Thank you for choosing 3ev BaaS Enterprise App. We, 3EVI Industries Pvt Ltd, ("Company", "We", "Us", "Our" "3EVI Industries Pvt Ltd" and terms of similar meaning) are happy to make our services available to you.

If you install, use, access 3ev BaaS Enterprise or any of its features, you have read and accepted these Terms of Use. Moreover, continued use of the Website and the App by You constitutes continued expression of consent to be bound by the terms of this privacy policy.

You agree and acknowledge that the 3ev BaaS Enterprise App is only for the usage of 3EVI Industries Pvt Ltd Service Providers ("3EVs") that have been employed by 3EVI Industries Pvt Ltd. You shall delete the 3ev BaaS Enterprise App from all your devices if You cease to be employed by 3EVI Industries Pvt Ltd as an 3ev BaaS Enterprise.

For the purposes of the Terms of Use, You shallbe referred to as "You", "Your" or "Yourself".

These terms of use ("Terms of Use") detail the terms by which You who have downloaded the 3ev BaaS Enterprise App and are interested in providing the 3EVI Industries Pvt Ltd Services (defined below), and accessing the platform 3ev BaaS Enterprise and the mobile application owned and operated by 3EVI Industries Pvt Ltd Sytems Private Limited collectively referred to as, the "Platform" which connects You with 3EVI Industries Pvt Ltd Users for providing 3EVI Industries Pvt Ltd Services and availing services provided by the Platform ("3ev BaaS Enterprise Services").

Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by 3EVI Industries Pvt Ltd at its sole discretion and posted on the Platform from time to time.

As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.

I. 3EVI Industries Pvt Ltd Services

1. The Platform provides users with services ("3EVI Industries Pvt Ltd Services") and facilitates the connection of users ("3EVI Industries Pvt Ltd Users") to the 3EVs in order to do the following:

a. Begin and conclude their day with a selfie taken within their assigned geo-location to ensure they are present at the correct location.

b. Perform checklists by scanning the QR code of the vehicle, facilitating efficient and accurate recording of vehicle status and maintenance needs.

c. Manage SPRO (Service, Parts, and Operations) by assigning them to accounts and vehicles, streamlining the allocation and tracking of resources.

II. 3ev BaaS Enterprise Services

1. You have start and end your day with selfie and for doing that you have to be inside assigned geo-location.

2. Once you start your day then only you can do the other operation on the app.

3. The 3ev BaaS Enterprise shall stay informed about conditions such as bandhs, strikes, disruptions, weather conditions etc that could affect the Service and immediately intimate 3EVI Industries Pvt Ltd.

4. You hereby agree and acknowledge that 3EVI Industries Pvt Ltd shall not be liable for your conduct, acts and omissions in the course of providing 3EVI Industries Pvt Ltd Services, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided by You.

5. You hereby acknowledge that 3EVI Industries Pvt Ltd shall not be liable for any damages of any kind arising from Your provision 3EVI Industries Pvt Ltd Services and availing of the 3ev BaaS Enterprise Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

6. 3EVI Industries Pvt Ltd shall use Your location based information that is captured through global positioning system when. Such location based information shall be used by 3EVI Industries Pvt Ltd only to facilitate and improve the 3EVI Industries Pvt Ltd Services being offered to You.

7. In case You have any complaint with respect to the 3ev BaaS Enterprise Services, You will first inform 3EVI Industries Pvt Ltd in writing within 24 (twenty four) hours of using such 3ev BaaS Enterprise Services.

III. Registration

1. In order to use the Platform and avail the 3EVI Industries Pvt Ltd Services, You will have to register on the Platform and create an account with a unique user identity and password ("Account"). If You are using the Platform on a compatible mobile or tablet, You will have to install the application and then proceed with registration.

2. You shall be permitted to access the Platform, avail the 3EVI Industries Pvt Ltd Services only upon creating an Account on the Platform and obtaining a registration on the Platform. Your ability to continue using the Platform is subject to Your continued registration on the Platform. You will be required to enter the information detailed in the Privacy Policy.

3. As a part of the registration, You may be required to undertake a verification process to verify Your personal information and setting up the Account.

4. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You shall be required to promptly inform 3EVI Industries Pvt Ltd of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that 3EVI Industries Pvt Ltd has not independently verified the information provided by You. 3EVI Industries Pvt Ltd shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, or 3EVI Industries Pvt Ltd  has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 3EVI Industries Pvt Ltd reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.

5. In the case where the Platform is unable to establish unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended.

6. 3EVI Industries Pvt Ltd reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.

7. You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.

8. You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to immediately notify 3EVI Industries Pvt Ltd of any unauthorized use of Your Account information or any other breach of security. 3EVI Industries Pvt Ltd cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by 3EVI Industries Pvt Ltd or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another User’s Account information for using the Platform is expressly prohibited.

IV. Location

You acknowledge and agree that Your geo-location information is required for You to avail the 3ev BaaS Enterprise BaaS Enterprise Services. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, 3EVI Industries Pvt Ltd may share Your geolocation information with the 3EVI Industries Pvt Ltd Users.

V. Cancellation and Refund

1. 3EVI Industries Pvt Ltd shall confirm and initiate the execution of the transaction initiated by You upon receiving confirmation from You for the same. If You wish to cancel a transaction on the Platform, You shall select the cancel option on the Platform. It is to be noted that any cancellation by You shall be recorded by 3EVI Industries Pvt Ltd and may reflect negatively in your performance evaluation.

2. 3EVI Industries Pvt Ltd may cancel the transaction initiated by the 3EVI Industries Pvt Ltd Users on the 3EVI Industries Pvt Ltd Platform, at its discretion.

VI. Eligibility to Use

The 3ev BaaS Enterprise Services are only available to You if You have been employed as an 3ev BaaS Enterprise by 3EVI Industries Pvt Ltd and during your shift.

VII. Representations and Warranties

1. Subject to compliance with the Terms of Use, 3EVI Industries Pvt Ltd grants You a non-exclusive, limited privilege to access and use this Platform.

2. You agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by 3EVI Industries Pvt Ltd, 3EVI Industries Pvt Ltd Users.

3. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and or availing 3ev BaaS Enterprise Services.

4. You represent and warrant that You are legally authorised to view and access the Platform and avail 3ev BaaS Enterprise Services.

5. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. 3EVI Industries Pvt Ltd disclaims all liabilities arising in relation to such offensive content on the Platform.

6. Further, You undertake not to:

● defame, abuse, harass, threaten or otherwise violate the legal rights of others;

● publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;

● do any such thing that may harms minors in any way;

● copy, republish, post, display, translate, transmit, reproduce or distribute any material/confidential data/data/intellectual property of 3EVI Industries Pvt Ltd;

● conduct or forward surveys, contests, pyramid schemes or chain letters; 

● engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);

● attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any 3EVI Industries Pvt Ltd server, or through the Platform, by hacking, password mining or any other illegitimate means;

● probe, scan or test the vulnerability of the Platform or any network connected to the Platform, or breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;

● disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;

● use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;

● use the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of 3EVI Industries Pvt Ltd or other third parties;

● falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

● impersonate any other User, 3ev BaaS Enterprise or any other person;

● violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;

● violate the Terms of Use contained herein or elsewhere;

● threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and

● reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.

7. You agree and acknowledge that the use of the 3ev BaaS Enterprise Services is at Your sole risk and that 3EVI Industries Pvt Ltd disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.

VIII. Intellectual Property Rights

1. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by 3EVI Industries Pvt Ltd and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such material is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use such material without the prior written consent of 3EVI Industries Pvt Ltd.

2. The trademarks, logos and service marks displayed on the Platform are the property of 3EVI Industries Pvt Ltd, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use these without the prior consent of 3EVI Industries Pvt Ltd or such third party as may be applicable.

IX. Disclaimer of Warranties & Liabilities

You expressly understand and agree that, to the maximum extent permitted by applicable law:

1. The Platform and 3ev BaaS Enterprise Services are provided on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, 3EVI Industries Pvt Ltd makes no warranty that (i) the Platform, 3ev BaaS Enterprise Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from 3EVI Industries Pvt Ltd shall create any warranty not expressly stated in the Terms of Use.

2. 3EVI Industries Pvt Ltd will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.

3. 3EVI Industries Pvt Ltd shall not be responsible for the delay or inability to use the Platform, 3ev BaaS Enterprise Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, 3EVI Industries Pvt Ltd shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond 3evi’s control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.

