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+<html lang="en">
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+<head>
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+ <meta charset="UTF-8">
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+ <meta name="viewport" content="width=device-width,initial-scale=1,maximum-scale=1,user-scalable=no">
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+ <title>Term Of Use</title>
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+</head>
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+<body style="padding: 0 12px; zoom: .8;">
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+<h4>ChargEco Solution Terms of Use</h4>
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+<h4>Last Updated: 3 Jan 2023.</h4>
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+<h4>STRIDES YTL PTE LTD ("ChargEco", “we”, “us”, “our”) provides the ChargEco solution, comprising:</h4>
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+<p>(a) our charging stations and related equipment ("Charging Stations");</p>
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+<p>(b) website and mobile application ("App"); and</p>
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+<p>(c) all features, functionality, services, products and other services provided through the App, including the
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+ charging services ("Services"), which allow users to charge their electric (including but not limited to both
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+ battery electric and plug-in hybrid electric) vehicles (together, the "Solution"). When we use “you”, “your” or
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+ "User", we refer to anyone who accesses or uses our Solution.</p>
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+<p>This page sets out the terms of use for the Solution (“Terms”). These Terms are important because they describe:</p>
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+<p>· the rules to be followed when using the Solution;</p>
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+<p>· the terms and conditions that apply to the charges for using the Solution; and</p>
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+<p>· how to resolve any disputes that may arise from your use of the Solution.</p>
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+
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+<h4>PLEASE READ THESE TERMS CAREFULLY.</h4>
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+<p>These Terms and the documents referred to in them govern your use of the Solution and constitute a legally binding
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+ agreement between you and ChargEco. If you do not agree to any part of these Terms, you should stop using the
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+ Solution immediately.</p>
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+<p>ChargEco may amend these Terms at any time. Such amendments shall be effective once they are posted on the App. It is
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+ your responsibility to review the Terms regularly. Your continued use of the Solution after any such amendments,
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+ whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.</p>
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+<p>If you have any questions, comments, complaints or claims with respect to our Solution or these Terms, you may
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+ contact us at the contact information as made available in the App from time to time.</p>
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+<p>· Part A: User Accounts</p>
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+<p>· Part B: Solution and Services Terms</p>
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+<p>· Part C: App Terms</p>
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+<p>· Part D: Charging Stations</p>
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+<p>· Part E: ChargEco Credits</p>
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+<p>· Part F: Subscriptions</p>
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+<p>· Part G: ChargEco Fleet</p>
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+<p>· Part H: General Terms</p>
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+
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+<h4>PART A: USER ACCOUNTS</h4>
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+<h4>ACCOUNT REGISTRATION AND DETAILS</h4>
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+<p>1.1 In order to use the Solution, you must register for a personal account with us (“Account”). In order to register
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+ for an Account, you will need to provide ChargEco with certain personal data via the App or such other means as
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+ ChargEco may permit, including: (a) your full name; (b) your address; (c) your email address; (d) your mobile phone
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+ number; (e) the car plate number of your electric vehicle; and (f) any other information that ChargEco may from time
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+ to time require.</p>
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+<p>1.2 You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18),
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+ to obtain an Account and use the Solution.</p>
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+<p>1.3 Your Account cannot be assigned or transferred to another person. You agree not to register and/or maintain more
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+ than one Account at the same time, unless otherwise permitted by ChargEco in writing. Where duplicate Accounts are
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+ detected in relation to one User, ChargEco may close or merge these duplicate Accounts without prior notification to
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+ you.</p>
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+<p>1.4 When you register an Account with us, you agree to provide us with true, current, and complete information during
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+ registration. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to
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+ maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment
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+ method on file, may result in additional fees and/or your inability to access or use the Solution.</p>
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+
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+<h4>ACCOUNT SECURITY AND ACTIVITY</h4>
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+<p>2.1 You agree to maintain the security and confidentiality of your Account log-in details at all times. You may not
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+ authorize third parties to use your Account. If you become aware that the security or confidentiality of your
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+ Account log-in details have been compromised (including any loss, theft, breach of security, or unauthorised
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+ disclosure or use) and/or there has been unauthorised use of your Account, you must immediately notify ChargEco via
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+ the contact information as made available in the App from time to time. You agree to be liable for any and all
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+ charges incurred due to usage of the compromised Account until ChargEco has been notified. You acknowledge and agree
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+ that ChargEco requires a minimum of 7 working days to investigate any such notifications relating to compromised
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+ Accounts.</p>
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+<p>2.2 ChargEco monitors all Account usage for fraud, misuse and to detect any breach of these Terms.</p>
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+<p>2.3 You are responsible for all activity under and instructions to ChargEco issued from your Account, including any
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+ charges or fees incurred for the use of the Solution. ChargEco shall be entitled to consider any person who gains
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+ access to the Solution using your Account log-in details as an individual acting upon your authorisation, without
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+ any further inquiry or investigation. Where applicable, references to your use and/or access of the Solution shall
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+ be deemed to include the use and/or access of the Solution by an individual authorised by you. Notwithstanding this,
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+ ChargEco shall be entitled at our own discretion to decline to act or refrain from acting promptly upon any
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+ instructions from your Account and to investigate or verify the authenticity, the authority or the identity of such
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+ persons effecting the instructions or the authenticity, accuracy and completeness of the instruction.
