Terms and Condition

Effective Date: November 27th, 2024

GadiCharge in the business of providing software services to companies that operate electric vehicle charging stations.

By entering into this GadiCharge Account Agreement (“Agreement”) with GadiCharge, you may use the GadiCharge’s Mobile Application, the electric vehicle charging stations which are on GadiCharge’s network, and purchase any other related products or services offered by GadiCharge including radio frequency identification card(s) known as “RFID Cards” that give access to charging stations on GadiCharge’s network (collectively, “Services”).

Please read this GadiCharge Account Agreement carefully. For accessing or using the Services, you agree to be bound by the terms of this Agreement.

If you are submitting a GadiCharge Account Application in connection with an offer or program (“Program”) offered by GadiCharge in conjunction with one of its partners (each, a “Program Partner”), you acknowledge and agree that any additional program-specific terms and conditions made available to you shall apply to your participation in such Program (“Program Terms”). To the extent there is a conflict between this Agreement and any Program Terms, the Program Terms shall control as it relates to your participation in the Program.

In case you are an employee, associate or consultant of any organisation to which we have extended our Services, you may be given an option to use your corporate profile (in addition to your public profile) for availing the Services. All information shown to you as a corporate profile user including your profile information, charger related information and payment mechanism information will be controlled by the corporate admin user of your organisation, and GadiCharge shall not be responsible for any information shown on the GadiCharge Mobile App for your corporate profile.

By entering into this Agreement, you agree to pay all the fees (“Session Fees”) for access to a charging session initiated by you, or through the use of your GadiCharge RFID card in any manner, including, without limitation, with your GadiCharge RFID card at a station, remotely by a customer service agent at your request or using an application embedded in any smart phone or similar technology.

You further agree to use your GadiCharge RFID card and GadiCharge Mobile App solely in accordance with instructions provided to you by GadiCharge and in compliance of all applicable laws and regulations, as well as any policies and rules of the owner of the GadiCharge Enabled Charging Station and/or the owner of the property on which the GadiCharge Enabled Charging Station is located.

You shall promptly update online any changes to your name, email address, mailing address, PIN Code, PAN/VAT details, telephone number and payment gateway related information when that new information is first known. You remain liable for all Session Fees billed to your account until you have notified GadiCharge Customer Service of any changes in your GadiCharge RFID card or until you have canceled your account.

If you wish to submit a complaint regarding a particular transaction charged to your GadiCharge Account, you shall notify GadiCharge within 7 days of the date of the transaction by writing to us at gadicharge.nepal@gmail.com. The complaint shall clearly indicate the type of error in the transaction. Complaints regarding incorrect charging costs are processed and determined by GadiCharge. If and when a complaint is accepted, GadiCharge shall compensate you for the amount without delay. If the complaint is rejected, GadiCharge will inform you of the result within 90 days from the receipt of written complaint.

GadiCharge RFID Card or GadiCharge Mobile Application may be used to pay Session Fees on any publicly accessible GadiCharge Enabled Charging Stations, and on any private GadiCharge Enabled Charging Station you are allowed to use. In the case of charging through GadiCharge Mobile Application, before the initiation of your charging session, based on your charging requirement inputs, you will be informed through the GadiCharge RFID Mobile App about the estimated amount for the session. When using your GadiCharge RFID Card or GadiCharge Mobile Application for payment of Session Fees, a record of your transaction will be created. Session Fees will be charged to your account in accordance with the price configured as per the actual consumption which may be different from the estimated amount informed through the GadiCharge Mobile App. It is your responsibility to be aware of the price charged for access to the applicable GadiCharge Enabled Charging Station. If you use, or allow another person to use, your GadiCharge RFID Card or the GadiCharge Mobile Application on any GadiCharge Enabled Charging Station, you agree to pay the fees specified in that regard.

Payment Processing and Wallet Terms

For availing the Services, you shall select one of the payment mechanisms offered by GadiCharge. You shall be providing appropriate payment information to enable GadiCharge to receive due amount against Transaction and create a valid invoice for the Transaction. You shall be depositing from time to time prepaid amounts towards your account balance and the Session Fees associated with your charging session will be deducted from that balance. You authorize GadiCharge to, from time to time, deduct amounts payable towards Session Fees from your account. For a charging session to be successfully initiated, your GadiCharge RFID Account must have a minimum balance in excess of Rs. 80 of the estimated amount of your Session Fees as informed through the GadiCharge Mobile App. You shall ensure that the registered payment mechanism is valid and that it has sufficient balance. In case payment cannot be processed and the balance in your account cannot be deducted, we reserve the right to close your GadiCharge RFID Account. GadiCharge further has the right to require payment directly from you in case of any negative account balance. You may opt to use the GadiCharge Account which is also known as “GadiCharge RFID Account”, to pay for the Services. Any money deposited in the GadiCharge Account will be non-refundable, non-transferrable and may only be used to pay for the Services.

If a GadiCharge RFID Card fails to operate for reasons other than abuse or improper use and is returned to the GadiCharge Customer Service Center,GadiCharge will replace that GadiCharge RFID Card at no charge.

If a GadiCharge RFID Card or mobile phone with GadiCharge RFID Mobile Application installed is lost or stolen, please report such loss or event online, immediately (by deleting your card from your GadiCharge RFID Account), or, if you do not have access to the internet, inform GadiCharge Customer Service immediately (see contact information at the end of this document). You remain liable for all Session Fees initiated with your GadiCharge RFID Card or through the GadiCharge Mobile Application until such notification.

