©2019 BY VILLAGE ENERGY

TERMS AND CONDITIONS FOR USE OF SERVICES ON THE VILLAGE ENERGY APP BY THE USER

 

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 which require the publishing of the rules and regulations governing the use and access of the Village Energy App.

 

1.         INTRODUCTION

 

1.1       These terms and conditions (“T&C”) govern your rights and obligations as a User (defined below) and apply to your access and use of the Services (defined below) as may be rendered by Village Energy Operations Pty Ltd., a company incorporated under the laws of Australia (hereinafter referred to as “Company” “we” “us” or “our” which expression shall include its successors and assigns) to Users from time to time in relation to the installation of a smart device for your electricity connection and the use of the services provided through the “Village Energy App”  (“App”), available via device applications (collectively, the “Services”). Any reference to “you” or “User” in these T&C, means you the User availing the Services through the App. The App, connected to the smart device is intended to help you control your energy spend. Using the App will help you to pay for the Services and prioritize which appliances in your home are most important, which helps us to create a steady supply of electricity.

 

1.2       By accessing or using the App, you agree to be bound by these T&C. As a User, your access to and use of the App is conditional upon your acceptance and of continuous  compliance with these T&C at all times. By accessing, browsing and/or registering on the App and/or availing the Services, you agree to be bound by these T&C, including any other policy of the Company and all rules, guidelines, policies, terms and conditions applicable to the Services being provided by us through the App, as may be modified by us from time to time, which shall be deemed to be incorporated in these T&C by reference, unconditionally and at all times. If at any time you do not agree with these T&C, you may not use the Services provided by the Company and immediately terminate your use of such Services of the Company.

 

1.3       We reserve the sole right to amend, change, modify, add or remove these T&C relating to the provision of Services availed on the App, at any time without any prior written notice or intimation, by posting the amended T&C on the App and indicating the date these T&C were last revised. Your continued use of the Services after any such change, modification, amendment shall constitute your acceptance of the revised T&C. If at any time you do not agree with any of these T&C or any future T&C, you may not use the Services provided by the Company and immediately terminate your use of such Services of the Company. It is hereby clarified that you shall be responsible for reviewing these T&C periodically and keep yourself updated with any change in the T&C.

 

 

 

2.         USER ELIGIBILITY

 

2.1       The Services are only available to persons who are competent to enter into legally binding contracts under the Indian Contract Act, 1872 (“Contract Act”). Any person who shall be considered as incompetent to contract as per the provisions of the Contract Act including minors, un-discharged insolvents etc. are not eligible to avail the Services on the App. Any person using the Services on behalf of an organization  represents and warrants that it is duly authorized by the organization to accept these T&C and that such person has the authority to bind the organization to these T&C and any registration, use or access to the Services by anyone not authorized by the organization is unauthorized, unlicensed, and in violation of these T&C.

 

3.         INSTALLATION AND MAINTENANCE OF THE HARDWARE

 

3.1       In relation to the Services to be provided through the App, the Company will be installing a smart device at the address registered with the Company through the App. The User shall endeavour to make the premises available without interruption during the Company’s normal working hours to permit completion of installation work. In the event of any problems with installation of the smart device, the User must inform the Company of the same within 30 (Thirty) days after completion of installation.

 

3.2       The Users hereby agree that they will not and will not encourage or assist any third party to modify, alter, tamper with, interfere or repair the smart device in any manner not specifically authorized by the Company. The Company will assume no liability or responsibility for any damage, injury or property damage, of any nature whatsoever, resulting from such unauthorized use, modification, interference or tampering with the functioning of the smart device.

 

3.3       The Company will not be responsible for maintenance of the smart device:

 

  • subjected to any installation or repair or maintenance or other work by any person other than an authorized engineer of the Company;

  • accidental or deliberate damage to the smart device by anyone;

  • any defect in the smart device due to any unauthorized or improper use, replacement, removal, modification, alteration, tampering, negligence or failure to follow our instructions as set out in the App, any user guides authorized by the Company and other materials authorized by the Company which are made available to the User from time to time;

  • damage to the smart device on account of force majeure;

  • damage or faults arising due to defects or faults in the property at the address of the installation;

  • damage arising to the property at the address of installation which is caused by an act of omission, commission or negligence by the User or any other third party service provider;

  • in case the smart device is moved from the address of installation by an unauthorized person; and

  • in any other case of breach of these T&C even if not covered under the situations enumerated above.