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+ ChargEco may at our discretion refuse to comply with any instruction from your Account if the instruction is
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+ ambiguous or conflicting, incomplete or inaccurate.
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+</p>
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+<p>2.4 ChargEco shall not be liable or responsible for any damage, expense or loss of any kind suffered directly or
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+ indirectly by you as a result of any loss, disclosure, theft and/or unauthorised use of your Account.</p>
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+
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+<h4>TERMINATION OR SUSPENSION OF YOUR ACCOUNT</h4>
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+<p>3.1 We reserve the right to terminate or suspend your Account at any time for any reason without prior notice to You,
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+ including where we have reasons to suspect that your Account is being used fraudulently or in breach of these Terms
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+ or if you have notified us that your security of your Account credentials has been compromised in any way.</p>
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+<p>3.2 If you wish to terminate your Account, please contact us at the contact information as made available in the App
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+ from time to time for assistance.</p>
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+
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+<h4>Part B: SOLUTION AND SERVICES TERM</h4>
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+<h4>USE OF THE SOLUTION</h4>
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+<p>4.1 To access the Solution, you must have internet access, a compatible mobile device with the App installed, and
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+ provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment
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+ permitted by the App, as may be updated from time to time, and which may include payment through your Account with a
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+ third party.</p>
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+<p>4.2 Subject to your registration for and maintenance of an active Account, we hereby grant you a personal, limited,
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+ non-exclusive, non-transferable, non-sublicensable right to access the Solution and receive the Services in
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+ accordance with these Terms. Any rights not expressly granted in these Terms are reserved by ChargEco.</p>
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+<p>4.3 Unless otherwise agreed to in writing, the Solution is provided for your personal use only and shall not be used
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+ in connection with the conduct of any commercial enterprise or for financial gain, including but not limited to any
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+ direct or indirect resale of all or any part of the Services.</p>
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+<p>4.4 As a condition of your access to and use of the Solution, you must not use the Solution in any manner:</p>
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+<p> 4.4.1 that may infringe any applicable law or regulation or any third party's rights, including intellectual
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+ property
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+ rights or proprietary rights;</p>
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+<p> 4.4.2 that could cause harm, nuisance, annoyance, inconvenience, damage or adversely affect any person or
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+ ChargEco’s
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+ reputation or property, including but not limited to the Charging Stations;</p>
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+<p> 4.4.3 that jeopardises or impairs, or is reasonably likely to jeopardise or impair, the operation of all or any
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+ part
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+ of the Solution, and</p>
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+<p> 4.4.4 that is prohibited by these Terms.</p>
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+
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+<h4>USER CHARGES AND PRICING</h4>
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+<p>5.1 You understand that your use of the Services may result in charges to you for the services or goods you receive
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+ (“User Charges”). Details of Services, pricing for such Services, and any supplemental terms offered by ChargEco
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+ will be displayed to you in the App.</p>
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+<p>5.2 ChargEco may from time to time provide certain Users with promotional offers and discounts that may result in
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+ different amounts charged for the same or similar Services, and you agree that such promotional offers and
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+ discounts, unless also made available to you, shall have no bearing on your use of the Services or the User Charges
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+ applied to you. You acknowledge and agree that any such promotional offers and discounts offered to you can only be
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+ consumed by you and you will not authorize, enable or facilitate any third party to use or take advantage of any
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+ such promotional offers and/or discounts. </p>
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+<p>5.3 You acknowledge and agree that the records maintained by or on behalf of ChargEco relating to your usage and
