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1. Introduction
- This document (“Terms and Conditions”) governs the use of Magna Yuma Private Limited’s (“Service Provider” or “Yuma”) battery swapping services.
2. Definitions
- “Battery Swapping Services” refers to the services provided by Magna Yuma for exchanging discharged batteries with charged batteries.
- “Battery Swapping Stations” are the facilities provided by Magna Yuma for battery swapping.
- “Electric Vehicle” (“EV”) refers to the vehicle powered by batteries that require swapping or charging.
3. Customer Plan & Specifications
- You must select a Customer Plan & Specifications as part of this Agreement, detailing the specifications for the Services and payment terms.
4. Term
- The Agreement shall come into force on the Activation Date and shall be in force unless terminated in accordance with the terms of this Agreement (“Term”).
- Customer can select different Customer Plans & Specifications for the EVs used by them, and the Activation Date, and tenure of each Customer Plan, shall be calculated and governed under this Agreement for each Customer Plan & Specifications separately.
- It is clarified that the Parties may cancel 1 (one) Customer Plan & Specification without affecting other active Customer Plans & Specifications.
- The term under separate Customer Plan & Specifications shall be automatically renewed for successive periods unless terminated by the Customer with at least 30 days’ notice before the expiry of the term or renewal term.
5. Description of Services
- “Services” refers to all the services provided by the Service Provider, encompassing access to Battery Swapping Stations, swapping of discharged Battery with a charged Battery, providing information on the Yuma Customer App, or any other services provided by Service Provider to the customer as part of the Pricing & Subscription Plan
- The Services shall be activated and made available after payment of Security deposit and Service Fee and maintaining the applicable Security deposit, within the Territory alone.
- The Battery shall be swapped only at the Battery Swapping Station and inserted in the identified slot of the Electric Vehicle for which swap was requested.
6. Security Deposit & Non-refundable Fee
- The Customer shall pay a non-refundable fee & a refundable security deposit, varying under each Customer Plan & Specifications, for the due fulfilment of the obligations and undertakings of the Customer under this Agreement.
- The Customer shall pay the Security deposit through the recognized payment gateway/ URL link as notified by the Service Provider.The Security deposit shall be refunded upon termination / expiry of the Agreement, after all dues of the Customer with the Service Provider have been settled, and the obligations hereunder have been discharged.
7. Delivery of Batteries and Member Card to the Customer
- The Service Provider shall deliver the Member card with Electric Vehicle (EV) at the vehicle dealers and Batteries to the Customer at the Battery Swapping Stations, subject to the Customer having deposited and maintaining the Security deposit.
8. Indemnification
- You agree to indemnify and hold Magna Yuma harmless from any claims, damages, or losses arising out of your use of the Battery Swapping Services.
9. Limitation of Liability
- Magna Yuma Private Limited shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Battery Swapping Services.
10. Termination
- Either party may terminate this Agreement upon written notice if the other party breaches any material term of this Agreement.
- Termination of this Agreement may also occur if the customer’s plans or subscriptions are not renewed or if they are terminated as per the terms of the plans or subscriptions.
11. Miscellaneous
- This Agreement constitutes the entire agreement between the parties regarding the Battery Swapping Services and supersedes all prior agreements and understandings.
- Any waiver of any provision of this Agreement will be effective only if in writing and signed by the party against whom the waiver is to be enforced.