Terms of Use

These Terms of Use (“Terms”) are made and entered into as of this 1st day of February 2023 (the “Signing Date”)

By and Between

PlugsHub, having its registered office in Abu Dhabi City, Masdar Free Zone (UAE) (the “PlugsHub” or “Us” or “Our” or “We”);

And

[Plugshub of the Customer] (the “Customer” or “Your” or “User” or “Users”).

(PlugsHub and the Customer are hereinafter jointly referred to as the “Parties” or singularly as “Party”).

Applicability

These Terms shall be applicable only to the Customers using the website www.plugshub.com and/or its related mobile application, namely, “PlugsHub” (“Website” or “App” or “Site” or “Platform”), managed by the Company.

In addition to these Terms, the Company’s Privacy Policy statement shall also be applicable to the Customer, which together shall form the entire agreement between the Company and Customer.

In the Customer is a service provider, the Service Provider Terms as available on the Company’s App shall also be applicable on the Customer.

Acceptance of the Terms of Use

By accessing or using or registering or availing the services through our Platform in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
1. You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time at the App.

You are of sound mind, competent to contract and are at least of the age of majority as per the laws of the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority, then you must have the permission of your lawful guardian to use and access our Platform.

We must not have previously disabled your account for violation of law or any of our policies.

You agree, understand and acknowledge that the we are an online platform that enable you to locate the nearby third-party service providers that have the provision of charging station to charge your electric vehicle (“Service Providers”), as such we are only a facilitator between you and the third-party Service Providers listed on our Platform, and we cannot be a party to or control in any manner any transactions that may take place between you and the Service Provider off the Platform, or your interaction with the Service Providers outside of the Platform. Accordingly, the contract of sale of service shall be a strictly bipartite contract between you and the Service Providers.

Accounts, Passwords and Security

Account Registration: To access most parts of the App, and to avail various services, you might be required to register and create an account with us. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself. As part of the registration process, you will create a username, password and an account.

Registration Details and Verification: While registering the user account on the Platform, you will be required to furnish details about you and your vehicle and such other information that may be required by us. You agree and acknowledge that we may directly or through a third-party service provider validate the information provided by you on the Platform. You agree to furnish additional information and provide documentary proof as may be requested by us, from time to time, for the purposes of verification of your user account information. If any information provided by you is found to be incorrect or misleading, we reserve our right to take appropriate steps as set forth under Section 2(e) of these Terms.

Social Media Signup: You also have an option of signing up using social media accounts. In case, you chose to sign up using any of the social media account, you will be re-directed to the applicable social media platform, and therefore, in addition to these Terms and our Privacy Policy, you will also be subject to the terms and privacy policy of such social media platform.

Security: You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.

Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, we may terminate your account, and refuse current or future use of any or all of the Services.

Use of the App

Allowed uses:
1. App Updates: From time to time, we will bring new updates to our App, mostly in order to enhance the user experience and/or to improve the safety and security of our users and service providers, or for any other reason as we deem fit at our sole discretion. You agree to update the App as and when such updates are ready and available.

Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the services on the App.

Information: Whenever prompted, you must provide us with the correct, accurate and updated information, including but not limited to your name, location, email, contact number etc.

Insurance: Your vehicle shall have adequate insurance to cover for all contingencies.

Material: For the purposes of these Terms, “material” shall mean any text, video, graphics and sound material, published on the App, whether a copyright of PlugsHub, Service Providers, its licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the App. You must not reproduce any part of the App or the material or transmit it to or store it in any other App or disseminate any part of the material in any other form, unless we have indicated that you may do so.

Restricted uses:
1. While availing the services or interacting with the Service Providers, you shall not be under the influence of an alcohol, drug, and shall not engage in or entertain or participate in any discussion with respect to politic or religion or any other sensitive issue, and shall not engage in any act of discrimination, sexual harassment, theft, violence, crime, etc.

You cannot create multiple accounts, without our express permission.

You can’t impersonate others or provide inaccurate information.

You can’t raise or comment or write feedback on any political, racist or such other issue which effect’s a person, community or society.

You shall not make any defamatory or denigrating statement(s) about PlugsHub, or our brand name or domain name used by PlugsHub, or otherwise act in any manner that might tarnish the reputation or standing of PlugsHub or Users on the Platform or otherwise tarnish or dilute any of PlugsHub’s trademarks, service marks, trading name, or the goodwill associated with them.

You must not misuse or interfere with the Services or Platform or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law and as per the directions provided by us. Unless otherwise expressly stated, you may not access or reuse the Services, or any portion thereof, for any commercial purpose.

You must not:

republish material from this App;
sell, rent or sub-license material from the App;
show any material from the App in public without our consent;
edit or otherwise modify any material on the App (other than editing your own information as per the method provided);
reproduce, duplicate, copy or otherwise exploit material on our Platform for a commercial purpose; or
redistribute material from the App, except for content specifically and expressly made available for redistribution with our written consent and according to our terms; and
infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our licensors, Service Providers or any third party.

