer, as well as us, each reserves the right to exclude certain Cards from participating in Terra Wallet (“PORTAL WALLET”) or to terminate their participation. You shall ensure that the Card details provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Card details provided by you. Eligible Cards may also vary based on Your location and may change from time to time. The availability of Terra Wallet (“PORTAL WALLET”) and its features may vary based on Your location, electronic device model or Card.

Unified Payments Interface (UPI)

Our digital platforms also make available the UPI provided by third party service providers. You may either create a new account or use your existing account with our digital platforms. You agree that usage of UPI and mobile wallets shall be subject to terms of third-party service providers providing a UPI application and mobile wallet. We do not assume any liability or responsibility for the same.

Promotions and Discounts

We shall provide information regarding services, discounts and promotions provided by us to you on the Terra Application (“PORTAL”) or by way of an SMS or email to your registered mobile number/registered email ID. You also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, you may at any point of time visit the specific link provided by us to discontinue the same.

Affiliated Merchants

The Terra Application can be used at Merchant(s) affiliated with us for purchase of our Service only. We shall not be held responsible with regards to the quality of any third-party service or additional product or service delivered to you by the Merchant in addition to our Service.

Exchange for cash and Interest

The Terra Wallet (“PORTAL WALLET”) cannot, under any circumstances, be exchanged for cash or be used for purchase of any other goods & services including another prepaid payment instrument. It is not transferable under any circumstances. It is reloadable in nature. You shall not use it in breach of any applicable laws and/or for payment of any illegal/unlawful purchase/purposes and/or for any transaction which is in breach of applicable laws. It cannot be used for cash withdrawals except as provided. We will not pay any interest to you at any point in time.

Refundable Deposit

Sometimes, we may require you to pay a refundable deposit when our services are activated or reactivated. If we illegally disconnect your running service or otherwise required by law to refund your deposit, we will within forty-five (45) days (or any shorter period required by law) return your deposit(s) to you (without interest unless otherwise required by law) after deducting any outstanding amount (including, but not limited to any amount owed for using our services, for any Charging Station that is damaged, altered, or not left in place by you and any costs of collection).

Settlement of Accounts

If you are a Charge Point Owner or Host (Our Customer)

You agree that session (charging duration) fees will be collected from the end user by us and paid to you thereafter. We can charge from the end user for using our charging technology and You agree to waive any right to claim this amount. We will settle your payments in 45 days. If you do not receive the due payment or there is a dispute, you can contact us at [email protected] If there is no dispute and yet, we fail to pay you within 30 days from the date of transaction, then we will pay you interest @ 18% per annum for the delay period. But in order to claim all these entitlements and rights, you must settle the transaction with the end user through our online platforms. If you attempt to circumvent the payment method developed by us and unwisely settle your payments in cash or any other manner outside our system, we will not pay you or have any liability towards you whatsoever. You are entitled to charge a service fee over and above the energy usage fee and we shall have no liability of any kind related to such fees. In any case, please mind that we will not pay your electricity bills generated by concerned DISCOMS. Electricity bills or infrastructure charges will be solely your responsibility.

If you are an end user of Charge point (End Customer)

You agree that session (charging duration) fees will be collected from you by us and paid to host thereafter. You agree to pay all session fees, service fee, platform fee and applicable taxes. By registering on our digital platforms and particularly using our Terra Wallet (“PORTAL WALLET”), you authorize us to deduct the final amount after every session. You also agree that host may charge you an additional service fee for using the charging device, parking fees, etc. in which we have no say. This additional fee is between you and the host and Terra. We shall have no liability of any kind related to such fees. We can charge from you for using our charging technology and that is our prerogative. You agree that we can revise our fee in that regard without any intimation to you. The description of the detailed charges shall be found in our digital platforms. You expressly authorize us to deduct due amount related to session fees, service fees, platform fees and applicable taxes.

Expiry or Closure of Terra Wallet (“PORTAL WALLET”)

You will be intimated in advance to the expiry of your wallet. Obviously, the closure is on your part and we cannot inform you in that case. You can utilize the balance amount in your account prior to the closure or expiry of Terra Wallet (“PORTAL WALLET”). In case you do not utilize the balance amount and your account is closed with outstanding balance, you can approach us for renewal of the wallet. In case you do not approach us within a specified period as prescribed by the regulator, the outstanding balance will be transferred to your source account or to any other permissible account as per RBI guidelines.

