Terms of Use

Last updated on [ 29/02/2024 ]

These terms and conditions of use (“Terms of Use”/ “Agreement”) between you (“You”, “User”) and ELECTROMORPH ELECTRIC PRIVATE LIMITED (CIN: U35109TN2023PTC162300) having its registered address at 49, Yasodha Nagar, Keelakattalai, Tambaram, Chennai, Tamil Nadu- 600017 (“ELECTROMORPH ELECTRIC PRIVATE LIMITED”, “Us”, “We”, “Our”) apply to the access and use of the features and services provided at https://cms.wattsupcharge.com/, https://wattsupcharge.com/ (“Website”), as well as the privacy policies of all Wattsup Charge products. By using Wattsup Charge products, which include the Website and Wattsup Charge mobile application, which is operated by Us You agree to abide by this Terms of Use. The Website and the Wattsup Charge mobile application shall be collectively referred to as “Platform”

These Terms of Use form a contract between Us and You. The terms “You” and “Your” (both lowercase and uppercase) refers to You and any entity on whose behalf You use the Services, and You represent and warrant that You are authorized to accept these Terms of Use on Your and such entity’s behalf, and that such entity agrees to indemnify You and ELECTROMORPH ELECTRIC PRIVATE LIMITED for violation of these Terms. 

Please read these Terms of Use carefully. By accessing or using any of Our Services, you agree to be bound by the terms described herein and all terms incorporated by reference. Do not use the Services if You do not agree to all these terms.

We reserve the right to change or modify any of the terms contained in this Agreement or any policy at any time and in Our sole discretion. Any changes or modifications will be effective immediately upon posting on the Platform. Your continued use of, or attempt thereof, of any Services through any means after the effective date of such changes will constitute acceptance of and agreement to any such changes

1. Scope of Services

1. Wattsup Charge web site hosted at https://www.wattsupcharge.com/
2. Wattsup Charge B-B web application hosted at https://cms.wattsupcharge.com/
3. Wattsup Charge B-C mobile application both Android and IOS

2. Eligibility

You must be at least 18 years of age to access and use the Platform. The Services are not intended for persons under 18 years of age, or persons of unsound mind, or persons who have been adjudged insolvent by a court of competent jurisdiction, or any other person who is not competent to enter a contract as per the applicable law. ELECTROMORPH ELECTRIC PRIVATE LIMITED does not knowingly collect personal information from children under 18 years of age.

3. Registration

To avail of the Services and access certain portions of the Platform, you will have to register with Us by creating an account. In creating an account, you must provide accurate information about yourself, and You will be responsible for all activities in Your account. Registration is not required for browsing the Platform.

4. Right to Use

Subject to Your compliance with this Agreement, and the payment of subscription fees as mentioned in the Platform, if any, you are granted a non-exclusive, non-transferable, limited right to access and use Services made available to You. This right to use is subject to reasonable restrictions and You will not be permitted to sub-license the same to third parties nor use this for providing a similar subscription or services such as ELECTROMORPH ELECTRIC PRIVATE LIMITED or to act in any way in competition with ELECTROMORPH ELECTRIC PRIVATE LIMITED. You shall not directly or indirectly (i) use any of ELECTROMORPH ELECTRIC PRIVATE LIMITED’s proprietary information, third party data, or other content accessed through the Website, to create any service, software, that is similar to any aspect of the Services, (ii) disassemble, decompile, reverse engineer or use any other means to attempt to discover any source code of any Services, or the underlying ideas, data, algorithms or trade secrets therein or comprising any Services, (iii) resell, encumber, sublicense, transfer, rent, lease, time-share or use the Services or the third party data for the benefit of any third party, (iv) copy, distribute, manufacture, adapt, create derivative works of, translate, localize, port or otherwise modify any aspect of the Services, including any third party data, or (v) permit any third party to engage in any of the foregoing proscribed acts.

5. Modifications to the Service and Prices

Prices for Our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Service.

6. Intellectual Property Rights

All right, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in the Services and material belong to ELECTROMORPH ELECTRIC PRIVATE LIMITED or its third-party supplier of materials. You do not acquire any proprietary interest in the Services and material, or copies thereof, except the limited rights granted herein.

7. Refund and Cancellation Policy

Our application facilitates invoice generation, allowing users to conveniently make payments through the application’s provided wallet. In the event of any payment discrepancies, users can raise a request by contacting support@wattsupcharge.com. For handling such requests, we have an internal support system dedicated to processing tickets. If a refund is required, we utilize our support system to gather the user’s bank account details and initiate the refund process, which will be completed within 7 business days. Additionally, we offer users the option to delete their account from our application. If a user chooses to delete their account, we will refund the wallet amount to their bank account within 7 business days from the date of deletion.


