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Chargeway

Terms & Conditions

Effective Date: August 30, 2025

Version 2.0 - Comprehensive P2P Charging Platform Terms

Chargeway Terms & Conditions
Welcome to Chargeway. By accessing or using our platform, you agree to be bound by these Terms & Conditions. Please read them carefully before using our services.

Important Notice

By using Chargeway, you agree to these terms. If you do not agree, please do not use our services.

1. Acceptance of Terms

By accessing and using Chargeway ("we," "our," or "us"), including our website, mobile application, and related services (collectively, the "Platform"), you ("you," "Host," or "Guest") agree to comply with and be bound by these Terms & Conditions.

These terms constitute a legally binding agreement between you and Chargeway. If you do not agree to these terms, you must not access or use our Platform.

2. Description of Services

Chargeway provides a digital marketplace that connects:

  • Hosts (Charger Owners): Individuals or businesses willing to share their EV chargers.
  • Guests (EV Owners): Individuals looking for available EV charging points nearby.

Key services include:

  • Locating and booking chargers
  • Viewing availability, pricing, and user reviews
  • Making secure payments
  • Navigating to the charger location
⚠️

Important:

Chargeway does not own, operate, or install chargers unless explicitly stated. All charging is provided by third-party Hosts.

3. User Eligibility and Registration

  • You must be at least 18 years old and legally capable of entering into contracts.
  • You agree to provide accurate and verifiable details during registration (Aadhaar, Driving License, or other KYC documents).
  • You are responsible for safeguarding your account credentials.
  • You may not create multiple accounts or impersonate others.

4. Acceptable Use Policy

You agree not to:

  • Use the Platform for any illegal or fraudulent purposes
  • Harass, threaten, or harm other users
  • Damage or tamper with chargers, vehicles, or properties
  • Enter or remain on private property without a valid booking
  • Post false, misleading, or offensive content
  • Attempt to hack, exploit, or misuse the Platform

5. Payments and Billing

  • All payments must be made through Chargeway's payment partners (Razorpay or others).
  • Hosts set their own charging rates; additional service fees may apply.
  • Refunds are only processed for failed or incomplete charging sessions.
  • No cash payments are permitted outside the Platform.

6. Service Availability and Performance

  • We aim to maintain 24/7 platform access, but availability is not guaranteed.
  • Charging availability depends on Hosts, electricity supply, and local conditions.
  • Information shown (rates, charger type, availability) may not always be real-time or error-free.

7. Safety, Security & Liability

7.1Property & Theft

  • Chargeway is not liable for theft, loss, or damage to personal property of either Hosts or Guests.
  • Guests are responsible for their vehicle and belongings.
  • Hosts are responsible for securing their home/property.

7.2Misconduct & Harassment

  • Any misconduct (harassment, assault, or criminal activity) will result in immediate account termination and reporting to law enforcement.
  • Chargeway disclaims liability for such acts but will cooperate with police investigations.

7.3Vehicle & Charger Issues

  • Guests use chargers at their own risk.
  • Hosts must ensure chargers meet safety and compliance standards.
  • Chargeway is not responsible for:
    • Battery damage, power surges, or fire hazards
    • Malfunctions due to faulty wiring, local electricity issues, or user negligence

7.4Compliance Responsibility

  • Hosts are responsible for ensuring their charging setup complies with local laws, society rules, and electricity regulations.
  • Chargeway disclaims liability for penalties, disconnections, or legal actions arising from unauthorized installations.

8. Limitation of Liability

Important Liability Limitation

Please read this section carefully as it limits our liability to you.

To the maximum extent permitted by law, Chargeway shall not be liable for:

  • Vehicle or property damage during charging
  • Theft, misconduct, or criminal acts by users
  • Service interruptions, power failures, or charger malfunctions
  • Any indirect, incidental, or consequential damages

Our total liability in any case shall not exceed the lesser of:

  • The fees paid by you to us in the last 12 months, or
  • ₹1,000 (One Thousand Rupees)

9. Dispute Resolution

  • Disputes between Hosts and Guests must first be reported to Chargeway Support (support@chargeway.in).
  • If unresolved, the matter may be escalated legally.
  • Governing law: Laws of India.
  • Jurisdiction: Courts of New Delhi, India.

10. Host-Specific Obligations & Protections

10.1 Host Safety & Compliance Requirements

  • Electrical Safety: All chargers must comply with BIS (Bureau of Indian Standards) electrical safety norms and have valid electrical certificates.
  • Property Authorization: Written consent from property owner/society for commercial EV charging activity where required.
  • Fire Safety: Adequate fire safety measures including fire extinguisher accessible within 10 meters of charging point.
  • Guest Access: Clear, safe, and well-lit access path to charging point during operational hours.

10.2 Host Income & Tax Obligations

  • Tax Compliance: Hosts earning over ₹2.5 lakh annually must declare income and pay applicable taxes under Income Tax Act, 1961.
  • GST Registration: Hosts with annual turnover exceeding ₹20 lakh (₹10 lakh for special category states) must register for GST.
  • TDS Compliance: Chargeway will deduct TDS as per applicable rates when payments exceed specified thresholds.
  • Documentation: Hosts must provide PAN, address proof, and bank account details for regulatory compliance.