You are responsible for all use of the GadiCharge Mobile Application under your user name. You agree that, while GadiCharge has attempted to provide accurate information on the GadiCharge Mobile Application, such information may change frequently and in no event will GadiCharge be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the GadiCharge Mobile Application, or that any such information, materials, or other content is the most up-to date.

GadiCharge uses all reasonable efforts to ensure that the availability of GadiCharge Enabled Charging Stations can accurately be tracked in GadiCharge Mobile Application, but cannot guarantee or assure that the charging stations will be available for provision of Services at any given point of time, and expressly disclaim any warranty of availability of the GadiCharge Enabled Charging Stations at any point of time as displayed in the GadiCharge Mobile Application.

When you add money to your GadiCharge RFID Account, VAT of 13% or as applicable will be levied and hence, the actual amount debited in the account will be the amount of money left after deducting the TDS. Therefore, to avoid double taxation, no VAT will be levied on payment for your charging session while using GadiCharge RFID Account.

Either Party may terminate this Agreement at any time without assigning any reason. Following any termination, you remain responsible for payments owed under this Agreement. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fines, or penalties, and you may be subject to collection actions for any unpaid balance.

GadiCharge reserves the right to change the terms of this Agreement at any time by providing written notice to you, which, for these purposes, shall include an email sent to the email address you have on file with GadiCharge. You agree that all changes become applicable to you when you use GadiCharge RFID Card or GadiCharge Mobile Application after that date.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE GadiCharge RFID CARDS, GadiCharge ENABLED CHARGING STATIONS AND THE GadiCharge MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GadiCharge EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Booking and Cancellations:

GadiCharge Mobile Application may provide an option of advance booking on some GadiCharge Enabled Charging Stations (“Booking Feature”). For booking any charging station in advance, a boooking fee (“Booking Fee”) is payable from your selected payment mechanism. The Booking Fee paid by you is non-refundable and non-transferable, and can be applied only on the GadiCharge Enabled Charging Station selected at the time of booking and only for the time period for which the booking is made (“Booking Slot”). Please note that charging at your selected GadiCharge Enabled Charging Station will auto-stop 5 minutes before the end of your Booking Slot, or before the end of the last Booking Slot in case you have booked multiple consecutive Booking Slots, to allow you time to disconnect your electric vehicle and egress from the charging station before the next Booking Slot.

If you use the Booking Feature, once a booking is made, apart from the Booking Fee deduction, your estimated Session Fees plus an additional amount of Rs.239.25 will be blocked from your account (“Blocked Amount”). Session Fees shall be adjusted against the Blocked Amount and any amount remaining from the Blocked Amount will be refunded back to the original payment mechanism) selected by you at the time of booking. 100% of the Booking Fee shall be adjusted in the Session Fees for charging done during the Booking Slot(s) if the Session Fees exceed the Booking Fee. In the event, Session Fees are less than the Booking Fee then the Session Fees shall be adjusted against the Booking Fee and the balance amount shall be forfeited and can neither be applied for future bookings nor be refunded. You may be eligible for a partial or full refund of Booking Fee only as per the Booking & Cancellation Policy available on the GadiCharge Mobile Application. For eligible refund requests, the whole or portion of the Booking Fee which qualifies for refund will be refunded to the original payment mechanism within 30 days of the request.

GadiCharge makes all reasonable efforts to ensure that GadiCharge Enabled Charging Stations are available for charging during the Booking Slot(s), however there may be unforeseen events beyond our control which affect availability of GadiCharge Enabled Charging Stations during the Booking Slot. GadiCharge hence, reserves the right to cancel any advance booking at any time before or during the Booked Slot without assigning a reason for the same. GadiCharge shall not be responsible for any losses incurred by you due to a booking being canceled or for the GadiCharge Enabled Charging Station not being available for charging during the Booked Slot(s) due to any reason. If a booking is canceled by GadiCharge or your selected GadiCharge Enabled Charging Station is unavailable for the Booking Slot or any part thereof, GadiCharge will refund the Booking Fee in full or partially, as may be applicable, upon receipt of an application with valid accompanying documentary/photographic evidence from you. GadiCharge will respond to any refund request made within 90 days from the date of request.

GadiCharge reserves the right to modify these Terms of Use at any time by providing written notice to you, which, for these purposes, shall include an email sent to the email address you have on file with GadiCharge. You agree that all changes become applicable to you when you use GadiCharge Mobile Application after that date.

You agree to indemnify, protect, and hold harmless GadiCharge and its directors, officers, employees, agents and distributors, and Program Partners and entities on whose premises the GadiCharge Enabled Charging Stations are installed, and their respective directors, officers, employees and agents (collectively, the “Indemnified Parties”) from all liability for any loss, damage or claim arising from or related to your misuse or misapplication of the Services, damage to the charging station or damage to the charging station premises, or otherwise for any breach of the terms of this Agreement.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER GadiCharge NOR ANY PROGRAM PARTNER SHALL BE LIABLE FOR, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, , DAMAGES FOR LOSS OF PROFITS, GOODWILL, , USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GadiCharge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE SERVICES.

To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnified Parties from all loss, damage, or injury whatsoever, known or unknown, whether arising in tort or contract or otherwise arising out of or in any manner connected with the Services, including the use of the GadiCharge Enabled Charging Stations. You agree that none of the Indemnified Parties will incur any obligation or liability for any such loss, damage or injury to the maximum extent allowable by law.

This Agreement is to be construed according to the laws of Nepal. You agree that any dispute over privacy or the terms contained in this privacy policy will be governed by the laws of Nepal and all disputes arising out of or in connection with this Agreement shall be finally settled arbitration to be held in Nepal.