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+ receipt of the Services, including the duration of any Charging Session and the relevant electricity usage of such
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+ Charging Session, are final and binding on you in respect of any calculation of your User Charges. A “Charging
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+ Session” refers to a session during which you use a Charging Station, which commences when electricity starts to
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+ flow through the Charging Station and ends when charging completes or when charging is stopped by you or for any
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+ reason whatsoever.</p>
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+
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+<h4>PAYMENT TERMS</h4>
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+<p>6.1 You must make full payment of all User Charges for all Services received by you through one of the available
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+ Payment Methods, which may include a credit card, a debit card, the ChargEco Credits, alternative e-wallets or such
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+ other methods as are made available in the App from time to time. Any payment pursuant to your selected Payment
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+ Method is non-refundable and irrevocable. All User Charges applicable to a Charging Session will be immediately due
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+ at the end of such Charging Session.</p>
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+<p>6.2 The User Charges may be subject to taxes, duties, levies, premiums, fees, additional charges and other
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+ assessments of any kind ("Taxes"), which shall be payable by you in addition to the User Charges. Where any such
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+ Taxes apply, ChargEco will display such amounts together with the User Charges in the App as required by applicable
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+ law. The User Charges and Taxes shall be rounded to the nearest cent.</p>
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+<p>6.3 Where you make payment through the App, you acknowledge and agree that your personal data may be disclosed by
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+ ChargEco to third parties (located within and outside of Singapore) for the purpose of processing such payment
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+ transaction, including but not limited to debit and credit card companies, banks and payment gateways.</p>
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+
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+<h4>SERVICES</h4>
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+<p>7.1 You acknowledge that ChargEco has absolute management and control over all matters relating to the Services,
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+ which are provided via the Solution at ChargEco’s sole discretion. Without prejudice to the foregoing, you agree
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+ that ChargEco has sole discretion to determine the manner in which the Services are provided to you, including but
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+ not limited to the means, methods, sequences and procedures with respect to the operation, use and availability of
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+ the Charging Stations and ChargEco’s activities and operations in relation to the Charging Stations, the number,
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+ types, makes, models, quality, brands and locations of the Charging Stations, and the removal, replacement,
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+ installation and configuration of each Charging Station. ChargEco will use its reasonable efforts to make available
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+ information relating to the location and availability of the Charging Stations to you via the App.</p>
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+<p>7.2 You acknowledge that ChargEco has the right to amend, withdraw or suspend the Services at any time without notice
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+ to you.</p>
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+
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+<h4>PART C: APP TERMS</h4>
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+<h4>APP AND CONTENT</h4>
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+<p>8.1 The App provides information regarding your Account and Charging Stations, as well as general access to utilize
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+ the Services, including starting and ending any Charging Session. Subject to your compliance with these Terms,
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+ ChargEco grants you a personal, limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to:
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+ (a) access and use the App solely in connection with your use of the Solution; and (b) access and use any content,
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+ information and related materials that may be made available through the App ("Content"), solely for your personal,
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+ non-commercial use.</p>
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+<p>8.2 The Content is only for general information or use. It does not constitute advice and should not be relied upon
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+ in making (or refraining from making) any decision. No oral advice or written information given through the App by
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+ ChargEco or its officers, directors, employees, agents, third party service providers or third-party content
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+ providers, shall create any warranty nor shall you rely on any such information or advice.</p>
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+<p>8.3 You acknowledge and agree that ChargEco may modify the App in any way and at any time, with or without notice.