10.3 Host Liability Limitations

  • Property Damage: Host liability for guest vehicle damage limited to ₹50,000 per incident with proper insurance coverage.
  • Theft Protection: Host not liable for theft of guest belongings; guests responsible for vehicle and personal security.
  • Force Majeure: No liability for power outages, grid failures, natural disasters, or government restrictions beyond host control.

11. Guest-Specific Obligations & Rights

11.1 Guest Vehicle & Safety Requirements

  • Vehicle Registration: Only vehicles with valid registration, insurance, and pollution certificate allowed on platform.
  • Charging Cable: Guests must carry compatible charging cables; hosts provide power connection only unless specified.
  • Property Respect: No smoking, littering, or unauthorized access to host premises beyond charging area.
  • Emergency Procedures: Must immediately stop charging and evacuate in case of smoke, sparks, or unusual odors.

11.2 Guest Consumer Rights (Consumer Protection Act 2019)

  • Service Quality: Right to receive charging service as advertised in terms of speed, connector type, and availability.
  • Transparent Pricing: All charges including service fees, taxes, and additional costs must be disclosed upfront.
  • Grievance Redressal: Access to consumer courts for disputes exceeding ₹1 lakh or National Consumer Disputes Redressal Commission.
  • Compensation Rights: Entitled to compensation for deficient service, overcharging, or safety hazards as per Consumer Protection Act.

12. Comprehensive Insurance & Risk Management

12.1 Platform Insurance Coverage

  • Public Liability: Chargeway maintains ₹10 crore public liability insurance covering platform-related incidents.
  • Cyber Liability: Coverage for data breaches, payment fraud, and cyber security incidents up to ₹5 crore.
  • Professional Indemnity: Protection against platform malfunction, wrong directions, or booking errors.
  • Directors & Officers: Executive protection for corporate governance and regulatory compliance issues.

12.2 Mandatory Host Insurance Requirements

  • Property Insurance: Minimum ₹5 lakh coverage for property damage including electrical equipment and infrastructure.
  • Third Party Liability: ₹2 lakh minimum coverage for guest vehicle damage or personal injury at host premises.
  • Electrical Breakdown: Coverage for charger malfunction causing vehicle damage or electrical hazards.
  • Business Interruption: Recommended coverage for loss of income due to equipment failure or property damage.

12.3 Guest Insurance Recommendations

  • Vehicle Insurance: Comprehensive motor insurance mandatory with coverage for electrical damage and charging-related incidents.
  • Personal Accident: Recommended coverage for injuries during charging process or on host premises.
  • Travel Insurance: Coverage for emergency towing, accommodation if stranded due to charging issues.

13. Termination of Accounts

Users may request account deletion anytime.

Chargeway may suspend or terminate accounts for:

  • Policy violations
  • Fraudulent or criminal behavior
  • Inactivity beyond 12 months

14. Indemnity

By using Chargeway, you agree to indemnify and hold harmless Chargeway, its founders, employees, and affiliates against any claims, damages, liabilities, costs, or expenses arising from your use of the Platform, chargers, or interactions with other users.

15. Intellectual Property Rights

  • All trademarks, branding, and content belong to Chargeway.
  • Users may not copy, resell, or exploit the Platform's content or technology.

16. Privacy & Data Protection

Your use of Chargeway is subject to our Privacy Policy, which explains how we collect, store, and process personal information.

17. Changes to Terms

We may update these Terms from time to time. Updates will be notified via email or app notification. Continued use of the Platform constitutes acceptance of updated Terms.

18. Enhanced Security, Theft & Safety Protocols

18.1 Anti-Theft & Security Measures

  • CCTV Requirement: Hosts must install CCTV coverage of charging area with 30-day recording retention.
  • Secure Parking: Charging area must be in secure, well-lit location with controlled access where possible.
  • Emergency Contacts: Local police station and nearest hospital contact details displayed at charging location.
  • Panic Button: Chargeway app includes panic button feature connecting to 24/7 emergency response team.

18.2 Theft & Loss Liability Framework

  • Vehicle Theft: Host liability limited to ₹1 lakh if theft occurs due to inadequate security measures as per platform standards.
  • Accessory Theft: Guests responsible for securing personal belongings and vehicle accessories during charging.
  • Charging Cable: Cable theft liability shared - host ₹2000, guest ₹2000, platform insurance ₹1000 per incident.
  • Police Reporting: All theft incidents must be reported to police within 6 hours with FIR copy provided to platform.

19. Comprehensive Indian Legal Compliance

19.1 Consumer Protection Act 2019 Full Compliance

  • Consumer Rights: Right to safety, information, choice, representation, redressal, and consumer education as guaranteed under the Act.
  • Unfair Trade Practices: Prohibition of misleading advertisements, false claims, and unfair contract terms.
  • Product Liability: Compensation for harm caused by defective charging equipment or services.
  • Central Consumer Protection Authority: Compliance with CCPA orders, recalls, and safety standards.

