Acceptance
The website is managed and operated by CRYSTAL AUTOCARS PRIVATE LIMITED.
These Terms and Conditions constitute a binding legal agreement between each end user (hereinafter referred to as “you” or “your” or “Customer”) and Crystal Autocars Pvt. Ltd., the owner and trademark holder of the brand, with its registered office at [12, BLOCK C, Udyog Marg, Sector 1, Noida, Gautam Buddha Nagar, UP 201301], India (“Crystal Autocars Pvt. Ltd. App”), and are applicable each time you access or use the Crystal Autocars Pvt. Ltd. mobile application (“Crystal Autocars Pvt. Ltd.”) By accessing or using the Crystal Autocars Pvt. Ltd. App, you hereby accept and agree to be bound by this Agreement without any reservations, modifications, additions, or deletions.
Definitions:
In this Agreement, the following terms shall have the respective meanings ascribed to them:
- “Agreement” shall mean these terms and conditions for the Crystal Autocars Pvt. Ltd. mobile application, namely the Crystal Autocars Pvt. Ltd. App.
- “Charging Stations” shall mean electric vehicle charging units where you may charge your electric vehicle.
- “Charging Session” shall mean the duration between the start and stop of charging an electric vehicle at the Charging Stations.
- “Device” refers to the handheld or tablet device capable of accessing the Crystal Autocars Pvt. Ltd. App.
- “E-Wallet” shall mean a pre-paid account used to store money and transact online on the Crystal Autocars Pvt. Ltd. App, which shall be used to make payments.
- “Charging Fees” shall mean the fees charged during each applicable Charging Session, which shall be reflected on the Crystal Autocars Pvt. Ltd. App.
- “Payment Facilitator” shall mean the third-party payment processor/facilitator, namely Razorpay or any other facilitator decided by Crystal Charge from time to time.
- “Promotional Credits” shall mean any referral bonus, cash-back offers, or any other form of credits provided by Crystal Autocars Pvt. Ltd. to the Customer.
Crystal Charge Services:
Crystal Autocars Pvt. Ltd. offers its services to customers at the Charging Stations either owned by Crystal Autocars Pvt. Ltd. or by a third party, and the Charging Stations are linked to Crystal Autocars Pvt. Ltd.’s network of Charging Stations. The provisions of this Agreement govern your use and access to the services, including the use of Crystal Autocars Pvt. Ltd.’s mobile application (“Crystal Autocars Pvt. Ltd. App”).
Crystal Autocars Pvt. Ltd. grants you a non-exclusive, non-transferable, revocable limited right and license to download, install, and use the Crystal Autocars Pvt. Ltd. App solely for your personal use on your own Device. The Crystal Autocars Pvt. Ltd. App can be accessed and downloaded from the iOS and Android stores.
When registering on the Crystal Autocars Pvt. Ltd. App, you are required to register your mobile number and validate it with a One Time Password sent to your mobile phone. Each mobile number shall be registered separately and constitute a single account. The registered mobile number serves as the key to access and use the Crystal Autocars Pvt. Ltd. App, including the network of all Crystal Autocars Pvt. Ltd.’s Charging Stations across India. During the registration process, you must provide a valid email address for communication with Crystal Autocars Pvt. Ltd.’s support team and to receive important correspondence.
Payment:
You can pre-recharge your E-Wallet in advance to use Crystal Autocars Pvt. Ltd. Services. To recharge your Crystal Autocars Pvt. Ltd. E-Wallet, you will need to provide certain information, including your credit/debit card details and the One Time Password received on your registered mobile number.
Crystal Autocars Pvt. Ltd. utilizes a Payment Facilitator payment gateway for E-Wallet recharge. The Payment Facilitator is an independent entity, and Crystal Autocars Pvt. Ltd. has no control over its operations. Crystal Autocars Pvt. Ltd., its affiliates, group entities, legal representatives, and permitted assigns are not liable for any losses or damages, whether direct or indirect, pecuniary or otherwise, resulting from any errors or failures on the part of the Payment Facilitator.
Crystal Autocars Pvt. Ltd. covers the transaction cost incurred by the Payment Facilitator, and you will be credited with the full amount in your E-Wallet.