 

4.         SERVICES ON THE APP

 

4.1       The App is provided by the Company to its Users to monitor their electricity consumption and offers solutions to maximize the efficient energy utilization of its Users. Further, the App enables its Users to pay for their electricity usage by way of a prepaid payment mechanism on the App, through third party payment gateways.

 

4.2       You purchase electricity before you use it. Payments will be made through the App which is linked to your bank account, details of which will be provided by you at the time of registration of the Account (defined below).

 

4.3       The credit balance available in your prepaid account on the App (“Wallet”) is drawn down with every unit of electricity consumed. When your Wallet runs low, you will get an alert by phone and email that lets you know that it’s time to recharge your Wallet. This in turn leads the Users to manage their electricity consumption.

 

4.4       With the App you also have the option of monitoring your total spend on electricity over a period of time and checking the balance in your Wallet.

 

4.5       Subject to the provisions of Section 17.2, in the event your Account is deactivated due to relocation or cancellation, the outstanding credit balance in your Wallet shall be refunded to your bank account linked to the App, within 90 (Ninety) business days of such deactivation or cancellation.  

 

5.         TERMS OF USE OF THE APP

 

5.1       You will be required to register on the App (“Registration”) wherein you will be required to share personal details to access the App, including but not limited to, your name, mobile number, aadhaar number, address, payment information/ bank account details, utility bills,  e-mail address (“Personal Information”), and verifying it with a verification code process, through creation of a unique username and password (“Account”), in order to be granted access to the Services being provided on the App. The User hereby agrees and acknowledges that the details provided by the User at the time of registration including but not limited to name, mobile number, details of aadhaar number, address, shall be accurate and valid.

 

5.2       You agree that you are solely responsible for the activity that occurs through your Account, and that you are solely responsible for maintaining the confidentiality of your Account and password and for restricting access to prevent unauthorized access to your Account when you use the App. You hereby undertake to notify the Company immediately if you have reason to believe that your password has become known to anyone else or in case of any breach of security or unauthorized use of your Account. It is hereby clarified that the Company will not be liable for any loss, damage or other liability arising from your failure to comply these provisions or from any unauthorized access to or use of your Account.

 

5.3       Notwithstanding the above, the in case of an emergency, the App also enables the Users to temporarily share their Account details with their representatives, by placing a request for a temporary third party access. Request for temporary access is limited to 15 minutes and will be verified by way of a ‘One Time Password’ sent to the User. Such temporary access will enable the User’s representative to view and set circuit priorities and to enable boost on the User’s smart device. However, such representative will only be able to view information limited to usage and smart device Wallet balance. The User shall be solely liable for any acts or omissions of such representative and for the privacy of their Account. The Company shall in no manner be liable for any loss or damages incurred by the User by granting access to its representative.

 

5.4       You accept full responsibility for wrongful use of your Account which is in contravention of these T&C. It is hereby clarified that you shall indemnify the Company for any loss, damage, interest or any other financial charges that the Company may incur and/or suffer whether directly or indirectly as a result of violation of these T&C by you.

 

5.5       By registering on the App, you consent to our using the Personal Information as provided by you to send you Service related notices, including any notices required by law, in lieu of communication by postal mail. You hereby authorize us to use your contact number and/or your email address(es) to send you other messages, including changes to features of the Services and special offers. If you do not want to receive such email messages, you may opt out by unsubscribing to one of these messages. Opting out from receiving such messages may prevent you from receiving email messages regarding updates, improvements, or offers.

 

5.6       You agree that the Personal Information you provide to the Company upon registration and at all other times will be true, accurate, current and complete. You agree to maintain and update the Personal Information and to keep the Personal Information true, accurate, and complete. If you provide any Personal Information that is untrue, inaccurate, not current or complete, the Company has the right to suspend or terminate your Account created on the App and refuse any and/or all use, either present or future, of the Services of the Company or any portion thereof.