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+ You further acknowledge and agree that, while ChargEco has attempted to provide accurate information on the App,
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+ such information may change frequently and in no event will ChargEco be responsible for the accuracy, timeliness,
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+ reliability, usefulness or completeness of any Content, or that any such Content is the most up-to date. ChargEco
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+ does not represent or warrant that the App will be error-free, free of viruses or other harmful components.</p>
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+
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+<h4>APP USE RESTRICTIONS</h4>
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+<p>9.1 You will not use the App for any purpose that is unlawful or prohibited by these Terms, or for any other purpose
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+ not reasonably intended by us. By way of example, and not as a limitation, you agree not to:</p>
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+<p> 9.1.1 pass off or attempt to pass off the App as the product of anyone other than ChargEco, including removing,
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+ altering or replacing any notices of authorship, trademarks, business names, logos or other designations of
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+ origin;</p>
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+<p> 9.1.2 reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell,
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+ transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App except as
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+ expressly permitted by ChargEco;</p>
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+<p> 9.1.3 disassemble, reverse engineer, decompile or modify any software or application contained in or available
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+ on our App in whole or in part except as may be permitted by applicable law, or otherwise attempt to obtain or
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+ access the source code of our App;
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+</p>
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+<p> 9.1.4 link to, mirror or frame any portion of the App;</p>
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+<p> 9.1.5 create false, fraudulent or speculative Charging Sessions through the App;</p>
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+<p> 9.1.6 cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise
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+ data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect
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+ of the App;</p>
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+<p> 9.1.7 violate the security of any network, including cracking passwords or encryption codes, transferring or
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+ storing any illegal material, or otherwise obtaining the password, account or private information from any other
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+ user of our App;</p>
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+<p> 9.1.8 obtain or attempt to obtain unauthorised access, via whatever means, to any of ChargEco’s systems;</p>
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+<p> 9.1.9 interfere with or disrupt our App, or servers or networks connected to our Solution, including running or
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+ activating processes on our App that interfere with their proper working or place an unreasonable load on our
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+ Solution's infrastructure;</p>
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+<p> 9.1.10 abuse, harass, threaten, impersonate or intimidate anyone;</p>
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+<p> 9.1.11 post or transmit, or cause to be posted or transmitted, malicious content including malware, Trojan
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+ horses, or viruses, or otherwise interfere with any user’s access to our App;</p>
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+<p> 9.1.12 infringe any rights of any third party, including intellectual property rights or proprietary rights;
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+ and</p>
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+<p> 9.1.13 infringe any applicable law, statute, ordinance or regulation.</p>
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+
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+<h4>REVIEWS AND USER SUBMISSION</h4>
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+<p>10.1 To the extent that our App allows you to post, upload, transmit or otherwise make available any Content (“User
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+ Content”), you agree that:</p>
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+<p> 10.1.1 you are solely responsible for the User Content that you upload and you represent and warrant that you
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+ will not share anything that would infringe any rights of any third party, including intellectual property rights or
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+ proprietary rights;</p>
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+<p> 10.1.2 although all intellectual property rights subsisting in any User Content will be owned by you or your
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+ licensors and you are always free to share your User Content with anyone else, you hereby grant us and our
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+ affiliates a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to host, use,
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+ reproduce both electronically or otherwise, publicly display, distribute, modify, adapt, public, translate and
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+ creative derivative works from any and all such User Content (in accordance with our Privacy Policy, including
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+ without limitation for the purposes of advertising and marketing our Solution; and</p>
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+<p> 10.1.3 we are under no obligation to store, retain, publish or make available any User Content uploaded by you
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+ and that you will be responsible for creating backups of any User Content if necessary.</p>
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+<p>10.2 For the avoidance of doubt, we reserve the right to remove User Content which, in our opinion, are in violation
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+ of these Terms or any applicable law.</p>
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+
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+<h4>THIRD PARTY LINKS</h4>
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+<p>11.1 Certain links on the App may lead to websites, services, social media channels or apps not operated by or under
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+ the control of ChargEco ("Third Party Links"). Third Party Links are provided as a convenience to you as a user of
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+ our App, and do not imply the endorsement by us of any information, products, advertising or other materials that