To initiate and end a Charging Session, you can use the Crystal Autocars Pvt. Ltd. App, depending on the charger make and model. Additionally, you may use the Crystal Autocars Pvt. Ltd. App to start and stop a Charging Session using the Charge Card.
Crystal Autocars Pvt. Ltd. reserves the right to indefinitely suspend your Crystal Autocars Pvt. Ltd. account if the conditions outlined in this Agreement or for payment are not met. The Crystal Autocars Pvt. Ltd. App stores the usage history of the Services in terms of charging sessions and transaction details. The charging history serves as the basis for the actual cost incurred for availing the Services on the Crystal Autocars Pvt. Ltd. App. You can view your recent transactions on the Crystal Autocars Pvt. Ltd. App. For historical transactions, please contact Crystal Autocars Pvt. Ltd. customer support at info@crystalcharge.in
Equipment and Crystal Autocars Pvt. Ltd. Charging Stations: The charging speed of chargers is influenced by various factors, including the technical specifications of the electric vehicle, weather conditions, the capacity of the vehicle battery charge level, and the Charging Station. The charging speed will be determined by the component with the lowest capacity among these factors. Crystal Autocars Pvt. Ltd. cannot guarantee a specific charging duration or minimum impact on the electric vehicle’s charging process.
Instructions on how Crystal Autocars Pvt. Ltd.’s Charging Stations are to be used can be found at the Charging Stations or on the Crystal Autocars Pvt. Ltd. App.
Charging Fees: Crystal Autocars Pvt. Ltd. App and/or the user interface of the Charging Station/s shall display the Charging Fees charged during each applicable Charging Session. By using the Payment Facilitator at a Charging Station, you agree to pay the Charging Fees disclosed through the Crystal Autocars Pvt. Ltd. App or at the Charging Station.
Availability: Except for scheduled maintenance and downtimes, Crystal Autocars Pvt. Ltd. Services are available for Customers around the clock, but the ability to recharge may be limited due to certain reasons, including specific restrictions or inaccessibility of some Charging Stations at certain times. Crystal Autocars Pvt. Ltd. shall not be liable for any Charging Station being inaccessible or unavailable due to circumstances beyond their control.
The current availability of Crystal Autocars Pvt. Ltd.’s Charging Stations is communicated/visible on the Crystal Autocars Pvt. Ltd. App. Crystal Autocars Pvt. Ltd. strives to ensure that the Charging Stations in their network are as operational as possible. In the event of a malfunction, Crystal Charge will promptly rectify the issue. Unavailable or unusable Charging Stations will be indicated on the Crystal Autocars Pvt. Ltd. App.
Crystal Autocars Pvt. Ltd. reserves the right, without compensation or any liability to the Customer, to modify, restrict access to, or suspend the Services or Charging Station. This may include updates, maintenance, error correction, or circumstances beyond Crystal Autocars Pvt. Ltd.’s control, such as force majeure events.
Consumption and Data: Crystal Autocars Pvt. Ltd. will save the charging history for each Customer (which includes information such as the electricity consumed, and the duration of Service usage).
Customer personal data will be processed in accordance with applicable data protection laws and Crystal Autocars Pvt. Ltd.’s privacy policy available on the Crystal Autocars Pvt. Ltd. App.
The Customer agrees that the data associated with their use of the Services and Charging Stations will be processed and stored by Crystal Autocars Pvt. Ltd., its group companies, or partners in compliance with relevant legislation. Third-party vendors may also process the data as required for contract administration and performance, and for purposes such as business and product development, statistics, marketing, customer analysis, and direct marketing (unless the Customer has explicitly opted out of direct marketing through the provided channels).
The Customer acknowledges that the collected data may be processed for product development, statistics, marketing, customer analysis, and direct marketing, based on Crystal Autocars Pvt. Ltd.’s legitimate interest, unless the Customer has objected to direct marketing. Data collected will be retained during the Customer’s valid agreement with Crystal Autocars Pvt. Ltd. and for the duration necessary to govern the final contractual relationship or comply with legal requirements.
The Customer shall indemnify Crystal Autocars Pvt. Ltd. against any claims from third-party individuals whose personal data is recorded or processed by the Customer, unless it can be demonstrated that any claim is solely attributable to Crystal Autocars Pvt. Ltd.’s default. The Customer is solely responsible for their data, and Crystal Autocars Pvt. Ltd. has no obligation to monitor it. However, Crystal Autocars Pvt. Ltd. reserves the right to remove any Customer data that violates applicable laws or the terms of this Agreement.
