In this Agreement, unless the context otherwise requires, the following terms shall have the following meanings:

DEFINITIONS

• “TERMS OF USE” means this document or booklet including all Schedules and Annexure attached hereto, and any subsequent written modifications, amendments, changes, alterations as maybe executed from time to time by “E WORLD ENTERPRISES” only.
• “PERSON” means any individual, sole proprietorship, unincorporated association, body corporate, corporation, company, partnership, limited liability company, joint venture, Governmental Authority, Association of Person, Hindu Undivided Family (HUF), Foreign Company, Liaison Office, Branch office, trust or any other entity or organization;
• "USER" means any person as defined above who shall access or agrees to access the platform or goods or product and/or avail or agrees to avail services through the platform using any device capable of using and sending electronic communication and includes his employees, agents, authorized persons, nominee etc. and also includes a visitor on the platform.
• ‘’PRODUCT’’ means any goods or services as may be provided by E World Enterprises from time to time.
• “PLATFORM” includes the dashboard, website, application, outlet, shop, unit or the Company itself etc. which enables the user or a third party to access the offers, terms and conditions, register himself on the platform etc. as a whole to avail any product or services provided by

  E WORLD ENTERPRISES.

• “CONFIDENTIAL INFORMATION” means all information, data, know-how, intellectual property whether it is technical in nature or not which is disclosed by the Party to the second part.
• “ORDER” means an order placed on or through the platform by a user availing our services.
• “CONTENT” includes but is not limited to reviews, images, photos, audio, videos, location data, product information, details, instructions, strategies, terms and conditions which is uploaded, transmitted, shared in connection with the services provided through the platform or the outlets.
• “GOVERNING LAW” refers to act, rules, regulations as construed and enforced in accordance to legislation and law in India.

TERMS

1. ELIGIBILITY:

The Platform/Product, and by extension, the “E World Enterprises”, are not available to individuals who are minors i.e., persons under the age of 18 (eighteen) years, or to any Users removed by “E World Enterprises” from accessing the Platform for any reason whatsoever. Users represent that they are of legal age to form a binding contract and are not a person barred from receiving, using, availing or accessing the Platform, and by extension, the “E World Enterprises” Services under applicable law.

Any person who is of sound mind, proper age and eligible to form a binding contract shall be eligible to access the platform or the product and avail the services provided through the platform or outlet or by Company.

“E World Enterprises” 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 its own discretion and shall not be bound to provide any reason whatsoever.

2. REGISTRATION:

That every visitor/user/customer who wishes to avail the product or services provided or to be provided by E World Enterprises shall register himself by using the sign in facility provided on the platform.

Further on signing up on the platform it shall be considered as a deemed acceptance to these terms of use (terms and conditions) and privacy policy and every login after any update in the policies, it shall be considered as a deemed acceptance to the updated terms and condition.

After signing up the user shall select the specific plan which he wants to avail and pay the necessary subscription fee as defined below and can access the services provided through the platform. The data available or shared on the domain or site or app or any platform of E World Enterprises doesn’t guarantee you for any financial or monetary benefits and is totally for advertising purposes.

User’s ability to continue using the Platform, E World Enterprises is subject to continued registration on the Platform. User will be required to enter his personal information including name, contact details, valid phone number, email id, gender, address details such as country, pin code/zip code, state, city while registering on the Platform. The user also accepts to receive any OTP as maybe sent for registration verification purposes and for any further operational purposes.

Verification of user details provided to the platform is the responsibility of the user and in no circumstances E World Enterprises platform shall be held liable. If the user provides any information that is untrue, inaccurate, not current or incomplete, or E World Enterprises platform has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate the users account and refuse any and all current or future use of the Platform (or any portion thereof) at any time.

The User agrees to notify E World Enterprises by writing to eonpowercard@gmail.com immediately upon your becoming aware of any unauthorized use of his/her account or any other breach of security involving your account. The company will not be liable for any loss that the user or any other party may incur as a result of someone else’s use of the password or account, either with or without the knowledge of the user.

Any unauthorized use or anyone else using your account shall be deemed to be used by the registered user itself unless and until it has been specifically informed to the company on the email id or any other source of contact as provided on the platform and the registered user shall be liable for any activities carried out in his account

3. USE OF PRODUCT AND SERVICES:

Unless otherwise provided, “E World Enterprises” grants to the User a non-exclusive and non-transferable limited right and license to access the platform. The Product or the Services provided on this platform is for personal use only, provided that the User agrees with and complies fully with the provisions of this Agreement.

Certain features of the Site or Services shall be available only to the users who are registered on the Platform and can differ from device to devices.

In order to enable the necessary alters the user must accept cookies and enable pop-up settings or notifications in order to access the same.