 

5.7       You hereby agree that the termination of your use of the Services shall not affect any liabilities incurred by you prior to the termination of use of the Services or for acts performed during the pendency of these T&C and the obligations set out in these T&C shall remain in full force and effect notwithstanding termination of your use of the Company’s Services on the App.

 

5.8       The Company reserves the right to offer alternative and/or additional services to certain administrative Users, including administrators of organizations, that may not be offered to a general user. You acknowledge that the Company may charge a fee for the use of any additional services, provided that the Company notifies you of any such fee before you incur it. Subject to the foregoing, you agree to pay any fees as may be charged by the Company in relation to any additional services provided on the App. You hereby acknowledge that such fees shall automatically get deducted from your Wallet upon you electing to avail any additional services being offered by the Company.

 

5.9         The User further acknowledges that the Company may collect, transfer, store and use the information provided by such User on the App for the purpose of providing the Services.

 

5.10       The User acknowledges that the Company’s liability with respect to the Services on App shall be limited and shall be as per these T&C.

 

5.11       The User agrees and confirms that the sole and exclusive responsibility and obligation of the Company is to ensure that the Services are being provided in compliance with all applicable laws, rules and regulations.

 

5.12       The User agrees that, if it does not agree to the applicability of any of these T&C or other policies on App, then the only remedy a User shall have will be to not use the Services and discontinue using its Account on the App. However, till such time that the User uses the App and avails the Services through the App it shall be deemed that the User agrees to and shall continue to adhere and abide by these T&C.

 

5.13       You may not access or use the App for any purpose other than that for which we make the App available. The App shall not be used in connection with any commercial endeavours and as a User you agree not to:

  • systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;

  • make any unauthorized use of the App, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences;

  • use the App to advertise or offer to sell goods and services;

  • circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the App and/or the Services contained therein;

  • engage in unauthorized framing of or linking to the App;

  • trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

  • make improper use of our support services or submit false reports of abuse or misconduct;

  • engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

  • interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App;

  • attempt to impersonate another user or person or use the username of another user;

  • sell or otherwise transfer your profile;

  • use any information obtained from the App in order to harass, abuse, or harm another person;

  • use the App as part of any effort to compete with us or otherwise use the App and/or the content for any revenue-generating endeavour or commercial enterprise;

  • decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App;

  • attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App;

  • harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you;

  • delete the copyright or other proprietary rights notice from any content;

  • copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

  • upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the App or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App;

  • upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

  • except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software;

  • disparage, tarnish, or otherwise harm, in our opinion, us and/or the App; and

  • use the App in a manner inconsistent with any applicable laws or regulations.

 

5.14      The access and use of the App on wireless electronic devices owned or controlled by you shall be strictly in accordance with this T&C. You shall not: (i) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application; (ii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (iii) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (iv) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (v) use the App for any revenue generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (vi) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (vii) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application; (viii) use the App to send automated queries to any website or to send any unsolicited commercial e-mail; or (ix) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

6.         INTELLECTUAL PROPERTY

 

6.1         Nothing contained herein shall authorize a User to use, display or exploit the Intellectual Property Rights of the Company without the prior written consent of the Company.

 

6.2         You hereby agree that the Service and its materials, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (“Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of the Company. Except as explicitly provided herein, nothing in these T&C shall be deemed to create a license in or under any such Intellectual Property Rights, and you hereby agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Use of the Company Content or materials on the Services for any purpose not expressly permitted by these T&C is strictly prohibited.

 

6.3         The compilation of all content is the exclusive property of the App and is protected by laws of India and international copyright and database right laws. All software used is the property of the App and its affiliates or its software suppliers and is protected by India and international copyright and author right laws.

 

6.4         You shall not systematically extract/or re-utilize parts of the contents of the App without the Company’s written consent. In particular, you shall not utilize any data mining or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of the App without the Company’s written consent. You shall not create/ and or publish your own database that features substantial parts of the App without the Company’s express written consent.