X. Indemnification and Limitation of Liability

1. You acknowledge and agree that 3EVI Industries Pvt Ltd shall not be liable and that You shall be solely responsible for any acts or omissions, or accident, or any claim by any third party, during the provision of the 3EVI Industries Pvt Ltd services, or during the course of employment by 3EVI Industries Pvt Ltd, by the 3ev BaaS Enterprise. Furthermore, 3EVI Industries Pvt Ltd shall not be liable and that the 3ev BaaS Enterprise shall be solely responsible for any acts or omissions or accident, or any claim by any third party, at any other time.

2. You agree to indemnify, defend and hold harmless 3EVI Industries Pvt Ltd and its affiliates including but not limited to its officers, directors, consultants, agents and other employees ("Indemnitees") from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any claims by 3EVI Industries Pvt Ltd Users, breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further and against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, 3ev BaaS Enterprise Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.

3. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or 3EVI Industries Pvt Ltd Services.

4. Your indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or 3ev BaaS Enterprise Services.

5. Subject to applicable laws, in no event will 3EVI Industries Pvt Ltd or its employees’ aggregate liability, arising from or related to the 3ev BaaS Enterprise Services or the use of the Platform shall not exceed INR 100 for any and all causes of actions brought by You or on behalf of You.

 

XI. Release

In the event that You have a dispute with one or more Users, other 3EVs or any third parties, You agree to release 3EVI Industries Pvt Ltd (and Our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other Users, 3EVs or third parties or to Your use of the Platform and the 3EVI Industries Pvt Ltd Services.

XII. Violation of the Terms of Use

You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to 3EVI Industries Pvt Ltd or its affiliates, partners, directors, employees and agents for which monetary damages would be inadequate, and You consent to 3EVI Industries Pvt Ltd or its affiliates, partners, directors, employees and agents obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the 3EVI Industries Pvt Ltd or its affiliates, partners, directors, employees and agents may have at law or in equity. If 3EVI Industries Pvt Ltd or its affiliates, partners, directors, employees and agents takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

XIII. Additional Terms

3EVI Industries Pvt Ltd may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of this Terms of Use, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.

XIV. Link to Third Parties

The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). 3EVI Industries Pvt Ltd shall not be responsible for examining or evaluating such third party websites, and 3EVI Industries Pvt Ltd does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. 3EVI Industries Pvt Ltd does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before You use/access any such third-party websites, You should review the applicable terms of use and policies for such third party websites. If You decide to access any such linked third party website, You do so at Your own risk.

XV. Term and Termination

Term and termination shall be as per your Employment Agreement with 3EVI Industries Pvt Ltd.

XVI. Governing Law and Dispute Resolution

This Agreement shall be interpreted and construed under the laws of India. Parties agrees to submit to the exclusive jurisdiction of the courts of Bangalore in relation to any claim, dispute or difference arising from this Agreement.

XVII. Report Abuse

In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: [info@3evii.com-]

XVIII. Communications

You hereby expressly agree to receive communications by way of SMSs and/or e-mails from 3EVI Industries Pvt Ltd, or other third parties.

XIX. Miscellaneous

1. Amendments: 3EVI Industries Pvt Ltd reserves the unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the "Last Updated" legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.

2. Notice: All notices shall be served by email to Your registered email address or by general notification on the Platform.

3. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. 3evi’s rights under the Terms of Use are freely transferable by 3EVI Industries Pvt Ltd to any third party without the requirement of informing You or seeking Your consent.

4. Severability: If any provision of this Agreement is invalid or unenforceable or prohibited by law, it shall be treated for all purposes as severed from this Agreement and ineffective to the extent of such invalidity or unenforceability, without affecting in any way the remaining provisions hereof, which shall continue to be valid and binding.

5. Waiver: Any failure by 3EVI Industries Pvt Ltd to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by of that provision or right.

6. Entire Agreement: These Terms of Use together with the Privacy Policy. Employment Agreement, SOP  and any other notices, policies and communications published by 3EVI Industries Pvt Ltd on its Platform, and directions issued by 3EVI Industries Pvt Ltd/management shall constitute the entire agreement between You and 3EVI Industries Pvt Ltd concerning its Platform and 3ev BaaS Enterprise Services.