Prohibition against assignment

Your functions, rights or obligations under these ToP are exclusive to you and shall not be assigned or delegated to any party or person without our express prior written consent. Any purported assignment or delegation in contravention of this ToP shall be null and void.

Dispute and Compensation

If you intend to raise a complaint or if you intend to request a refund, you can contact us within sixty (60) days of the transaction. Beyond that period, you agree that we will not be liable to entertain your issues. Any claim for compensation made by you will be settled purely as per the provisions of the Compensation Policy decided by us.

Suspension or Termination or Cancellation or discontinuance of Terra Wallet (“PORTAL WALLET”)

We may at any time and on such conditions as we think fit, suspend or deny or terminate your Terra Wallet (“PORTAL WALLET”) under the following circumstances: (i) In the event you are declared insolvent or in the event you cease to exist; (ii) In the event of you commit breach of any of the terms, conditions, stipulations or its obligations under these ToP (iii) In the event of any restriction imposed on the you by an order issued by any regulatory authority or a Court in India or any investigating agency.

Indemnity

By using the Wallet, you agree that you will defend, indemnify, release and hold us harmless and our subsidiaries and affiliates, and our suppliers, licensors, partners and advertising and promotions agencies, from and against any liabilities, claims, damages and expenses (including reasonable legal fees and costs) arising out of: (i) any use of your Wallet, (ii) your breach or alleged breach of these Payment Terms, (iii) any dispute or litigation caused by your actions or omissions, (iv) your negligence or violation or alleged violation of any applicable law or rights of third parties (v) or your violation or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and, in such case, you shall agree to cooperate with our defense of such claim. You acknowledge and agree that your app store provider has no liability, responsibility or obligation to you, including with respect to the investigation, defense, settlement or discharge of a third party’s intellectual property infringement claim.

Force Majeure

We are not liable to you for any harm, loss, damage or injury caused due to causes beyond our control such as tide, storm, cyclone, flood, lightning, earthquake, fire, blast, explosion or any other act of God, war, rebellion, revolution, insurrection, embargo or sanction, blockade, riot, civil commotion, labour action or unrest including strike, lock-out or boycott, interruption or failure of any utility service, enemy action, criminal conspiracy, act of terrorism or vandalism, sabotage, hacking, unanticipated technological or natural interference or intrusion, loss or damage to satellites, loss of satellite linkage or any other data communications linkage, loss of connectivity or any other irresistible force or compulsion.

Service of Notice

Any notice or communication required by you to be given under this ToP shall not be binding unless the same is in writing and duly served to us on [email protected].

Governing Language

All deeds, documents and writings that may be executed and all correspondence that may be exchanged between you and us in relation to this ToP shall be in English language, which shall be the governing language hereto.

Governing Law and Jurisdiction

The use of Terra Digital Platform (“PORTAL WALLET”) by you shall be governed in all respects by the laws in force in India. You agree to submit to the exclusive jurisdiction of the courts in Bengaluru. These ToP shall be subject to Government notifications, any rules, regulations, guidelines and circulars/notices issued by us and rules, regulations, bye Laws, Operating Instructions and circulars/communiqués/notices issued by the RBI from time to time.

Arbitration

In case of any dispute, arising under or in connection with this Agreement, both you and we agree to cooperate to resolve the dispute by mediation between respective representatives. If both you and we fail to amicably settle the dispute by mediation within thirty (30) days, then it shall exclusively be referred to arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996 or any statutory modifications made thereof from time to time, by appointing a sole arbitrator mutually agreed upon by both you and us. The seat and venue for the arbitration shall be Bengaluru, India and the language used in arbitration shall be English.

Amendment of ToP

We reserve the right, in our sole and absolute discretion to amend, delete, modify, vary, or supplement any of these ToP at any time in consonance with the RBI Guidelines and applicable law and will endeavour to give prior notice of seven days for such changes.