The Customer is responsible for backing up, securing, and protecting their data. In the event of data loss or corruption, Crystal Autocars Pvt. Ltd. will make reasonable efforts to restore from the most recent available backup. However, Crystal Autocars Pvt. Ltd. is not obliged to reconstruct Customer data under any circumstances.
The Customer acknowledges and accepts that Crystal Autocars Pvt. Ltd. may share Customer data with third parties for Service performance and improvement purposes. Customer data may also be used for anonymized statistical analysis.
Service Warranty: Disclaimer: Crystal Autocars Pvt. Ltd. warrants that the Services will be performed in accordance with Crystal Autocars Pvt. Ltd.’s policies, and reasonable efforts will be made to provide such Services.
To the maximum extent permitted by applicable laws, your use and/or access of the Crystal Autocars Pvt. Ltd. App or Services is at your sole risk. The Services on the Crystal Autocars Pvt. Ltd. App are provided on an “as is” and “as available” basis. Crystal Autocars Pvt. Ltd. expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Crystal Autocars Pvt. Ltd. makes no warranty that (i) the Services will meet your requirements or expectations, or (ii) the operation of the Services will be uninterrupted, timely, secure, or error-free.
Crystal Autocars Pvt. Ltd. is not responsible for any damage resulting from the lack of compatibility between the Customer’s electric vehicle and Charging Station or the use of the Services or Charging Station by the Customer in violation of the current applicable instructions and technical requirements as set forth in this Agreement or provided by Crystal Autocars Pvt. Ltd..
Crystal Autocars Pvt. Ltd. is not liable for incidental or consequential damages arising from the Customer’s property or their use of the Services or Charging Station.
The Customer is not entitled to damages due to a Charging Station being closed or out of order.
The Customer is responsible for complying with all guidelines and requirements provided by Crystal Autocars Pvt. Ltd. from time to time, including responsibility for the electric vehicle being used in connection with the Services.
The Customer is also responsible for ensuring that the Crystal Autocars Pvt. Ltd. App is not used or misused by unauthorized persons.
Crystal Autocars Pvt. Ltd. reserves the right to immediately block the Customer account if it is abused, if there is a risk of unsafe use, or if unauthorized use is suspected, in order to protect the Customer. Limitation of Liability: In no event shall Crystal Autocars Pvt. Ltd. be liable to the Customer, including its employees, affiliates, representatives, directors, etc., or any third party for any loss of use, revenue, or profit, or diminution in value, or for any consequential, indirect, incidental, special, exemplary, or punitive damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damages were foreseeable and whether or not Crystal Autocars Pvt. Ltd. has been advised of the possibility of such damages. Crystal Autocars Pvt. Ltd. shall not be liable for any loss, damage, or claim on account of personal injury or damage to any third party’s property.
In no event shall Crystal Autocars Pvt. Ltd.’s aggregate liability arising out of or related to the Agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the total of the amounts received by Crystal Autocars Pvt. Ltd. for the Services performed hereunder in the 15 Days preceding the events giving rise to the claim.
Injunctive Relief: Customer acknowledges that any breach, threatened or actual, of this Agreement will cause irreparable injury to Crystal Autocars Pvt. Ltd.. Such injury would not be quantifiable in monetary damages, and Crystal Autocars Pvt. Ltd. would not have an adequate remedy at law. Therefore, Crystal Autocars Pvt. Ltd. is entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of the Customer’s obligations under any provisions of this Agreement.
Indemnification: The Customer shall indemnify, defend, and hold harmless Crystal Autocars Pvt. Ltd. and its affiliates, officers, directors, employees, agents, service providers, and other consultants (collectively, the “Indemnified Parties”) against any claim, loss, cost, damage, injury, expense (including attorneys’ fees, costs, and expenses), and other liabilities arising out of any claims, demands, suits, or causes of action by third parties arising from or in connection with: (i) the Customer’s use or access of Crystal Autocars Pvt. Ltd.’s services or app; (ii) the Customer’s violation or breach of this Agreement; (iii) any loss, damage, or claim on account of personal injury or damage caused to any third party’s property due to the Customer’s misuse of Crystal Autocars Pvt. Ltd. services or app; (iv) acts of negligence or misconduct.