We employ the use of cookies. By accessing https://eonpowercard.com/ , the User has agreed to use cookies in agreement with our Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies and on the basis of your acceptance of these cookies certain advertising partners may use the same for advertising purpose to which you provide an unconditional acceptance.

If the User does not log in directly with his/her email address some services may not be enabled and he/she might not be shown prices of certain products based on the Company’s discretion.

4. SUBSCRIPTION:

The user in order to avail any product/ services provided by E World Enterprises shall be required to pay fees as mentioned for the product/service as instructed/directed by E World Enterprises. It has to be noted that, the price for such goods/services can be updated/modified/reduced or increased based upon the factors and conditions as E World Enterprises may deem fit.

Month shall be considered as a period of 30 days, and 28 days for the month of February.

Year shall be considered as a period of 365 days

6 Months shall be considered as a period of 180 days.

“E World Enterprises” charges fees only for the usage and to have access to the products and the services available on the platform. We do not charge any fees for accessing the platform.

Once the user purchases any product from the platform or otherwise, the service shall begin from the date of payment or the date of installation of the card, whichever is later.

The User acknowledges and understands that the company provides power cards which control sudden fluctuations which might result in energy saving, depending upon the usage and devices, and we do not claim/ guarantee any amount of power being saved or cost being saved.

The User further acknowledges and understands that our products tend to save electricity based upon the size and usage of the household or the commercial/Industrial undertaking. The products may help the user to save up to 30% of electricity energy, provided the product is used as per the terms provided. Further, such reduction in usage shall result into savings in the bill amounts over the period of usage.

Further, for accuracy and transparency, the Company does not provide any guaranteed solution to reduce the electricity bills, and the power cards provided are just for the purpose of reducing the electrical distortion in cables and streamlining electricity waveform, hence is an attempt to save electricity bill amounts.

If any user wishes to terminate the registration and the services or to opt the Money Back Guarantee Scheme, he shall do so subject to the terms and conditions specified elsewhere in this Agreement, more specifically mentioned in the Refund/ Cancellation Policy

Once a user terminates or discontinues his services, he/she will not be able to access the services provided through the platform and shall only be eligible to use the services again after renewing/ re-purchasing the said product.

The service shall be linked with only one account (registered email id and mobile no) and multiple user Id’s shall not be allowed to be registered under a single user.

For each Id the user shall create a separate registration and pay the separate product/ service fees. The user registration shall be non- transferable.

“E World Enterprises” reserves the rights to change the amount of its product fees, the services provided under the fees and can add, reduce any of the services at its own discretion and the user shall have to pay the necessary fees as per the changes made on completion of its existing plan if any.

We also reserve the right to upgrade certain services and bifurcate the products into any number of options. Further the upgradation of service plan during an existing plan shall be allowed on payment of the differential amount, however the downgrading of service plan shall be allowed only after the completion of the existing service plan and in this the user shall inform at least 24 hours before the termination of his existing plan.

5. PROHIBITED ACTIVITIES

The User acknowledges and agrees that he/she will NOT:

• i.Copy, modify, publish, transmit, distribute, transfer or sell, create derivative works of, or in any way exploit, any of the Content accessible through the Site not submitted or provided by you, including by use of any robot, spider, scraper, scripting, deep link, bots, viruses, malware etc. or other similar automated data gathering or extraction tools, program, strategic/systematic or methodology, unless he/she obtains E World Enterprise’s prior written consent; copy, reverse engineer, reverse, assemble, otherwise attempt to discover the source code, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained through the Site or the Services; access the Site or use the Services by any means other than through the means provided or approved interfaces; transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable or which may invade another's right of privacy or publicity;
• ii. Use of the Site and/or the services for any purpose that is unlawful or prohibited by these terms and conditions; use the Site or the Services in any manner that could damage, disable, overburden or impair E World Enterprise’s servers or networks, or interfere with any other user's use and enjoyment of the Site and/or the Services; attempt to gain unauthorized access to any of the Site, Services, accounts, computer systems or networks connected through hacking, password mining, brute force or any other means; obtain or attempt to obtain any Content through any means not intentionally made available as Shared Content through the Site or the Services; or knowingly provide any Content that is false or inaccurate or will become false or inaccurate at any time.
• iii. Use of any third-party services/software/mechanisms/tool/plugins/code injections on E World Enterprises’ website/app or any other services.

6. MONEY BACK GUARANTEE POLICY (MBGP):

• a. This scheme shall only be available in cases where the user has complied to all the terms of use as specified in this Agreement and the company shall not be liable for any refund to any such user who has breached the terms of this Agreement.
• b. The details about the same is detailed mentioned separately in the refund or MBGP policy.

7. ELECTRONIC COMMUNICATIONS:

The User acknowledges and understands that (a) The company can only give the user the benefits of accessing our site and using the Services by conducting business through the Internet, and therefore the company needs the user’s consent in order to conduct Communications (defined below) electronically, and (b) this Section informs the User of his/her rights when receiving Communications from the company electronically.

For contractual purposes, the User:

• (i) consents to receive communications from the Company in an electronic form and
• (ii) agrees that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that the company provides electronically satisfy any legal requirement that such Communications would satisfy if they were in writing.

The User’s consent to receive Communications and do business electronically, and our agreement to do so, applies to all of the user’s interactions and transactions with us. The foregoing does not affect the user’s non-waivable rights. The User further agrees to receive all service communications from E World Enterprises.

The acceptance to terms and conditions electronically shall be deemed to be a written acceptance of the terms and conditions and shall be a binding contract between the User and “E World Enterprises”.

8. INDEMNIFICATION AND LIABILITY:

The User agrees to indemnify, defend, and hold E World Enterprises and its subsidiaries, affiliates, officers, promoters, directors, agents, co-branders, sponsors, distributors, or other partners, employees, consultants and representatives harmless from and against any and all claims, demands, actions, causes of action, damages, losses, costs or expenses (including reasonable attorneys' fees and disbursements) which arise or relate, directly or indirectly, out of, from or to:

• (i) breach of this Agreement or violation of any applicable law or regulation by the User,
• (ii) any allegation that any materials that the user submits to E World Enterprises, infringe, misappropriate, or otherwise violate the copyright, trade secret, trademark or other intellectual property rights, or any other rights of a third party, or
• (iii) access or use of the Site and/or the Services by you or anyone using their account. Users agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, such Users use of the Platform, E World Enterprises, any misrepresentation with respect to the data or information provided by Users in relation to their Account, Users violation of the Terms of Use, or Users violation of any rights of another etc.
• (iv) statements or conduct posted or made publicly available on the sites and/or the services,
• (v) any product or service purchased or obtained through the sites,
• (vi) any damage caused by mistakes, inaccuracies, omissions, errors, interruptions or loss of access to, deletion of, failure to store, failure to back up, or alteration of any content on the sites or the services,
• (vii) any other failure of performance of the site or services or other matter relating to the site and/or the services, in each case whether or not caused by events beyond the control of our directors, officers, employees, contractors, agents or sponsors, including, but not limited to, acts of nature, communications line failure, theft, destruction, or unauthorized access to the site or services or content stored therein.

This Section shall survive in the event this Agreement is terminated for any reason.

9. INTELLECTUAL PROPERTY RIGHTS:

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, formula, strategy, (and any combination thereof), compilations and databases of Accounts and Account details, except any third party software available on the Platform, is owned by E World Enterprises (“E World Enterprises’ Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such E World Enterprises’ Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. Users are not permitted to use E World Enterprises’ Property without the prior written consent of the owners

The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of the Company except any trademark, logos and service marks of third parties available on the Platform. The User shall not be permitted to use the Marks without the prior consent of the Company or such third party as may be applicable.

c. If any User believes that the Platform violates their intellectual property, such User must promptly notify the company by writing to eonpowercard@gmail.com.

These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. Any false claim by a User may result in the termination of such User’s access to the Platform. Users are required to provide the following details in their notice:

• a) The intellectual property that the User believe is being infringed;
• b) The item that the User think is infringing and include sufficient information about where the material is located on the Platform;
• c) A statement that the User believes in good faith that the item the User has identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
• d) The User’s contact details, such as the User’s address, telephone number, and/or email;
• e) A statement that the information provided in the User’s notice is accurate, and that the User is the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed and the User’s physical or electronic signature.

10. LIMITATION OF LIABILITY:

• a. That these terms and conditions set out the full extent of the obligations and liabilities of the Company in respect of the supply of the Products and the performance of any Services.
• b. That there are no warranties, conditions or other terms that are binding on the company except as expressly stated in this Agreement.
• c. That subject to clause ‘e’, the maximum aggregate liability of either party on the other on all claims of any kind under or related to this Agreement, whether in contract, warranty, condition, tort, strict liability, statute, or otherwise, shall be limited to the sum paid against the E-on Power The Electricity Saver Card for the product or service in question. In no event shall all recoveries, whether based on a single claim or on several claims, exceed rupees 999/- i.e., 999rs shall deducted and the balance amount shall be refunded to the consumer.
• d. That subject to clause ‘e’, in no event whether as a result of breach of contract, warranty, condition, tort, strict liability, statute or otherwise shall either party be liable to the other for any special, consequential, incidental, or indirect damages (including lost business profits or revenue, loss of contracts, loss of data, interruption in use, unavailability of data, or the cost of the procurement of substitute goods) or for punitive or exemplary damages. The limitations set forth in clauses ‘b’ and ‘c’ shall not apply to (i) any claim by E World Enterprises against Customer for violation of intellectual property rights, or (ii) for payment of the amount due to E World Enterprises by Customer for Products and Services purchased under the Agreement. The remedies set forth in this agreement will be customer’s sole and exclusive remedies for any claim against E World Enterprises under or related to this agreement. Customer waives and relinquishes any right or claim that might arise out of E World Enterprises’ refusal to accept Customer’s Order.
• e. That nothing in the Agreement shall limit or exclude E World Enterprises’ liability (i) for death or personal injury caused by E World Enterprises’ negligence, (ii) for fraud, (iii) for any breach of the obligations implied by applicable compulsory national laws or (iv) any liability which cannot be excluded by law.
• f. That any warranty, condition or other term concerning the Products or Services which might otherwise be implied into or incorporated in the Contract by statute, common law, laws applicable in the country where Customer purchases the Products or Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) are hereby expressly excluded to the maximum extent permitted by law.

11. OTHER TERMS AND CONDITIONS:

• A. DISPUTE RESOLUTION:
• a) All disputes and differences which shall arise between the User and the Company or between the legal representatives of the user and the Company such disputes and differences shall be resolved in the manner provided in this clause.
• b) The User and the Company also agree that they shall attempt to resolve through good faith consultation, disputes arising in connection with this Agreement, and such consultation shall begin promptly after a Party has delivered to the other Party a written request for such consultation.
• c) Any dispute, which could not be settled by the Parties through amicable settlement (as provided hereinabove), shall be finally settled by arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996. A notice of the intent to refer the dispute to arbitration may be given by a Party to the other Party.
• d) The disputes shall be referred to a tribunal comprising three (3) arbitrators. The Respondent(s) and the Claimant(s) to the arbitration shall have the right to appoint one arbitrator each and the two arbitrators thus appointed shall choose the third arbitrator who will act as a presiding arbitrator of the tribunal (together forming the “Arbitral Tribunal”). In the event of failure by the Respondent(s) and/or the Claimant(s) to appoint their arbitrator(s) or by the two arbitrators appointed by the Respondent(s) and the Claimant(s) respectively to appoint the third arbitrator, the said arbitrator(s) shall be appointed by an Independent Company Secretary or Chartered Accountant in Practice.
• e) Such arbitration shall, unless otherwise agreeable to the Parties, be held at Pune, India. All proceedings of such arbitration shall be in the English language.
• f) The decision(s) of the Arbitral Tribunal shall be final and binding on the Parties.
• B. GOVERNING LAW:

This Agreement shall be a contract under the laws of India and for all purposes shall be governed by and construed and enforced in accordance with the laws of India.

• C. SEVERABILITY:

Any part, provision, representation or warranty of this Agreement which is prohibited or unenforceable or is held to be void or unenforceable in any jurisdiction shall be ineffective, as to such jurisdiction, to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof to the extent permitted by applicable law, the parties hereto waive any provision of law which prohibits or renders void or unenforceable any provision hereof. If the invalidity of any part, provision, representation or warranty of this Agreement shall deprive any party of the economic benefit intended to be conferred by this Agreement, the parties shall negotiate, in goodfaith, to develop a structure the economic effect of which is as close as possible to the economic effect of this Agreement without regard to such invalidity.

If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of this Agreement shall continue in full force and effect.

• D. CONFLICT OF POLICIES:

This Agreement includes, and incorporates by reference, the Privacy Policy and any other rules or policies available on the Platform including all other additional or modified terms and conditions and policies in relation to the Platform or any current or future services that may be offered by the Company. In the event of any conflict between the terms of this Agreement and any provision of the policies and guidelines available on the Platform, the terms of this Agreement shall prevail in relation to the subject matter hereof and the terms of such policies and guidelines shall prevail in relation to the subject matter thereof. You are strongly advised to carefully read all such policies and guidelines, as available on the Platform.

• E. REPRESENTATIONS:

E World Enterprises represents that it does not, at all tamper the Electricity services as provided by the Government Authorities. It further represents that the E-on Power The Electricity Saver Card and any other products as well as services as it may provide in future, result in electricity saving based upon the usage of the consumer and does not contain any type of circuit or any such means that would adversely affect or impair the billing system.

• F. FORCE MAJUERE:

Neither Party shall have any liability under or be deemed to be in breach of this user agreement or the Agreement for any delays or failures in performance of these Terms and Conditions and the Agreement which results from circumstances beyond the reasonable control of that Party such as acts of god, fire, earthquake, tempest, flood, lighting, violence of any army or mob or enemies of the country, pandemics, epidemics, strikes or any other circumstances making it impossible to carry out the obligations under this agreement.