We reserve the right to restrict your access to any areas of our Platform, or indeed our whole Platform, at our discretion.

You must not use our Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform, without our express written consent.

You must not access our Platform strictly for the purpose of building a competitive product.

In case of your violation or non-compliance of any of the terms mentioned in this Terms of Use, we reserve the right to suspend or terminate your account or your access to the Platform or our services, at our sole discretion.

Writing a Review or leaving a Feedback

You may be able to rate the services you avail from the Platform, share your experience and provide a feedback or review for such services availed by you. In such case, you shall provide your honest and true feedback and opinion. You agree not to post anything or perform any act that is deemed to be abusive, derogatory, political, immoral, unlawful, inappropriate, objectionable, or that infringes on any third-party rights. We reserve the right to delete or not display your feedback, at our sole discretion.

Ownership Rights

This Website, App, domain, its trademark, trade name, trade dress, logo, design, features, its content and services listed on it shall remain the sole property of the PlugsHub or its Service Providers, as the case may be. Your use of or access to this Platform shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Website, App, or any content published by us or our licensors or third parties. This Website, App and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on our App or Website are the exclusive property of, or are licensed to the PlugsHub and are protected. No use of a trademark, trade dress, trade name or design appearing on this Website or App may be made without the prior written permission of PlugsHub.

Reservation of Right

PlugsHub does not pre-screen any content or service or information listed or posted by the service providers or other users and PlugsHub is under no obligation to pre-screen any such content or information or validate the authenticity or genuineness of the information published or listed by the Service Providers. However, PlugsHub may at its discretion and/or in accordance with applicable law or on receipt of claim or order, may voluntarily take down any content or listing or information posted by you, other user or Service Provider on the Platform and if PlugsHub determines that any content or information or listing is in violation of these Terms or our Service Provider Terms, PlugsHub may remove such content or listing or information from the Platform without notice. Such actions do not in any manner negate or dilute PlugsHub’s position as an intermediary or impose any liability on PlugsHub with respect to content or listing or service or information posted/listed, published or transmitted by users or Service Providers on the Platform.

PlugsHub reserves the right to cooperate fully with governmental authorities, private investigators, injured third parties in the investigation of any suspected criminal or civil wrongdoing and/or any third parties alleging a claim against you. Further, PlugsHub may disclose the User's identity and contact information, if requested by any third party, government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.

Privacy

In order to see what data we collect and how we use or store or share such data, please refer to the detailed Privacy Policy statement available on our App.

Links to Third-party Sites

The App might contain links to third-party websites, products and services. For example, the App works with third party payment service providers to provide you the most convenient payment options, and the App may contain location of third-party charging stations. Such third-party links are not under the control of PlugsHub, and PlugsHub is not responsible for any third-party links. PlugsHub provides access to these third-party links only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to third-party links. You shall use all third-party links at your own risk, and should apply a suitable level of caution and discretion in doing so. Whenever you click on such links, you are taken to such third-party website, and you get out of the jurisdiction of our Platform. Therefore, you shall be governed by the terms of use, privacy policy and other policies of such third-party websites and we suggest that you read those policies. In case of any damage due to such action of third-party links, PlugsHub shall not be responsible.

Payments, Taxes and Refunds

Bookings: The services on the Platform are booked by duration for which the services are required to be availed.

Payment: All service orders are subject to acceptance and availability and you agree to pay for the service that you avail after booking through the Platform, and you authorize us to charge your debit or credit card or process other means of payment for the same. You shall be responsible to borne all the applicable taxes and duties (wherever applicable), and other charges.

No Responsibility: You further acknowledge that we shall not be responsible, in any manner whatsoever, for any loss incurred by you for a failed / incomplete transaction undertaken by you on the Platform.

Refunds or Re-schedule: In case you face any technical difficulties, and after making the payment for the service, you are unable to receive the service, for the reasons attributable to Service Provider or technical failure, in such case, you will be eligible for either re-scheduling the service, or for a full refund of the amount paid by you. For this, you need to inform us by emailing the issue at Info@plugshub.com , within a period of 1 (one) day. We will look into the issue and cross-verify the facts with our Service Provider, and only after the verification of the genuineness of your complaint, we will process your refund or provide you a re-scheduling, within a period of forty-five (45) business days from the date of your complain. Any refunds processed may take up to forty-five (45) business days to reflect in your original method of payment.

You shall comply with all the applicable regulations/ laws in relation to cash transactions as stipulated under the applicable tax laws.