8. Disclaimer of Warranties

We do not guarantee, represent or warrant that Your use of Our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to You. You expressly agree that Your use of, or inability to use, the Service is at your sole risk. While We take care in the preparation of the contents of the Platform, the information, names, images, pictures, logos, icons relating to ELECTROMORPH ELECTRIC PRIVATE LIMITED and/or its subsidiaries, affiliates etc. or the products and services of the same, are provided on an ‘as is’ and ‘as available’ basis for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for aparticular purpose, durability, title, and non-infringement.

8.1 In no case shall ELECTROMORPH ELECTRIC PRIVATE LIMITED, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable (whether in contract or tort (including negligence) or otherwise) for any losses sustained and arising out of or in connection with the use of the Platform, including with limitation, loss of profits, loss of data or loss of goodwill (in all these cases whether direct or indirect) nor any indirect, economic or consequential or special loss.

8.2 Furthermore, in no case shall ELECTROMORPH ELECTRIC PRIVATE LIMITED, Our directors, officers, employees, affiliates, contractors, interns, suppliers, service providers or licensors be liable (whether in contract or tort (including negligence) or otherwise) for any losses sustained by you arising out of or due to any other reason outside of Our control, including but not limited to, any malfunction due to reasons other than the Platform or Service provided by Us, such as, failure or fluctuation of electrical supplies, hardware failures, changes to various external components like the operating system, database software, major patches/upgrades to the foregoing, and other failure of interfacing systems, accidents or natural disasters.

9. Errors, Inaccuracies and Omissions

Occasionally there may be information on Our Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted Your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

10. Prohibitions

You must not use the Services or the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that You, and not Us, are responsible for all electronic communication and content sent from Your account to Us and You must use the Website for lawful purposes only. You must not use the Website for any of the following reasons: (i) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; or (ii) to send, use or re-use any material that does not belong to You, or is illegal, offensive, deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, disparaging or in breach of copyright, trademark, patent, confidentiality, or privacy or any other proprietary information or right, or threatens the unity, integrity, defence, security, or sovereignty of India, or friendly relations with foreign states, or public order or causes incitement to the commission of any offence, or prevents investigation of any offence, or is insulting to other nations.

You acknowledge that when You download, install, or use the Services, ELECTROMORPH ELECTRIC PRIVATE LIMITED may use automatic means (including, for example, cookies and web beacons) to collect information about Your mobile device, computer, or laptop about Your use of the Services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Services or certain of their features or functionality, and the Services may provide You with opportunities to share information about yourself with others. All information we collect through or in connection with the Services are subject to our Privacy Policy. By downloading, installing, using, accessing, and providing information to or through the Services, you acknowledge that your personal information

may be collected, used, shared and otherwise processed in accordance with Our Privacy Policy.

11. Termination

ELECTROMORPH ELECTRIC PRIVATE LIMITED may permanently or temporarily terminate or suspend Your account or access to the Services without notice or liability if
ELECTROMORPH ELECTRIC PRIVATE LIMITED (in its sole discretion) determines that your interactions with Us or Our agents or other user (s) are inappropriate, or You have violated these Terms of Use. Without affecting any other remedies available to Us, we may, without notice and in Our sole discretion, terminate or suspend Your right to use the Services and block all Your future access to and use of such Services at any time for any reason. ELECTROMORPH ELECTRIC PRIVATE LIMITED may also discontinue one or more Services, or any features thereof, without notice. Upon termination: i) all rights granted to You under this Agreement will terminate; and ii) You must cease all use of the Services and material. Termination or suspension will not limit any of ELECTROMORPH ELECTRIC PRIVATE LIMITED rights or remedies at law or in equity.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

12. Third Party Websites

The Website, inclusive of all material contained therein, may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and You acknowledge and agree that ELECTROMORPH ELECTRIC PRIVATE LIMITED is not responsible for such content or availability of any such websites. Use of such third-party websites shall be at Your own risk. Further, you agree to comply with all terms and conditions applicable to the use of such third-party websites.

13. Indemnity

You agree to indemnify, defend, and hold harmless ELECTROMORPH ELECTRIC PRIVATE LIMITED and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to Your use or misuse of the Services or Your breach of this Terms of Use or to content You submit or make available through the Services.

14. Limitation of Liability

ELECTROMORPH ELECTRIC PRIVATE LIMITED’s liability shall not in the aggregate exceed the amount actually paid by You for the Services. The foregoing limitations will
apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or whether ELECTROMORPH ELECTRIC PRIVATE LIMITED was advised of the possibility of such damages.

15. Governing Law

This Terms of Use is governed by and construed in accordance with the laws of India without giving effect to any choice or conflict of law provision or rule

16. Contact Us

Any communication or notice required other this Terms of Use shall be sent to ELECTROMORPH ELECTRIC PRIVATE LIMITED by email to support@wattsupcharge.com