 

6.5         You shall not use the trademarks of the Company including any marks on the App for commercially exploiting your interest without our express permission. We reserve our right to initiate legal proceedings if we discover any Intellectual Property Right infringement or passing off.

 

6.6         We respect the Intellectual Property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, contact the customer care (details under Section 9 of these T&C, as below).

 

7.           REVIEWS, FEEDBACK, SUBMISSIONS

 

              We encourage you to share your opinions, both favorable and unfavorable.

 

7.1         You may choose to, or we may invite you to submit comments or feedback about the Services, including without limitation about how to improve the Services. By submitting any feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place the Company under any fiduciary or other obligation, that we are free to disclose the feedback on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, the App does not waive any rights to use similar or related ideas previously known to us, or developed by its employees, or obtained from sources other than you.

 

7.2         All feedback/ comments submitted or offered on the App or otherwise disclosed, submitted or offered in connection with use of the App shall be and remain the property of the Company. Such disclosure, submission or offer of any feedback/ comments shall constitute an assignment to the Company of all rights, titles and interests in all copyrights and other intellectual properties in the feedback/ comments.

 

7.3         The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way.

 

7.4         You hereby agree that while writing reviews/feedbacks/submissions, you shall not violate any condition of our T&C or any applicable policy and would not engage in the following: (i) writing a fake review, or compensating someone or being compensated to write a review; (ii) violate any third party's rights, including any breach of confidence, copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (iii) threaten, stalk, harm, or harass others, or promote bigotry or discrimination; promote a business or other commercial venture or event, or otherwise use the App for commercial purposes, except with a written permission from the Company; (iv) or violate any applicable law.

 

7.5          You are, and shall remain, responsible for the content of any reviews/feedbacks/submissions you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any reviews/feedbacks/submissions you submit.

 

 

 

8.           CONFIDENTIALITY

 

8.1         The User, where applicable, shall keep all the information pertaining to the Services on the App (“Confidential Information”), confidential and shall not be disclosed to any person other than its officers (to the extent necessary) without the prior written consent of the Company.

 

8.2         Confidential Information shall mean all the information of a confidential nature disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by the Company to a User whether before or after the date of these T&C. The User, where applicable, shall not, during the pendency of these T&C, or at any time after these T&C expire or terminate, divulge or use any Confidential Information for the benefit of any other person, corporation, partnership, proprietorship, association, or other entity, nor will the User, directly or indirectly permit the disclosure of any Confidential Information or aid any third party to imitate any Confidential Information.

 

9.         CUSTOMER CARE

 

9.1         In the event of any grievance or complaint in relation to the use of the Services, the User may contact the Company at info@village.energy.

 

10.         SYSTEM REQUIREMENTS AND AVAILABILITY

 

10.1       In order to use the App, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements”).

 

10.2       The Software Requirements are Android Operating System version 4.4 Kit Kat or greater.

 

10.3       The version of the App software may be upgraded from time to time to add support for new functions and services.

 

10.4       The App is available to specified devices meeting the Software Requirements. The Company will use reasonable efforts to make the App available at all times. However you acknowledge the App is provided over the internet and mobile networks and so the quality and availability of the App may be affected by factors outside Company’s reasonable control.

 

10.5       The Company, its group of companies, third party service providers and sub-contractors do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.

 

10.6       The Company will use their best endeavours for rendering any support or maintenance for the App.

 

11.         PRIVACY POLICY

 

11.1       We care about the privacy of our Users. Please review our ‘Privacy Policy’ displayed on the App. You hereby acknowledge that by agreeing to these T&C, you shall be bound by the ‘Privacy Policy’ of the Company, which can be viewed by clicking on the following link [HSA Comment: Company should insert a hyper link to the Privacy Policy]. By using the Services, you are consenting to have your Personal Information including personal data transferred to and processed by us.

 

11.2     You hereby agree that the Personal Information provided by you to the Company at the time of registration on the App shall be collected, stored and used by us for the purpose of providing you an efficient access to and/or the Services of the Company.

