(a) THE NIA APPLICATION (the ‘App’) is a mobile
application made available by NIA Limited (“we”,
“us” or “our”) that enables users (“you”,
“your” or “user”) to access to information pertaining to
Sign-up/Login, Finding the Electric Vehicle (EV) Charger location,
Identifying the appropriate charger, Payments & Reviews through the
NIA App (the “Services”).
(b) The platform for the NIA App is
provided by Sharify Services Private Limited having CIN:
U40106UR2020PTC010622 (“STATIQ”).
(c) We are merely acting in our capacity as a passive conduit to
facilitate receiving, transmitting, and delivering information and data
, by transmitting such information and data through means of the
internet.
(d) This is a user agreement between “you”, the potential user of NIA App and “us”.
(a) You hereby agree to read these terms and conditions of use of our
Services (“Terms”) carefully before accessing, downloading, using
or obtaining, information, products or services from our NIA App. By downloading, accessing and/or using the NIA
App, you confirm that you have read, understood and consent to be bound
by the Terms and the Privacy Policy. In the event you are
not able to view our Privacy Policy, please immediately contact us on
the Contact details provided below.
(b) Your use of the NIA App, and the Service offered
through the NIA App is conditioned on your acceptance,
without modification of these Terms and not offered or intended to be
offered outside the territory of the Republic of India.
(c) If you do not accept and agree to all the Terms, then you are not
permitted to access, download or use the NIA App.
(d) By downloading, registering the NIA App you
acknowledge, agree and confirm that:
(a) Use of the NIA App is available only to persons who can
perform legally binding contracts under Indian Contract Act, 1872. If
you are under the age of 18 years or not of appropriate age required for
certain services in your jurisdiction, you shall not register and shall
not access the NIA App or other Services or purchase for
any items on the NIA App. We reserve the right to terminate
your membership and refuse to provide you with access to the Services if
it is brought to our notice or if it is discovered that you are not of
appropriate age and/or do not hold a valid license issued by the
relevant motor vehicle or transport authorities.
(b) The NIA App can only be downloaded on a ‘smartphone’
within the meaning of the Telecom Commercial Communications Customer
Preference Regulations, 2018 as may be amended or replaced from time to
time (“Telecom Regulations”) as notified by the Telecom Regulatory
Authority of India (“TRAI”). We do not undertake to update or provide
the performance of the NIA App on all smartphones or
operating systems.
(c) We may, from time to time, restrict your access to certain features,
functions or content of, or NIA App or other Services
accessible through the NIA App for reasons that are beyond
our control and are equitable to the user who have registered with us
either through their log-in credentials or email address or through
other means of telecommunication including by way of short service
messaging or ‘SMS’ within the meaning of the Telecom Regulations. When
you provide your information or data for registration through the NIA App, such information or data will be retained for a
minimum period of one hundred and eighty days after any cancellation or
withdrawal as the case may be.
(d) You are not obliged to register with us, but if you do not do so,
you will be unable to use applicable features, functions or content of,
or access the Services through the NIA App.
(e) You must ensure that any registration details you provide to us are
accurate. We reserve the right to disable any log-in id, at any time, if
in our opinion you have failed to comply with any of the provisions of
this Terms, or if any details that you provide for the purposes of
registering as a user prove to be inaccurate, false or misleading.
(f) By using the NIA App or other Services, you authorize
us and our agents and affiliates, to access third party sites, including
that of regulated banks and payment gateways in India, designated by
them or on their behalf for retrieving requested information.
(g) While registering, you may have to choose a password and are
responsible for maintaining the confidentiality of the password
(including a one-time-password) and other information or data of your
user account.
(h) You are fully responsible for all activities that occur while using
the password or user account. It is your duty to notify us immediately
of any unauthorized use of your password or account or any other breach
of security. We will not be liable for any loss that may be incurred by
you as a result of unauthorized use of your password or account, either
with or without our knowledge. You shall not use anyone else's password
at any time.
(a) We reserve the right to charge listing fees for certain listings, as
well as transaction fees based on certain completed transactions using
the Services. We further reserve the right to alter any and all fees
from time to time, and we shall notify you about the alteration of fees
on your official email-ID.
(b) You shall be completely responsible for all charges and assessments
arising out of or in connection with the Services.
(c) In case, there is a short charging or under charging by us for
listing, the Services or transaction fee or any other fee or service
because of any technical or other reason, we reserve the right to
collect deduct/charge/appropriate/recover/claim the balance subsequent
to the transaction at our own discretion, whether on our or any other
person’s behalf.
(d) Any increase in the price charged on account of change in rate of
taxes or imposition of new taxes by Government shall have to be borne by
you as the customer.