Non-Circumvention

You, either alone or through a partner, company, or joint-venturer, shall not make any efforts to solicit any of our Service Providers, either directly, or indirectly, in an attempt to receive the services directly by circumventing us and our commission, or receive any other gain whatsoever. You will also immediately inform us of any attempts made by any of our Service Providers to directly provide service to you by circumventing us. This Section shall survive the termination or expiration of these terms or our relationship.

Fees and Charges

Any taxes, duties, or levies applicable on any service by any central/state/local authorities wherever applicable shall be extra and you will be liable to pay the same.

We and our Service Providers reserve the right to modify the prices of our service at any time, without any prior notice.

Disclaimer

PlugsHub is not power provider, it is intermediary solution system to perform a time booking for home charger owners.

PlugsHub may provide the location of public chargers, but PlugsHub disclaims all representations, warranties, responsibilities and liabilities with that respect.

PlugsHub shall not be responsible for any injuries or medical issues arising with the user or the Service Provider. Moreover, we shall also not be responsible for any other damages or issues, including without limitation, the one’s arising from natural calamities such as volcano, earthquake, flooding, etc.

If there is an issue with Service Provider device, PlugsHub is not responsible for the same. However, we may reach out to us in such situation, and we may take action in accordance with our policies or applicable law in our sole discretion.

The power capacity is an approximate close accurate number. If there is any change or discrepancy in KW, PlugsHub shall not be responsible for the same.

We are an intermediary platform that connects service providers with users or buyers. You acknowledge and undertake that you are accessing the services on the App and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the App. We do not verify the authenticity of the Service Providers, their charging stations or their services or information posted or listed by them. Similarly, we do not verify the background or genuineness of the users or the inquiry of the users, and therefore we disclaim all warranties or guarantees in this respect whatsoever. We shall neither be liable nor responsible for any actions or inactions of Service Providers or users, nor any breach of conditions, representations, or warranties by the Service Providers or users, and hereby expressly disclaim any all responsibility and liability in that regard. We shall not mediate or resolve or be a party to any dispute or disagreement between the service providers and the users.

When a service is availed from a Service Provider by a buyer, the same will be governed by the bipartite contractual arrangement entered into directly between the user and the Service provider. You agree that PlugsHub cannot and does not confirm each Service Provider or user’s purported identity. PlugsHub encourages users and service providers to exercise discretion and caution while dealing with each other.

The App is provided on an “as-is” and “as available” basis, and PlugsHub (and our licensors and affiliates) expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement of the services listed on our Platform. We make no warranty that the App or service will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

You hereby waive your right to sue us for any actions, inactions or breach of contract by the Service Providers.

If you are suspicious of any abnormal matter or action or doubts or any illegal situation, or where you feel you need protection, we recommend you to immediately contact the cops/police/law enforcement agencies.

Limitation of Liability

We and our Service Providers will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control.

In case you avail services while accessing the Platform, that is supported and/or provided by the third-party service provider(s), for all such services your contracting entity will be such third-party service provider(s), as the case may be. PlugsHub disclaims all liability for any claims that may arise pursuant to your use of services provided by such third-party service providers.

To the maximum extent permitted by law, in no event shall PlugsHub (or our licensors or affiliates) be liable to you or any third party for any damage, lost profits, lost data, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or inability to use or access the App, even if PlugsHub has been advised of the possibility of such damages. Access to, and use of, the App is at your own discretion and risk, and you will be solely responsible for any damage to your device or electric vehicle or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to amount of your booking in question. The existence of more than one claim will not enlarge this limit. You agree that our suppliers, licensors, Service Providers or affiliates will have no liability of any kind arising from or relating to these Terms.

Indemnity

You acknowledge to defend, indemnify and hold PlugsHub, its affiliates, subsidiaries, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:

Your violation of any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights, including content the user distributes through the services;

Your wrongful or improper use of services, Platform;

Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our Services; and/or

Your violation of these Terms or any other policy of PlugsHub as associated with our services.

The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our services.

If we are put on notice that your use, action, comment or feedback violates the law or the rights of others, or if we discover that your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else or harass them), we may remove your feedback from our platform, and/or delete, suspend your account from Platform.

You are required to follow the below procedure to file a claim:

Identify in writing the copyrighted material that you claim has been infringed upon;

Identify in writing the copyrighted material that has infringed upon your copyright;

Provide your current and up-to-date contact information, including your address, telephone number, and e-mail address;

Provide your physical and/or electronic signature;

Send us a written communication to (enter email of Copyright Agent); and

You may be subject to liability if you knowingly make any misrepresentations on a take-down notice or claim.

Transaction and Disputes between you and Service Providers

PlugsHub is merely a facilitator and is not and cannot be a party to or control in any manner any advertisement, exhibition, making available, offer to sell or transactions of sale or purchase, or provision of service on or off the Platform.
When a service is offered by a Service Provider, service availed by the user from the Service Provider will be governed by the bipartite contractual arrangement entered into directly between the customer and the Service Provider. Customer agrees that PlugsHub cannot and does not confirm each Service Provider’s purported identity. PlugsHub encourages customers to exercise discretion and caution while dealing with any Service Provider.

