TERMS AND CONDITIONS
These Terms and Conditions constitute a binding legal agreement between each end user (hereinafter referred to as “you” or “your” or “Customer”) and Azhar Engineering, the owner and trademark holder of the brand “Sonik Mobility,” with its registered office at D-81, Hosiery Complex, Industrial Area, Extn, Phase-2, Noida, Uttar Pradesh 201305, India (“Sonik Mobility”), and are applicable each time you access or use the Sonik Mobility mobile application (“Sonik Mobility App”) or a Sonik Mobility EV charger. By accessing or using the Sonik Mobility App, you hereby accept and agree to be bound by this Agreement without any reservations, modifications, additions, or deletions.
Definitions:
In this Agreement, the following terms shall have the respective meanings ascribed to them:
“Agreement” shall mean these terms and conditions for the Sonik Mobility mobile application, namely the Sonik Mobility App.
“Charging Stations” shall mean electric vehicle charging units where you may charge your electric vehicle.
“Charging Session” shall mean the duration between the start and stop of charging an electric vehicle at the Charging Stations.
“Device” refers to the handheld or tablet device capable of accessing the Sonik Mobility App.
“E-Wallet” shall mean a pre-paid account used to store money and transact online on the Sonik Mobility App, which shall be used to make payments.
“Charging Fees” shall mean the fees charged during each applicable Charging Session, which shall be reflected on the Sonik Mobility App.
“Payment Facilitator” shall mean the third-party payment processor/facilitator, namely Razorpay or any other facilitator decided by Sonik Mobility from time to time.
“Promotional Credits” shall mean any referral bonus, cash-back offers, or any other form of credits provided by Sonik Mobility to the Customer.
“Services” shall mean the facilitation of charging service for electric vehicles by Sonik Mobility through the Sonik Mobility App and all other services offered by Sonik Mobility through the Sonik Mobility App.
“Website” shall mean the Sonik Mobility website, namely sonikmobility.com.
Sonik Mobility Services:
Sonik Mobility offers its services to customers at the Charging Stations either owned by Sonik Mobility or by a third party, and the Charging Stations are linked to Sonik Mobility’s network of Charging Stations. The provisions of this Agreement govern your use and access to the services, including the use of Sonik Mobility’s mobile application (“Sonik Mobility App”).
Sonik Mobility grants you a non-exclusive, non-transferable, revocable limited right and license to download, install, and use the Sonik Mobility App solely for your personal use on your own Device. The Sonik Mobility App can be accessed and downloaded from the iOS and Android stores.
When registering on the Sonik Mobility App, you are required to register your mobile number and validate it with a One Time Password sent to your mobile phone. Each mobile number shall be registered separately and constitute a single account. The registered mobile number serves as the key to access and use the Sonik Mobility App, including the network of all Sonik Mobility’s Charging Stations across India.
During the registration process, you must provide a valid email address for communication with Sonik Mobility’s support team and to receive important correspondence.
Payment:
You can pre-recharge your E-Wallet in advance to use Sonik Mobility Services. To recharge your Sonik Mobility E-Wallet, you will need to provide certain information, including your credit/debit card details and the One Time Password received on your registered mobile number.
Sonik Mobility utilizes a Payment Facilitator payment gateway for E-Wallet recharge. The Payment Facilitator is an independent entity, and Sonik Mobility has no control over its operations. Sonik Mobility, its affiliates, group entities, legal representatives, and permitted assignees are not liable for any losses or damages, whether direct or indirect, pecuniary or otherwise, resulting from any errors or failures on the part of the Payment Facilitator.
Sonik Mobility covers the transaction cost incurred by the Payment Facilitator, and you will be credited with the full amount in your E-Wallet.
To initiate and end a Charging Session, you can use the Sonik Mobility App, depending on the charger make and model. Additionally, you may use the Sonik Mobility App to start and stop a Charging Session using the Charge Card.
Sonik Mobility reserves the right to indefinitely suspend your Sonik Mobility account if the conditions outlined in this Agreement or for payment are not met.
The Sonik Mobility App stores the usage history of the Services in terms of charging sessions and transaction details. The charging history serves as the basis for the actual cost incurred for availing the Services on the Sonik Mobility App. You can view your recent transactions on the Sonik Mobility App. For historical transactions, please contact Sonik Mobility customer support at charge@sonikmobility.com.
Equipment and Sonik Mobility Charging Stations:
The charging speed of chargers is influenced by various factors, including the technical specifications of the electric vehicle, weather conditions, the capacity of the vehicle battery charge level, and the Charging Station. The charging speed will be determined by the component with the lowest capacity among these factors. Sonik Mobility cannot guarantee a specific charging duration or minimum impact on the electric vehicle’s charging process.
Instructions on how Sonik Mobility’s Charging Stations are to be used can be found at the Charging Stations or on the Sonik Mobility App.