 

11.3      It may be noted that the Company handles all such information in accordance with the provisions of the applicable law as may be applicable from time to time and only for the duration lawfully required, thereunder.

 

11.4     You hereby acknowledge that the Company is sensitive towards your information, including your Personal Information and non-personal information provided at the time of registration on the App.

 

11.5      You hereby acknowledge that the Company does not sell or rent your information, including the Personal Information, to anyone. The Company does not share your information, including Personal Information, with any third party outside of the Company’s organization, other than as necessary to provide you with access to and/or the Services of the Company. It may be noted that the Company has strict guidelines with respect to unauthorized access to information, including Personal Information, provided by you. However, please note that the Company may pass your Personal Information to other third parties in the following scenarios: (i) to help us process questions you may have about the Services offered by the Company on the App; (ii) to confirm or correct what the Company knows about you; (iii) we may pass your Personal Information to our affiliates, employees, contractors, suppliers and/or agents to administer the Services and/or access to App provided to you now or in the future; (iv) to any other authority or person as may be required under applicable laws.

 

12.        INDEMNITY

 

12.1      The User shall indemnify and hold harmless the Company, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these T&C or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

 

12.2      You hereby expressly release the Company or any of its affiliates or officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

 

13.       LIMITATION OF LIABILITY

 

13.1      The Company shall in no manner be liable for any damage caused due to , alteration, accident, abuse, neglect or misuse or improper or inadequate handling; improper or inadequate wiring utilized or installed in connection with the smart device,  installation, operation or use of the smart device not made in strict accordance with the specifications and written instructions provided by Company, use of the smart device for any purpose other than those for which it was designed; ordinary wear and tear; disasters or acts of god; unauthorized attachments, alterations or modifications to the smart device; the misuse or failure of any item or equipment connected to the smart device not supplied by the Company; improper maintenance or repair of the smart device; or any other reason the Company determines in its sole discretion to be excessive or improper.

 

13.2      IN NO EVENT WILL THE COMPANY OR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AND CONSEQUENTIAL DAMAGES, OR OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE APP, THE SERVICES, THE TRANSACTION PROCESSING SERVICE, THE USE AND/OR THE INABILITY TO USE THE SERVICES OR THE APP, OR THE TRANSACTION PROCESSING SERVICE, OR THOSE RESULTING FROM ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

 

13.3   The Users understand that electricity is dangerous and hereby agree that they will not and will not encourage or assist any third party to modify, alter, tamper with, interfere or use the smart device/ the electricity meters installed at their premises for any purpose other than those for which it has been designed. Tampering with or use of the smart device for any other purpose can be dangerous and could have fatal consequences. The User hereby further acknowledges that the Company will assume no liability or responsibility for any damage or injury, of any nature whatsoever, resulting from such unauthorized use, modification, interference or tampering with the functioning of the smart device.

 

13.4   The smart devices and the Services rendered in accordance with these T&C aim to help the User control their energy spend and in no manner guarantee any reduction in electricity costs or continuous and/or more reliable supply of power and the Company shall have no liability in this regard.

14.       DISCLAIMER OF WARRANTIES AND LIABILITIES

 

14.1      It is hereby clarified that the App and all Services made available to a User through the App are provided on an ‘as is’ and ‘as available’ basis, without any representations and warranties, express or implied by the Company. You agree that your use of the App and/or the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the App and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not make any representations pertaining to the information, content, or services included on or otherwise made available to a User through the App and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the App, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the App, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the App.

 

14.2      The Services rendered by the Company solely aim to improve the energy reliability that a User experiences and is in no manner responsible to ensure the supply of electricity. The Company makes no representations in relation to the supply of electricity to the User and the same shall be subject to the arrangement between the User and the third party power supplier. The continuity of the  Services rendered are dependent of the continued supply of electricity by the third party supplier.

 

14.3      The User hereby agrees and acknowledges that the Services rendered by the Company are dependent on external factors and third party service providers and the User shall be solely liable to use the Services at the sole discretion in case of emergencies including medical emergencies and the Company shall in no manner be liable for any acts or omissions of the User in such circumstances and/or for any loss or damage arising in such circumstances.

