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TERMS OF PAYMENT AND REFUND POLICY (“POLICY”)

BY AND BETWEEN

SRK E-Ventures, a partnership firm registered under the Indian Partnership Act, 1932, having its registered office at Plot 68, Ambedkar Rd, near Lion Metal, Kandivali, Charkop, Charkop Industrial Estate, Kandivali West, Mumbai, Maharashtra- 400067 (hereinafter referred to as “SRK”, which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include, jointly and severally, each of its partners, both in their personal capacity and as partners of SRK, and their respective heirs, legal representatives, executors, administrators and permitted assigns, successors of SRK, its affiliates, legal heirs, executors, administrators, legal representatives and permitted assigns);

AND

USER, an individual accessing the Platforms (defined below), either in the User’s personal capacity or as the legal guardian of an end-user who is legally incompetent to provide consent under the applicable laws, and on whose behalf the User agrees to ensure compliance with, and be bound by, this Policy (hereinafter referred to as “User”, which expression shall include his/her legal heirs, representatives, executors, administrators and permitted assigns. It is clarified that the term “User” shall be deemed to include any “End-User(s)” (defined below), as applicable, unless repugnant to the context or meaning).

(In case the User of the Platform is a partner supplier of SRK who lists their services/products on the Platform, the term “User”, shall be deemed to mean and include, [as the case may be] in case of a limited liability partnership or a limited company- its affiliates, successors in interest and permitted assigns; or, in the case of a proprietorship, his/her legal heirs, representatives, executors, administrators and permitted assigns; or, in the case of a hindu undivided family, his/her karta, its co-parceners, both present and future; or, in the case of a partnership firm, jointly and severally, each of its partners, both in their personal capacity and as partners of the User, and their respective heirs, legal representatives, executors, administrators and permitted assigns, successors of the User, its affiliates, legal heirs, executors, administrators, legal representatives and permitted assigns.)

SRK and User shall, hereinafter, be referred to as such or, collectively as the “Parties”, and individually as a “Party”.

WHEREAS

A. SRK is in the business of, inter alia, selling and servicing various parts of electric vehicles of various makes and descriptions, operating as the authorised dealer and service provider for major brands manufacturing and selling electric vehicles of various makes and descriptions, providing on rent, to individuals, electric vehicles of various makes and descriptions, on a subscription based model, providing fleet management services in respect of electric vehicles of various makes and descriptions, and other allied services. (“Business”).

B. In the course of conducting the Business, SRK offers access to certain web based platforms to the Users, and such other platforms that SRK offers directly over cellular phones, tablets, etc., and other internet based platforms, through dedicated applications, howsoever described (collectively, the “Platforms”). The User can access each of the aforementioned Platform on suitable devices supporting the access and usage to such respective Platforms, and SRK does not make any representation in respect of the quality of such access and usage, on any devices used by the User for this purpose.

C. The User is visiting the Platforms of SRK, for the exploring the possibility of availing the services of any or all of the Business of SRK, by entering into subsequent specific agreement(s) for such purpose (“Substantive Agreement(s)”). Except to the extent as specified hereinafter, this Policy does not impact the Substantive Agreement(s) in any manner whatsoever, and in case of any conflict between the terms of this Policy and the Substantive Agreement(s), the terms of the Substantive Agreement(s) shall prevail.

D. This Policy pertains to payment services availed by certain Users on the Platform to pay for certain services and/or products offered by SRK, and terms contained herein shall be read with the Substantive Agreement(s) that such Users separately enter into with SRK for the said purpose.

E. This Policy is an “electronic record” in terms of Section 2(s) of the Information Technology Act, 2000 (as amended from time to time) (“IT Act”), and is a legally enforceable document in terms of Section 4 of the IT Act.

F. By accessing and using the Platforms, the User may be required to grant SRK access to certain data constituting “Digital Personal Data”, in terms of the Digital Personal Data Protection Act, 2023 (“DPDA”), limited by the terms provided in Clause 1.6 of Terms of Usage and Privacy Policy.

G. This Policy constitutes the terms to which the User agrees to in respect of- i) accessing and using the Platform, including the risks involved thereof, and b) the manner in which SRK may collect and use the Digital Personal Data (as defined in the DPDA) of such User.

H. This Policy applies to all users of the Platform, including individuals accessing it for personal use, legal guardians acting on behalf of minors or legally incompetent individuals, third-party partner suppliers offering services or products on the Platform, and employees of SRK using the Platform for employment-related purposes.

I. The User agrees that in construing the provisions contained in this Policy and the Terms of Usage and Privacy Policy, reference to the doctrine of contra proferentem shall not be made, and the User acknowledges that the terms contained in this Policy and the Terms of Usage and Privacy Policy are fair and reasonable.

J. These recitals shall form an integral part of this Policy and the Terms of Usage and Privacy Policy, and the Parties agree that reference to these recitals shall be construed as such.

NOW, THEREFORE, the Parties are hereby agreeing to the following, that the access and use of the Platform by the User shall be governed by the following, to which the User agrees to unequivocally and irrevocably:

Under any Substantive Agreement(s), SRK may be entitled to take payments for its services and/or products by means of a payment gateway hosted on any of the Platform(s). In case the User is availing this facility, it represents, warrants and/or agrees (as the case may be) with the following-

  • The payment is being made from a lawful source permissible under Indian Laws, and within the control of the User, or the parents/guardians of the End-User.
  • The User has verified the details prior to making the payment in question.
  • Payments, once made, for purchasing any products or availing any services, shall not be refunded, unless the Substantive Agreement(s) under which the payment has been made, provides for the same.
  • In case of any returns made by the User, subject to the respective Substantive Agreement(s) providing for the same, any refunds shall be initiated on the basis of verification done by SRK, and in accordance with the guidelines provided under the respective Substantive Agreement(s).
  • In case of any security deposits, the same shall be paid after due satisfaction by SRK in respect of any dues pending from the User.
  • Refunds, if any, shall be made to the same account details from which the payment were initially received. In case the same is required to be changed, the User is requested to contact SRK at ganesh@flexifleets.io, prior to making the refund request.
  • Any and all charges levied by the payment gateway to facilitate the payment (or refund) from/to the User, shall be borne by the User.
  • Refunds, if any, shall be credited within fifteen (15) working days of the refund being initiated.

In case of any complaints/grievances regarding the payment process, Users are requested to reach out to us at ganesh@flexifleets.io or 8286488606.