Charging Fees:
Sonik Mobility App and/or the user interface of the Charging Station/s shall display the Charging Fees charged during each applicable Charging Session. By using the Payment Facilitator at a Charging Station, you agree to pay the Charging Fees disclosed through the Sonik Mobility App or at the Charging Station.
Availability:
Except for scheduled maintenance and downtimes, Sonik Mobility Services are available for Customers around the clock, but the ability to recharge may be limited due to certain reasons, including specific restrictions or inaccessibility of some Charging Stations at certain times. Sonik Mobility shall not be liable for any Charging Station being inaccessible or unavailable due to circumstances beyond their control.
The current availability of Sonik Mobility’s Charging Stations is communicated/visible on the Sonik Mobility App. Sonik Mobility strives to ensure that the Charging Stations in their network are as operational as possible. In the event of a malfunction, Sonik Mobility will promptly rectify the issue. Unavailable or unusable Charging Stations will be indicated on the Sonik Mobility App.
Sonik Mobility reserves the right, without compensation or any liability to the Customer, to modify, restrict access to, or suspend the Services or Charging Station. This may include updates, maintenance, error correction, or circumstances beyond Sonik Mobility’s control, such as force majeure events.
Consumption and Data
Sonik Mobility will save the charging history for each Customer (which includes information such as the electricity consumed, and the duration of Service usage).
Customer personal data will be processed in accordance with applicable data protection laws and Sonik Mobility’s privacy policy available on the Sonik Mobility App.
The Customer agrees that the data associated with their use of the Services and Charging Stations will be processed and stored by Sonik Mobility, its group companies, or partners in compliance with relevant legislation. Third-party vendors may also process the data as required for contract administration and performance, and for purposes such as business and product development, statistics, marketing, customer analysis, and direct marketing (unless the Customer has explicitly opted out of direct marketing through the provided channels).
The Customer acknowledges that the collected data may be processed for product development, statistics, marketing, customer analysis, and direct marketing, based on Sonik Mobility’s legitimate interest, unless the Customer has objected to direct marketing. Data collected will be retained during the Customer’s valid agreement with Sonik Mobility and for the duration necessary to govern the final contractual relationship or comply with legal requirements.
The Customer shall indemnify Sonik Mobility against any claims from third-party individuals whose personal data is recorded or processed by the Customer, unless it can be demonstrated that any claim is solely attributable to Sonik Mobility’s default. The Customer is solely responsible for their data, and Sonik Mobility has no obligation to monitor it. However, Sonik Mobility reserves the right to remove any Customer data that violates applicable laws or the terms of this Agreement.
The Customer is responsible for backing up, securing, and protecting their data. In the event of data loss or corruption, Sonik Mobility will make reasonable efforts to restore from the most recent available backup. However, Sonik Mobility is not obliged to reconstruct Customer data under any circumstances.
The Customer acknowledges and accepts that Sonik Mobility may share Customer data with third parties for Service performance and improvement purposes. Customer data may also be used for anonymized statistical analysis.
Service Warranty; Disclaimer:
Sonik Mobility warrants that the Services will be performed in accordance with Sonik Mobility’s policies, and reasonable efforts will be made to provide such Services.
To the maximum extent permitted by applicable laws, your use and/or access of the Sonik Mobility App or Services is at your sole risk. The Services on the Sonik Mobility App are provided on an “as is” and “as available” basis. Sonik Mobility expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Sonik Mobility makes no warranty that (i) the Services will meet your requirements or expectations, or (ii) the operation of the Services will be uninterrupted, timely, secure, or error-free.
Sonik Mobility is not responsible for any damage resulting from the lack of compatibility between the Customer’s electric vehicle and Charging Station or the use of the Services or Charging Station by the Customer in violation of the current applicable instructions and technical requirements as set forth in this Agreement or provided by Sonik Mobility.
Sonik Mobility is not liable for incidental or consequential damages arising from the Customer’s property or their use of the Services or Charging Station.
The Customer is not entitled to damages due to a Charging Station being closed or out of order.
The Customer is responsible for complying with all guidelines and requirements provided by Sonik Mobility from time to time, including responsibility for the electric vehicle being used in connection with the Services.
The Customer is also responsible for ensuring that the Sonik App is not used or misused by unauthorized persons.
Sonik Mobility reserves the right to immediately block the Customer account if it is abused, if there is a risk of unsafe use, or if unauthorized use is suspected, in order to protect the Customer.
Limitation of Liability:
In no event shall Sonik Mobility be liable to the Customer, including its employees, affiliates, representatives, directors, etc., or any third party for any loss of use, revenue, or profit, or diminution in value, or for any consequential, indirect, incidental, special, exemplary, or punitive damages, whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damages were foreseeable and whether or not Sonik Mobility has been advised of the possibility of such damages. Sonik Mobility shall not be liable for any loss, damage, or claim on account of personal injury or damage to any third party’s property.
In no event shall Sonik Mobility’s aggregate liability arising out of or related to the Agreement, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the total of the amounts received by Sonik Mobility for the Services performed hereunder in the 15 Days preceding the events giving rise to the claim.
Injunctive Relief:
Customer acknowledges that any breach, threatened or actual, of this Agreement will cause irreparable injury to Sonik Mobility. Such injury would not be quantifiable in monetary damages, and Sonik Mobility would not have an adequate remedy at law. Therefore, Sonik Mobility is entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of the Customer’s obligations under any provisions of this Agreement.
Indemnification:
The Customer shall indemnify, defend, and hold harmless Sonik Mobility and its affiliates, officers, directors, employees, agents, service providers, and other consultants (collectively, the “Indemnified Parties”) against any claim, loss, cost, damage, injury, expense (including attorneys’ fees, costs, and expenses), and other liabilities arising out of any claims, demands, suits, or causes of action by third parties arising from or in connection with: (i) the Customer’s use or access of Sonik Mobility’s services or app; (ii) the Customer’s violation or breach of this Agreement; (iii) any loss, damage, or claim on account of personal injury or damage caused to any third party’s property due to the Customer’s misuse of Sonik Mobility services or app; (iv) acts of negligence or misconduct.
Assignment:
The Customer acknowledges that Sonik Mobility may assign or transfer its rights or obligations under this Agreement to a third party, including another company within the same group or another party capable of fulfilling the obligations stated herein
The Customer is not entitled to transfer, assign its rights or obligations, wholly or partially under this Agreement. Any purported assignment in violation of this clause shall be null and void.
Restrictions: In connection with your use of the Services or in your interactions with Sonik Mobility, other users, or third parties, you agree not to:
- Commit a breach of this Agreement or any other agreement or policy that you have agreed to with Sonik Mobility.
- Violate any applicable law or regulation.
- Infringe or attempt to misuse Sonik Mobility’s or any third party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.
- Engage in defamatory, trade libelous, threatening, or harassing behavior.
- Provide false, inaccurate, or misleading information.
Validity:
This Agreement with Sonik Mobility shall remain valid indefinitely. Sonik Mobility reserves the right to terminate your use or access to all or any part of the services provided by Sonik Mobility at any time, with or without cause, and with or without notice, effective immediately. Sonik Mobility also has the right to terminate your use or access to the services with immediate effect if you violate any of the terms of this Agreement or use the services in a manner that breaches the terms of this Agreement or causes harm or damage to Sonik Mobility.
Amendment:
Sonik Mobility has the right to change or update the terms of this Agreement from time to time. You will be notified about such updates or changes through notifications on the Sonik Mobility platform. Your continued use or access of the services after such updates or changes confirms your acceptance and agreement to the updated terms.
Governing Law and Jurisdiction:
This Agreement with Sonik Mobility shall be governed by and interpreted in accordance with the laws of India, without considering the choice or conflicts of law provisions of any jurisdiction. The Customer agrees that any disputes arising in relation to this Agreement, whether in contract or tort or otherwise, shall be submitted to the exclusive jurisdiction of the courts located in Delhi, India for resolution, subject to the Arbitration clause mentioned below.
In the event of any dispute or difference between the Parties, the Parties will make their best efforts to settle the dispute amicably. If a dispute continues and the Parties fail to reach an amicable settlement within 30 days from the date of written notification by either Party, the dispute shall be referred to arbitration. The arbitration shall be conducted in accordance with the provisions of the Arbitration and Conciliation Act,1996 , as applicable in Delhi. The arbitration proceedings shall be conducted in English and held in Delhi. The arbitral award shall be final and binding on both Parties in accordance with the provisions of the Arbitration and Conciliation Act.
Force Majeure:
Sonik Mobility shall not be held liable for any failure to fulfill the Agreement or any term or condition of the Agreement if the fulfillment has been delayed, hindered, or prevented by circumstances beyond its reasonable control, including but not limited to a pandemic, fire, explosion, flood, adverse weather conditions, power supply failure or shortage, network failure, machinery failure, war, acts of terrorism, strikes, lock-outs, or other industrial action or trade dispute (referred to as “Force Majeure Event”).
Severability:
If any provision of this Agreement or portion thereof is found to be unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible to fulfill the intent of the Parties, and the remainder of this Agreement shall continue in full force and effect. The invalidity or unenforceability of any provision in any jurisdiction shall not affect the validity, legality, or enforceability of the remaining provisions of this Agreement in that jurisdiction or the validity, legality, or enforceability of this Agreement, including the invalid or unenforceable provision, in any other jurisdiction. The Parties intend for all rights and obligations under this Agreement to be enforceable to the fullest extent permitted by law.
Order of Precedence:
In case of any conflict, contradiction, or ambiguity between this Agreement and any other terms and conditions of Sonik Mobility, this Agreement shall prevail in relation to the Sonik Mobility App and/or chargers.
Survival:
Notwithstanding anything to the contrary, any rights and obligations that have accrued at the time of the expiration of this Agreement shall survive its expiry. Additionally, any provisions of this Agreement that, by their nature, are intended to survive the termination of this Agreement shall continue to be binding.