For any Services, PlugsHub does not represent either the Service Provider or the customer in specific transactions. PlugsHub does not control and is not liable to or responsible for the quality, safety, suitability of services, lawfulness or availability of the services offered, or the ability of the Service Provider to provide a service or the ability of customers to complete a purchase off the Platform. PlugsHub does not implicitly or explicitly support or endorse the sale or purchase of any service off the Platform.

User acknowledges that it is fully assuming the risks of conducting any transactions off the Platform (hereinafter referred to as “Transaction Risk”), and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to services that are the subject of transactions. User acknowledges and undertakes that it will avail the service from the Service Provider at its own risk and will use its best and prudent judgment before entering into any transactions with such Service Provider.

PlugsHub shall neither be liable nor responsible for any actions or inactions of the User nor any breach of conditions, representations or warranties of the services and hereby expressly disclaims any and all responsibility and liability in that regard. PlugsHub shall not mediate or resolve any dispute or disagreement between customer and the Service Provider.

In the event that any User has a dispute with any party to a transaction such User agrees to release and indemnify PlugsHub (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

We do not make any representations pertaining to the information, content, services and User acknowledges that we are only acting as an intermediary between the customer and the Service Provider. User hereby further agrees, acknowledges and confirms that we are not responsible in any way for the services availed or booked by the customer from the Service Provider and it is explicitly agreed by the User that we will not in any way, under any circumstances whatsoever, be responsible or held liable for services availed by the customer from the Service Provider and/or in relation to any issue and/or dispute thereof. User hereby further agrees, acknowledges and confirms that under the aforesaid circumstances User’s only recourse will be against the Service Provider and we will not be made a party to any such issue and/or dispute between the Service Provider and the user.

The User(s) shall be solely responsible for obtaining all necessary third-party licenses and permissions (if any required under applicable law) regarding the right and authority (if required under applicable laws) to avail the service or with respect to its electric vehicle.

To any issue with the Internet Network or a Disconnect with the internet network between the Client and the Service Provider, PlugsHub is not responsible for this and will not be liable for this.

Governing Law and Dispute Resolution

Governing Law: The Terms and any dispute arising out of or relating to the same will be governed by applicable laws of the Abu Dhabi, UAE.

Dispute Resolution:
1. Amicable Resolution: If in case, any controversy, conflict or dispute of any nature arises between the user and PlugsHub, in connection with the provisions of these Terms, or our Privacy Policy, or out of or relating to or in connection with the use of our App, the parties shall spend at least 45 days to try to use all means to amicably resolve that dispute or conflict or controversy, with mutual discussions.

Binding Arbitration: If however, the attempt to settle such a dispute amicably fails, then such controversy, conflict or dispute between the user and PlugsHub, shall be submitted to the binding expedited Arbitration, to be submitted to an Arbitration Institute, selected by PlugsHub, and the proceeding shall be presided over by a sole Arbitrator, which is to be appointed by the Arbitration Institute so appointed. The proceedings shall be conducted as per the applicable rules of the Arbitration Institute. The language of Arbitration proceedings (including that of any documents to be submitted therein) shall be English and the seat shall be at Abu Dhabi, UAE.

Cost and Expenses: The parties to the Arbitration proceedings shall mutually bear all the costs and expenses relating to the appointment of Arbitrator, and of the Arbitration proceedings. However, the Arbitrator shall be free to allocate the costs on the breaching party.

Challenge to the Arbitration: In case of any dispute as to the Arbitration clause above or in case of enforcement of the Arbitration award, and in any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Abu Dhabi, UAE.

Notices

When you use the App or send emails to PlugsHub, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this App. PlugsHub will communicate with you by email, SMS, WhatsApp, phone call or by posting notices on this App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to Info@Plugshub.com

Miscellaneous

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.

Waiver: Our failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between PlugsHub and you or any other party be deemed to modify any provision of these Terms.

Survival: Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms of Use, for any reason whatsoever.

No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

No Assignment: You may not assign these Terms of Use (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of PlugsHub, which may be withheld at PlugsHub’s sole discretion. Any attempted assignment that does not comply with these Terms of Use, shall be null and void.

Entire Agreement: The Terms, together with any additional terms and conditions incorporated herein or referred to herein constitute the entire Agreement between PlugsHub and You, relating to the subject matter hereof, and supersedes any prior understanding or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on our Platform.

Force Majeure: PlugsHub, its associates and its Service Providers will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.

Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the App after any amendments to the Terms shall constitute your acceptance to such amendments.

Last Updated on 15th February 2023