(e) In the rare possibilities of the reservation / pre-booking, not
getting confirmed for any reason whatsoever, we will attempt to process
the refund and intimate you of the same. Other than processing your
refund, we are not under any obligation to make another booking in lieu
of or to compensate you / replace the unconfirmed one. All subsequent
further bookings will be treated as new transactions with no reference
to the earlier unconfirmed reservation. Below are the terms for our
refund services;
If performance under these Terms by us / user is prevented, restricted or interfered by reasons which are beyond control of us / user and could not have been prevented by reasonable precautions, then we / user shall be excused and discharged from such performance to the extent of and during the period of such force majeure event, and such non-performance shall, in no manner whosoever, amount to a breach by us / user of our obligations herein.
(a) You must access and use the NIA App and the Services
only for legitimate, legal, authorized, and acceptable purposes. Except
to the extent expressly set out in these Terms, you are not allowed (or
assist others) to:
(a) We are committed to protecting the security of your information or
data when shared with us. We use a variety of security technologies and
procedures to help protect your personal data from unauthorized access,
use or disclosure. Further, we have adequate internal policies to
protect and safeguard any personal identifiable information. (our “
Privacy Policy”). Privacy of your information or data
will be subject to the IT Act and IT Rules to the extent applicable or
any other applicable laws. Below is the information and data we may
collect from you for the provision of the Services;
| Personal Information | Collected / Processed | Purpose |
| Name | Yes | For the purposes Sign-up/Login, Authentication, Finding the Electric Vehicle Charger location, Identifying the appropriate charger, Payments & Reviews. |
| Log-In Credentials | Yes | |
| Email-ID | Yes | |
| Location | Yes | |
| Password | Yes | |
| Mobile Number | Yes |
(a) We are licensing you the NIA App in accordance with
these Terms and on an "as is" and "as available" basis. We retain the
ownership of the NIA App at all times. ‘NIA’
is the tradename of the NIA group.
(b) In consideration of you agreeing to abide by these Terms, we grant
you a non – transferrable, non – exclusive license to download, access
and use the NIA App and/or the Services for your own use
being a legitimate purpose and for no other purpose. In particular, we
grant such license to you subject to you agreeing not to:
(a) You expressly understand and agree that your use of the NIA App and/or the Service is at your sole risk and the Service is
provided on an "as is" and "as available" basis.
(b) We, the NIA group and its affiliates, officers, directors,
employees, agents, partners and licensors expressly disclaim all
warranties of any kind, whether express or implied, including, but not
limited to, any implied warranties of user ability, fitness for a
particular purpose, title, non-infringement, and security and accuracy,
course of dealing, or course of performance.
(c) We make no representations and do not warrant to you that the NIA App and/or the Services:
(a) General Indemnity: You agree to defend, indemnify, and hold us, the NIA group and its affiliates, officers, directors, employees, agents, partners and licensors and each of our officers, directors, employees and agents, (“Indemnified Persons”) harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following:
(a) Subject to these Terms and to the extent permitted by law, our
maximum aggregate liability to you arising out of or in connection with
these Terms or your access to, use of, or inability to access or use,
the NIA App and/or the Services shall be limited to Indian
Rupees 500/- only.
(b) You confirm that you have read the manual of your electric vehicle.
Save for any negligence, mistake or misconduct on your part, nothing in
these Terms shall limit or exclude
(a) We may terminate these Terms without cause and without prior notice,
if we choose to discontinue the NIA App and/or the
Services.
(b) All rights granted to you under these Terms will terminate
immediately in the event that you are in breach of any of these Terms.
(c) Without prejudice to the other remedies available to us under these
Terms, or under applicable law, we may limit your activity, warn other
users of your actions, immediately temporarily/indefinitely suspend or
terminate your registration, and/or refuse to provide you with access to
the NIA App and/or the Services if:
(a) Governing Law and Jurisdiction: The laws of India, without regard to
its conflicts of law provisions, shall govern these Terms and its
performance. Without prejudice to our right to arbitrate, you consent
and submit to the exclusive jurisdiction of the courts located at Delhi,
India.
(b) Alternate Dispute Resolution Mechanism: All disputes and differences
arising out of or in connection with these Terms, use of the NIA App and/or the Services shall be referred to the sole arbitration
of a person of repute to be appointed by us. The seat of the arbitration
shall be Delhi and the arbitration shall be conducted in English. The
award of the arbitrator so appointed shall be final and binding on the
parties. The Arbitration and Conciliation Act, 1996, as amended from
time to time, shall be applicable to such arbitration. You accept the
appointment of the sole arbitrator by us and irrevocably waive any
objection to the same.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.
You may not assign any of your rights arising under these Terms without our prior written consent.
(a) Support inquiries may be directed to enm.helpdesk@niairport.in, or at
the address mentioned below.
(b) General inquiries may be sent to the following contact or address: