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Terms of Services

OVERVIEW

This website/ Mobile Application is operated by Increminds Pvt. Ltd . Throughout the site, the terms “we”, “us” and “our” refer to Increminds Pvt Ltd. Increminds Pvt Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website/mobile application. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website/mobile application shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GARAGEPLUG USAGE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the GaragePlug, use of the GaragePlug, or access to the GaragePulg or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is our responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per company or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Refund Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

ou agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Increminds Pvt Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Increminds Pvt Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Bangalore, Karnataka

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@increminds.com.

DPA

This Data Protection Addendum (“Addendum“) between GaragePlug Inc. (“GaragePlug/Company”) and the Customer (using services of GaragePlug or as defined in the Agreement) forms part of the GaragePlug Inc. Terms of Use set forth at https://www.garageplug.com/terms-of-use or such other written or electronic agreement incorporating this Addendum, in each case governing Customer’s access to and use of the Services (the “Agreement”).Customer enters into this Addendum on behalf of itself and any Affiliates authorized to use the Services under the Agreement and who have not entered into a separate contractual arrangement with GaragePlug. For the purposes of this Addendum only, and except where otherwise indicated, references to “Customer” shall include Customer and such Affiliates.The Parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Agreement.1.

Definitions
1.1
In this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:
* "Addendum Effective Date" has the meaning given to it in section 2;
* "Affiliate" means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with either Customer or Company (as the context allows), where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise;
* "Customer Personal Data" means any Personal Data Processed by Company (i) on behalf of Customer (including for the sake of clarity, any Customer Affiliate), or (ii) otherwise Processed by Company, in each case pursuant to or in connection with instructions given by Customer in writing, consistent with the Terms;
* "Controller to Processor s" means the Standard Contractual Clauses (processors) for the purposes of Article 26(2) of Directive 95/46/EC set out in Decision 2010/87/EC as the same are revised or updated from time to time by the European Commission;
* "Data Protection Laws" means (i) Directive 95/46/EC and, from May 25, 2018, Regulation (EU) 2016/679 ("GDPR") together with applicable legislation implementing or supplementing the same or otherwise relating to the processing of Personal Data of natural persons, and (ii) to the extent not included in sub-clause (i), the Data Protection Act 1998 of the United Kingdom, as amended from time to time, and including any substantially similar legislation that replaces the DPA 1998;
* "Privacy Shield" means the EU-US Privacy Shield Framework; and
* "Services" means the services to be supplied by Company to Customer or Customer Affiliates pursuant to the Terms.

1.2 The terms "Controller", "Data Subject", "Personal Data", "Personal Data Breach", "Process", "Processor" and “Supervisory Authority” have the same meanings as described in applicable Data Protection Laws, and cognate terms shall be construed accordingly.

1.3 Capitalized terms not otherwise defined in this Addendum shall have the meanings ascribed to them in the Terms.

2. Formation of this Addendum

This Addendum is deemed agreed by the Parties and comes into effect on the date that this Addendum is accepted by Customer and  Company.

3. Roles of the Parties

The Parties acknowledge and agree that with regard to the Processing of Customer Personal Data, and as more fully described in Annex 1 hereto, Customer acts as a Controller and Company acts as a Processor (as defined in section 5.2.4 below).The Parties expressly agree that Customer shall be solely responsible for ensuring timely communications to Customer’s Affiliates or the relevant Controller(s) who receive the Services, insofar as such communications may be required or useful in light of applicable Data Protection Laws to enable Customer’s Affiliates or the relevant Controller(s) to comply with such Laws.

4. Description of Personal Data Processing

In Annex 1 to this Addendum, the Parties have mutually set out their understanding of the details of the Processing of the Customer Personal Data to be Processed, for the purpose and scope of this agreement, by GaragePlug Inc pursuant to this Addendum, as required by Article 28(3) of the GDPR. Either Party may make reasonable amendments to Annex 1 by written notice to the other Party and as reasonably necessary to meet those requirements. Annex 1 does not create any obligation or rights for any Party

5. Data Processing Terms

5.1
Customer shall comply with all applicable Data Protection Laws in connection with the performance of this Addendum. As between the Parties, Customer shall be solely responsible for compliance with applicable Data Protection Laws regarding the collection of and transfer to Company of Customer Personal Data. Customer agrees not to provide Company with any data concerning a natural person’s health, religion, or any special categories of data as defined in Article 9 of the GDPR.

5.2
Company shall comply with all applicable Data Protection Laws in the Processing of Customer Personal Data and Company shall:

* 5.2.1Process the Customer Personal Data relating to the categories of Data Subjects for the purposes of the Terms and for the specific purposes in each case as set out in Annex 1 to this Addendum and otherwise solely on the documented instructions of Customer, for the purposes of providing the Services and as otherwise necessary to perform its obligations under the Terms including with regard to transfers of Customer Personal Data to a third country outside to an international organization; Company shall immediately inform Customer if, in Company’s opinion, an instruction infringes applicable Data Protection Laws;

* 5.2.2 Ensure that persons authorized to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;

* 5.2.3 Implement and maintain the technical and organizational measures set out in the Terms and, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, implement any further appropriate technical and organizational measures necessary to ensure a level of security appropriate to the risk of the Processing of Customer Personal Data as per following:(a) Encryption of Customer Personal Data;(b) Ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services that process Customer Personal Data;(c) Restoring availability and access to Customer Personal Data in a timely manner in the event of a physical or technical incident; and(d) Regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing of the Customer Personal Data.Any amendment to such agreed measures that is necessitated by Customer shall be dealt with via an agreed change control process between Company and Customer;

* 5.2.4 Customer (on behalf of the relevant Controller(s), as applicable), hereby expressly and specifically authorizes GaragePlug Inc to engage another Processor to Process the Customer Personal Data for the purpose of this agreement ("Other Processor"), and specifically the Other Processors listed in Annex 2 hereto, subject to GaragePlug Inc's:

(a) Notifying Customer of any intended changes to its use of Other Processors listed in Annex 2 by emailing notice of the intended change to Customer;

(b) Including data protection obligations in its contract with each Other Processor that are materially the same as those set out in this Addendum; and

(c) Remaining liable to the Customer for any failure by each Other Processor to fulfill its obligations in relation to the Processing of the Customer Personal Data.

In relation to any notice received under section 5.2.4 a., the Customer shall have a period of 30 (thirty) days from the date of the notice to inform Company in writing of any reasonable objection to the use of that Other Processor. The parties will then, for a period of no more than 30 (thirty) days from the date of the Customer's objection, work together in good faith to attempt to find a commercially reasonable solution for the Customer which avoids the use of the objected-to Other Processor. Where no such solution can be found, either Party may (notwithstanding anything to the contrary in the Terms) terminate the relevant Services immediately on written notice to the other Party, without damages, penalty, or indemnification whatsoever;

5.2.5 To the extent legally permissible, promptly notify Customer of any communication from a Data Subject regarding the Processing of Customer Personal Data, or any other communication (including from a Supervisory Authority) relating to any obligation under the applicable Data Protection Laws in respect of the Customer Personal Data and, taking into account the nature of the Processing, assist Customer (or the relevant Controller) by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of Customer’s, Customer’s Affiliates’ or the relevant Controller(s)’ obligation to respond to requests for exercising the data subject's rights laid down in Chapter III GDPR; Customer agrees to pay Company for time and for out of pocket expenses incurred by Company in connection with the performance of its obligations under this Section 5.2.5;

5.2.6 Upon Company’s becoming aware of a Personal Data Breach involving Customer Personal Data, notify Customer without undue delay, of any Personal Data Breach involving Customer Personal Data, such notice to include all information reasonably required by Customer (or the relevant Controller) to comply with its obligations under the applicable Data Protection Laws;

5.2.7 To the extent required by the applicable Data Protection Laws, provide reasonable assistance to Customer, Customer’s Affiliates’ or the relevant Controller(s)’ with its obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of the Processing and information available to Company; Customer agrees to pay Company for time and for out of pocket expenses incurred by Company in connection with any assistance provided in connection with Articles 35 and 36 of the GDPR;

5.2.8 Cease Processing the Customer Personal Data Three (3) months post the termination or expiry of the Terms, and at option of Customer, Customer’s Affiliates or the relevant Controller(s) either return or delete (including by ensuring such data is in non-readable format) all copies of the Customer Personal Data Processed by GaragePlug Inc, unless (and solely to the extent and for such period as) Country law requires storage of the Personal Data. Notwithstanding the foregoing or anything to the contrary contained herein, GaragePlug Inc may retain Personal Data and shall have no obligation to return Personal Data to the extent required by applicable laws or regulations obligations. Any such Personal Data retained shall remain subject to the obligations of confidentiality set forth in the Terms and conditions.

5.2.9 Make available to Customer all information necessary to demonstrate compliance with this Addendum and allow for and contribute to audits, including inspections, by Customer, or an auditor mandated by Customer. For the purposes of demonstrating compliance with this Addendum under section 5.2.9, the Parties agree that once per year during the term of the Terms, Company will provide to Customer, on reasonable notice, responses to cybersecurity and other assessments. Customer agrees to pay Company for time and for out-of-pocket expenses incurred by Company in connection with assistance provided in connection with such audits, responses to cybersecurity, and other assessments.

6. Transfers

Company is certified by Information Security Management as per ISO 27001:2013. Company shall notify Customer in writing without undue delay if it can no longer comply with its obligations under the Privacy compliance, and, in such a case, Company will have the option of (i) promptly taking reasonable steps to remediate any non-compliance with applicable obligations under this Addendum, or (ii) engaging in a good faith dialogue with Customer to determine a new data transfer mechanism to carry out the purposes of the Terms. Company acts as a Processor with respect to Personal Data received pursuant to a data transfer.In the event the Privacy Compliance is invalidated, Customer and each Customer Affiliate (on behalf of the relevant Controller(s), as the case may be), if applicable (as "data exporter") and Company (as "data importer"), with effect from the commencement of the relevant transfer, shall enter into the Controller to Processor SCCs (mutatis mutandis, as the case may be) in respect of any transfer (or onward transfer) from Customer or Customer Affiliate to Company, where such transfer would otherwise be prohibited by applicable Data Protection Laws or by the terms of data transfer agreements put in place to address applicable Data Protection Laws. Appendix 1 to the Controller to Processor SCCs shall be deemed to be prepopulated with the relevant sections of Annex 1 to this Addendum and the processing operations are deemed to be those described in the Terms. Appendix 2 to the Controller to Processor SCCs shall be deemed to be prepopulated with the following "Taking into account state of the art, the costs of implementation and the nature, scope, context, and purposes of processing as well as the risk of the varying likelihood for the rights and freedoms of natural persons, Company shall implement appropriate technical and organizational measures as set forth in the Addendum."

7. Precedence

The provisions of this Addendum are supplemental to the provisions of the Terms. In the event of any inconsistency between the provisions of this Addendum and the provisions of the Terms, the provisions of this Addendum shall prevail.

8. Indemnity

To the extent permissible by law, Customer shall indemnify and hold harmless Company against all (i) losses, (ii) third-party claims, (iii) administrative fines, and (iv) costs and expenses (including without limitation, reasonable legal, investigatory and consultancy fees and expenses) reasonably incurred in relation to (i), (ii) or iii), suffered by Company and that arise from any breach by Customer of this Addendum or of its obligations under applicable Data Protection Laws.

9. Severability

The Parties agree that, if any section or sub-section of this Addendum is held by any court or competent authority to be unlawful or unenforceable, it shall not invalidate or render unenforceable any other section of this Addendum.

10. Others

The organization ensures that the contract to process PII addresses the organization’s role in providing assistance with the customer's obligations.The Agreement considers the following and followsa. Privacy by Design and defaultb. Achieving Security of Processingc. Notification of breaches involving PII to a Supervisory authorityd. Notification of breaches involving PII to Customers and PII Principals,e. Conducting Privacy Impact Assessmentf. Assurance of Assistance by the PII Processors if prior consultations with relevant PII Protection authorities are needed.g. Company shall inform the customer if, in its opinion, a processing instruction infringes applicable legislation or regulation.h. The organization does not use PII processed under a contract for the purposes of Marketing and Advertisingi. Coordinate with Customers to help Audit the systems. The organization provides the customer with the appropriate information so that it can demonstrate compliance with its obligationsj. Company shall use AWS as subprocessors with Security and Privacy requirements full filled.k. The organization shall comply with all statutory and regulatory requirements, ISO 27001:2022, ISO 27701:2019, and EU GDPR requirements.l. The Data shall be deleted, or de-identified after the processing is complete (This is after the retention period selected is complete).m. Company shall inform 24 hours in advance to Customers in case of any legally binding requests for disclosure of PII.n. For Access, Correction, and/or Erasure of the PII of Data subjects can be done by contacting the Data Protection Officer (DPO) below. Also, raising concerns and/or any complaints related with PII that can be done by contacting the Data Protection Officer below:Name: Satish KumarEmail ID: satish@garageplug.com

Annex 1: Description of Processing of Customer Personal Data   

 This Annex includes certain details of the Processing of Customer Personal Data as required by Article 28(3) GDPR and, as applicable, Controller to Processor SCC.

Subject matter and duration of the Processing of the Personal Data
The subject matter and duration of the Processing of the Customer's Personal Data would be during the term of the MSA and for a period of Three (3) months post the termination of this agreement unless otherwise agreed with the Customer in writing.

The nature and purpose of the Processing of Personal Data
In order to facilitate communication, invoicing, and providing services as per the order form, GaragePlug Inc receives identifying Customer Personal Data to permit GaragePlug to query, send to additional data to feed providers, and to store the query information. The purpose of the transfer is to facilitate the performance of the Services more fully described in the Agreement and accompanying order forms.

The categories of Data Subject to whom the Customer's Personal Data relates
Customer’s employees and end consumers of the Customer.

The types of Customer Personal Data to be Processed
Name, Address, Email, Gender, Image, mobile number, Vehicle details

Special categories of data
None

Data exporter (as applicable)
The data exporter is: Customer of GaragePlug Inc that uses the Services

Data importer (as applicable)
The data importer is: GaragePlug Inc

Annex 2: Authorized Other Processors
Processor Description Location
Amazon Web Services Running the Production Environment including the Application and Databases Ireland
Google Workspace Business email services Multi-geography
Sendgrid Email services USA
ZOHO Invoicing solutions/Accounting solution India
Atlassian Work management USA
Sentry Error Alerting USA
Fireflies.Ai Meeting transcriber and recording USA
Razorpay Payment Gateway India
Github Code version control USA
Slack Messaging Multi-geography
Hubspot CRM solution USA
RazorpayX Payroll HRMS India
Crisp Customer Support Germany
Kaleyra SMS services USA
Plivo SMS services Multi-geography
Precise Communications SMS services Multi-geography
Meta Whatsapp messaging APIs USA
Twilio Whatsapp messaging USA
Raven Push notification services USA
Tableau Reporting and Analytics USA
Zoom Online Meeting platform Multi-geography
Facturama e-invoicing Solution USA
Taxilla e-invoicing Solution Multi-geography
Scrut Automation Privacy and Security compliance USA
Quickbooks Accounting Solution Multi-geography
Xero Accounting Solution USA
Oracle Cloud Object Storage KSA
Stripe Invoice Solution USA