Assignment: The Customer acknowledges that Crystal Autocars Pvt. Ltd. may assign or transfer its rights or obligations under this Agreement to a third party, including another company within the same group or another party capable of fulfilling the obligations stated herein.
The Customer is not entitled to transfer, assign its rights or obligations, wholly or partially under this Agreement. Any purported assignment in violation of this clause shall be null and void.
Restrictions: In connection with your use of the Services or in your interactions with Crystal Autocars Pvt. Ltd., other users, or third parties, you agree not to:
- Commit a breach of this Agreement or any other agreement or policy that you have agreed to with Crystal Autocars Pvt. Ltd..
- Violate any applicable law or regulation.
- Infringe or attempt to misuse Crystal Autocars Pvt. Ltd.’s or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.
- Engage in defamatory, trade libelous, threatening, or harassing behavior.
- Provide false, inaccurate, or misleading information.
Validity: This Agreement with Crystal Autocars Pvt. Ltd. shall remain valid indefinitely. Crystal Autocars Pvt. Ltd. reserves the right to terminate your use or access to all or any part of the services provided by Crystal Autocars Pvt. Ltd. at any time, with or without cause, and with or without notice, effective immediately. Crystal Autocars Pvt. Ltd. also has the right to terminate your use or access to the services with immediate effect if you violate any of the terms of this Agreement or use the services in a manner that breaches the terms of this Agreement or causes harm or damage to Crystal Autocars Pvt. Ltd..
Amendment: Crystal Autocars Pvt. Ltd. has the right to change or update the terms of this Agreement from time to time. You will be notified about such updates or changes through notifications on the Crystal Autocars Pvt. Ltd. platform. Your continued use or access of the services after such updates or changes confirms your acceptance and agreement to the updated terms.
Governing Law and Jurisdiction: This Agreement with Crystal Autocars Pvt. Ltd. shall be governed by and interpreted in accordance with the laws of India, without considering the choice or conflicts of law provisions of any jurisdiction. The Customer agrees that any disputes arising in relation to this Agreement, whether in contract or tort or otherwise, shall be submitted to the exclusive jurisdiction of the courts located in Delhi, India for resolution, subject to the Arbitration clause mentioned below.
In the event of any dispute or difference between the Parties, the Parties will make their best efforts to settle the dispute amicably. If a dispute continues and the Parties fail to reach an amicable settlement within 30 days from the date of written notification by either Party, the dispute shall be referred to arbitration. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as applicable in Delhi. The arbitration proceedings shall be conducted in English and held in Delhi. The arbitral award shall be final and binding on both Parties in accordance with the provisions of the Arbitration and Conciliation Act.
Force Majeure: Crystal Autocars Pvt. Ltd. shall not be held liable for any failure to fulfill the Agreement or any term or condition of the Agreement if the fulfillment has been delayed, hindered, or prevented by circumstances beyond its reasonable control, including but not limited to a pandemic, fire, explosion, flood, adverse weather conditions, power supply failure or shortage, network failure, machinery failure, war, acts of terrorism, strikes, lock-outs, or other industrial action or trade dispute (referred to as “Force Majeure Event”).
Severability: If any provision of this Agreement or portion thereof is found to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible to fulfill the intent of the Parties, and the remainder of this Agreement shall continue in full force and effect. The invalidity or unenforceability of any provision in any jurisdiction shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement in that jurisdiction or the validity, legality, or enforceability of this Agreement, including the invalid or unenforceable provision, in any other jurisdiction. The Parties intend for all rights and obligations under this Agreement to be enforceable to the fullest extent permitted by law.
Order of Precedence: In case of any conflict, contradiction, or ambiguity between this Agreement and any other terms and conditions of Crystal Autocars Pvt. Ltd., this Agreement shall prevail in relation to the Crystal Autocars Pvt. Ltd. App and/or chargers.
Survival: Notwithstanding anything to the contrary, any rights and obligations that have accrued at the time of the expiration of this Agreement shall survive its expiry. Additionally, any provisions of this Agreement that, by their nature, are intended to survive the termination of this Agreement shall continue to be binding.
*The website is managed and operated by CRYSTAL AUTOCARS PRIVATE LIMITED.