 

14.4      The Company and its directors, officers, employees, subsidiaries and affiliates shall not be liable for any damages arising from any loss of equipment/appliances, loss or distortion of data, loss of time, loss or destruction of software or other property, loss of production or profits, overhead costs, claims of third parties, labour or materials, or damages caused to any equipment/appliances, penalties or liquidated damages or punitive damages, whatsoever, whether based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory, or other losses or expenses incurred by the User or any third party.

 

14.5      The Company does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the App or any hyperlinked website or mobile application, or service, or featured in any banner or other advertising. It is hereby clarified that the Company will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

 

14.6      The Company will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with, the App. The Company does not warrant that the App; information, content, materials, product (including software) or services included on or otherwise made available to you through App; their servers; or electronic communication sent from us are free of viruses or other harmful components, despite our best efforts to prevent these incidents.

 

15.       CANCELLATION AND REFUNDS  

 

15.1     Cancellation: In the event the User wishes to opt out of the Services available on the App or is displeased with the Services provided, the User can delete his/her Account with the Company and stop using the App. In the event, the User opts to delete its Account, any outstanding dues in relation to the Account of such User shall be adjusted from any credit balance available in the Wallet of the User. It is hereby clarified that in the event the amount due and payable by the User on the date of such cancellation is higher than the credit balance available in the Wallet of the User, the User shall be liable to pay immediately such differential amounts.

 

Further, in the event the User commits a breach of these T&C or any of the Policies on the App, and thereafter wishes to opt out of the Services availed on the App, he/she shall be subject to the provisions of Section 17.2 below. 

 

Any outstanding credit balance in the Users Wallet shall be refunded to his/her bank account linked to the App, within 90 (Ninety) business days of such deactivation or cancellation. 

 

15.2      Refund: A User can monitor the total spend on electricity over a period of time and check the balance in his/her Wallet through the App. In the event of a dispute in relation to the charges deducted from the Wallet of the User, or the tariff applications via the App and/or in relation to the units of electricity consumed, due to an error in the smart device and/or the App, the User can raise a complaint through the WhatsApp messaging service on the number specified by the Company, within a period of 14 (Fourteen) days from the date of deduction of the charges in relation to such disputed charge, specifying the basis of such compliant, including details pertaining to the basis of the compliant, the excess amount charged from the Wallet/excess units of electricity charged along with details of the Account. Upon receipt of a complaint, the Company will verify the compliant and upon being satisfied with the veracity of the complaint, refund/ credit the excess amount deducted to the User’s Wallet, within a period of within 90 (Ninety) business days.

 

Additionally, the Company also has a provision for refund of amounts in the Wallet, in the event of relocation or cancellation of services due to relocation, as captured in Section 4.5 and 18.2 of these T&C.

 

16.       TERMINATION

 
16.1      The Company may terminate these T&C and/or the Services on the App for any reason including for reasons of breach of these T&C, or any of the policies on App. The User’s sole right to terminate these T&C is by not using App and deleting its Account with the Company.

 

17.       CONSEQUENCES OF TERMINATION

 

17.1     Termination shall not affect any liabilities incurred by a User prior to the termination or for acts performed during the pendency of these T&C which may result in a dispute post-termination of these T&C, nor any provision expressed to survive or to be effective on termination and the obligations set out in this Section shall remain in full force and effect notwithstanding termination.

 

17.2     It is hereby clarified that in the event of termination of Services pursuant to Section 16.1,wherein there has been a breach of these T&C, or any of the policies on App or in the event of termination wherein the Company incurs additional costs due to reasons attributable to the User, any credit balance available in the Wallet of the User will be forfeited by the Company and the User will have no right or recourse in this regard.

 

17.3     Upon cancellation of an Account and/or termination of the Services in accordance with these T&C’s, the smart device installed in the premises of the User shall continue to remain installed, however the User would revert to availing services as per the historical tariff model as well the standard service reliability and availability as provided by the Distribution Company and the Company shall have no liability in this regard.