19.2 Digital Personal Data Protection Act 2023 Compliance

  • Data Minimization: Collection limited to necessary data for service provision with explicit consent.
  • Purpose Limitation: Data used only for stated purposes with re-consent required for new uses.
  • Data Breach Notification: 72-hour notification to Data Protection Board and affected individuals.
  • Right to Erasure: Users can request data deletion with compliance within 30 days unless legally required to retain.

19.3 Additional Regulatory Compliance

  • RBI Payment Guidelines: Full compliance with digital payment security, refund timelines, and customer grievance redressal.
  • Motor Vehicle Act 2019: Compliance with EV charging infrastructure norms and safety standards.
  • Electricity Act 2003: Adherence to electrical safety regulations and state electricity board guidelines.
  • Contract Act 1872: Enforceable contract terms with clear obligations, considerations, and legal remedies.

20. Advanced Force Majeure & Emergency Provisions

20.1 Force Majeure Events Definition

  • Natural Disasters: Earthquakes, floods, cyclones, landslides, and other natural calamities as declared by authorities.
  • Government Actions: Lockdowns, curfews, emergency orders, regulatory changes, or policy modifications.
  • Infrastructure Failures: Power grid collapse, internet outages, payment system failures beyond platform control.
  • Public Health Emergencies: Pandemics, disease outbreaks, quarantine requirements, or health advisories.

20.2 Force Majeure Consequences & Relief

  • Obligation Suspension: All performance obligations suspended without penalty during force majeure period.
  • Automatic Refunds: Full refunds for all affected bookings within 7 days of force majeure declaration.
  • Service Credits: Affected users receive bonus credits equivalent to 50% of cancelled booking value for future use.
  • Duration Limit: Force majeure relief limited to 6 months; contract renegotiation required beyond this period.

21. Mandatory Mediation & Alternative Dispute Resolution

21.1 Three-Tier Dispute Resolution Process

  • Tier 1 - Direct Resolution (0-15 days): In-app communication and automated resolution for disputes under ₹10,000.
  • Tier 2 - Platform Mediation (15-45 days): Professional mediator assigned for disputes ₹10,000-₹1 lakh.
  • Tier 3 - Formal Arbitration (45-120 days): DIAC arbitration for disputes exceeding ₹1 lakh or unresolved cases.

21.2 Binding Arbitration Terms

  • Arbitration Seat: New Delhi as per Delhi International Arbitration Centre (DIAC) rules.
  • Language: Proceedings in English with translation support for regional languages if required.
  • Cost Allocation: Losing party bears arbitration costs; frivolous claims result in additional penalty.
  • Fast Track: Disputes under ₹5 lakh eligible for fast-track arbitration within 6 months.

21.3 Consumer Court Jurisdiction (Preserved Rights)

  • Concurrent Jurisdiction: Consumer courts retain jurisdiction under Consumer Protection Act 2019 for service deficiency claims.
  • District Forum: Claims up to ₹1 crore; State Commission: ₹1-10 crore; National Commission: above ₹10 crore.
  • Choice of Forum: Consumer may choose between arbitration or consumer court; decision binding once proceedings initiated.

22. Platform Cybersecurity & Technical Safeguards

22.1 Technical Security Measures

  • Data Encryption: End-to-end AES-256 encryption for all user data transmission and storage.
  • Payment Security: PCI DSS Level 1 compliance with tokenization and fraud detection systems.
  • Identity Verification: Multi-factor authentication and biometric verification where supported.
  • Regular Audits: Quarterly security audits and penetration testing by certified agencies.

22.2 Incident Response Protocol

  • Immediate Response: 24/7 Security Operations Center with 15-minute initial response time.
  • Breach Notification: User notification within 72 hours of confirmed data breach discovery.
  • Account Protection: Automatic account lockdown and credential reset protocols during security incidents.

23. Miscellaneous

  • Severability: If a part of these Terms is invalid, the rest remains enforceable.
  • Entire Agreement: These Terms + Privacy Policy = the complete agreement.
  • Waiver: Failure to enforce any right does not waive it.
  • Assignment: Users may not transfer their account; Chargeway may assign rights without restriction.
  • Electronic Communications: All communications via platform, email, or app notifications are deemed legally valid.
  • Time Limitation: Legal action must be initiated within 2 years of the incident or claim arising.

Contact Information

If you have any questions, concerns, or feedback regarding these Terms & Conditions, please contact us:

Email: support@chargeway.in

💡 Response Time: We are committed to addressing your concerns and will respond to your inquiries within 48 hours during business days.

Last updated: August 30, 2025

Version 2.0

These comprehensive Terms & Conditions are effective immediately and apply to all users of the Chargeway platform. Designed specifically for India's P2P EV charging marketplace.

🔒 This document contains legally binding terms. Please save or print for your records.