 

18.       RELOCATION TO NEW ADDRESS

 

18.1     If you want to relocate the Services to a new address, you must notify us immediately and provide us with details of the new address. We cannot guarantee that you will be able to receive the Services at the new address as this will be subject to the Company’s arrangement with the relevant Distribution Company. If you move to a location that is within the Company’s service area, the Services will automatically be reactivated upon you pairing the App with the smart device installed at the new address.

18.2     In the event of your relocation to a new address where we are unable to provide you with the Services, your Account will be deactivated and any remaining credit balance in your Wallet shall be refunded to your bank account linked to the App, within a period of 90 (Ninety) business days of such deactivation.

 

19.       GENERAL PROVISIONS

 

19.1      No agency: These T&C and the ‘Privacy Policy’ of the Company constitute a principal-to-principal relationship between the Company and the User and do not attempt to create any employee-employer or agency relationship. The Services are being rendered by the Company as an independent entity and nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant, or employer and employee between the Company and the User hereto or any affiliates or subsidiaries thereof or to provide either the Company or the User with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other party, i.e. either the Company or the User.

 

19.2     Assignments: The benefits and obligations of these T&C and the ‘Privacy Policy’, shall not be transferred or assigned by you in whole or in part. The Company may assign, in whole or in part, the benefits or obligations of these T&C to its associates of affiliates of other group company, or any other company, in circumstances including but not limited to pursuant to a restructuring or re-organization or demerger of its organization or operations causing a change in management or something of the nature. The Company shall not require approval or consent of the User, it can at its discretion provide an intimation of such assignment to the User. It is hereby clarified that the User shall be bound by such assignment.

 

19.3     Force Majeure: The Company shall not be liable for its failure to perform under these T&C and its’ ‘Privacy Policy’ as a result of occurrence of any force majeure events like acts of God, fire, wars, sabotage, civil unrest, labour unrest, action of statutory authorities or local or central governments, change in laws, rules and regulations, affecting the performance of the Company, the App, payment gateways or the logistic support partner.

 

19.4     Governing Law, Settlement of Disputes and Jurisdiction: Any dispute or claim relating to it, its enforceability or its termination under these T&C and the ‘Privacy Policy’ shall be governed by the Arbitration and Conciliation Act, 1996 by a sole arbitrator appointed by the Company. The arbitration proceedings shall be held in English language at Hyderabad. The relevant courts in India shall have exclusive jurisdiction over any disputes relating to the subject matter herein.

 

19.5     Waiver: Unless otherwise expressly stated, failure to exercise or delay in exercising a right or remedy, hereunder shall not constitute a waiver of the right or remedy or a waiver of any other rights or remedies, and no single or partial exercise of any right or remedy, hereunder shall prevent any further exercise of the right or remedy or the exercise of any other right or remedy.

 

19.6     Survival of Provisions: The terms and provisions of these T&C, by their nature and content are intended to survive the performance hereof by any or all Parties hereto shall so survive termination.

 

19.7     Severability: If any provision, hereunder becomes, in whole or in part, invalid or unenforceable but would be valid or enforceable if some part of that provision was deleted, that provision shall apply with such deletions as may be necessary to make it valid. If any court/tribunal of competent jurisdiction holds any of the provisions, hereunder unlawful or otherwise ineffective, the remainder shall remain in full force and the unlawful or otherwise ineffective provision shall be substituted by a new provision reflecting the intent of the provision so substituted.

 

19.8     Non-Solicitation: The User warrants that it shall not directly or indirectly solicit for employment, nor offer employment to, nor enter into any contract of services with any person employed by the Company.

 

19.9     Non-Exclusivity: It is agreed and clarified that the arrangement set out by these T&C and the ‘Privacy Policy’ between the Company and the User is on a non-exclusive basis.

 

19.10   Notices: All notices, requests, demands, waivers and other communications required or permitted to be given hereunder shall be given at 6/102 James St, Northbridge Western Australia 6003 or at info@village.energy, if to the Company, if to User, it shall be to the address registered with the Company.

 

19.11   Amendment: These T&C and the ‘Privacy Policy’ may be varied, amended or modified by the Company at any time. The last amended version shall be available on the App at all times.