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+ can be found on those Third Party Links. You access such Third Party Links at your own risk and ChargEco accepts no
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+ responsibility or liability for any damage caused or alleged to be caused by or in connection with the use of the
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+ material or functions contained on those Third Party Links.</p>
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+<p>11.2 You represent and warrant that you have read and agree to be bound by all applicable policies of these Third
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+ Party Links, whether relating to your use of our Solution or otherwise, and that you will act in accordance with
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+ those policies, in addition to your obligations under these Terms. Your interactions with these third parties,
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+ including but not limited to the purchasing of goods or services, and any other terms, conditions, warranties or
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+ representations associated with such dealings, are solely between you and the third parties. You should conduct
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+ whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction
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+ with any of these third parties.</p>
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+
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+<h4>COMPATIBLE DEVICES</h4>
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+<p>12.1 ChargEco shall in no event be liable to you if you do not have a device which is compatible with the software of
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+ the App or if you have downloaded the wrong version of the App. ChargEco reserves the right not to permit you to
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+ access and/or use the App should the App be incompatible with your device.</p>
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+
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+<h4>PART D: CHARGING STATIONS</h4>
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+<h4>HOST LOCATION, PARKING FEES AND RULES</h4>
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+<p>13.1 Charging Stations may be located and hosted on a third party’s property (any such third party, a “Host”). As
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+ such, you agree to observe and obey any and all rules set by Hosts pertaining to their property and the use of the
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+ Charging Stations, including, but not limited to, general customer or visitor conduct, parking restrictions and
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+ charges, parking time limitations, hours of operation, parking within designated lots only in order to make use of
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+ the Charging Stations. You are solely responsible for any damage, fees, penalties or loss, including any fines or
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+ penalties imposed by the relevant parking enforcement authority and any immobilisation, clamping or removal of your
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+ car, caused by your noncompliance of any Host rules.</p>
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+<p>13.2 Where a Charging Station is located in a car park or any other restricted area, you may be required to pay
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+ separate access and/or parking fees to the Host for access to such Charging Station, in addition to the User
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+ Charges.</p>
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+<p>13.3 At the end of each Charging Session, you must promptly remove your vehicle from the parking lot assigned to the
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+ relevant Charging Point. ChargEco reserves the right to impose additional fees for any failure to remove your
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+ vehicle promptly or after a designated grace period, from the assigned parking lot at the end of a Charging
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+ Session.</p>
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+<p>13.4 In accordance with our Privacy Policy, you consent to ChargEco disclosing your personal data, including your
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+ name and the car plate number of your electric vehicle to third parties such as local enforcement agencies and
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+ Hosts, where you do not comply with clause 13.3</p>
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+
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+<h4>USE OF CHARGING STATION</h4>
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+<p>14.1 You must follow all instructions provided to Users in relation to the use of a Charging Station, including but
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+ not limited to those set out in these Terms and all documents referred to in them, and also instructions displayed
|
|
|
+ at the Charging Station. It is your responsibility to ensure that your use of the Charging Station is carried out
|
|
|
+ safely so as to avoid injury to any person or damage to property. Please refer to the FAQs in the App for
|
|
|
+ instructions on how to use the Charging Station. Please contact us via the contact information made available in the
|
|
|
+ App from time to time if you have any queries.</p>
|
|
|
+<p>14.2 You shall not attempt to repair, physically modify, impair, interfere with, gain unauthorised access to, reverse
|
|
|
+ engineer or derive source code from any Charging Station. You acknowledge and agree that the manufacturer of all
|
|
|
+ Charging Station equipment has reserved all right, title, and interest in and to intellectual property associated
|
|
|
+ with the Charging Station equipment and that you shall take no action that would cause, or by inaction permit, any
|
|
|
+ impairment of any right, title, and interest of the manufacturer in such intellectual property and to otherwise
|
|
|
+ respect the legal rights of the manufacturer. You acknowledge that your use of the Charging Station is solely at
|
|
|
+ your own risk.</p>
|
|
|
+<p>14.3 You will be responsible for any damage caused to a Charging Station, any other property or for any injury to any
|
|
|
+ person which is caused by your breach of these Terms or by your misuse or negligence or failure to comply with any
|
|
|
+ instructions or guidance from ChargEco in relation to a Charging Station. You must immediately notify us of any
|
|
|
+ damage caused to a Charging Station via the contact information as made available in the App from time to time.</p>
|
|
|
+<p>14.4 As a condition of your access and use of the Charging Stations, you must not:</p>
|
|
|
+<p> 14.4.1 dishonestly or fraudulently extract, use, consume or divert or cause to be diverted, any electricity
|
|
|
+ flowing through a Charging Station; and</p>
|
|
|
+<p> 14.4.2 alter or tamper with any metering equipment or any other device forming part of any Charging Station or
|
|
|
+ used in connection with the Services.</p>
|
|
|
+
|
|
|
+<h4>SMART CHARGING</h4>
|
|
|
+<p>15.1 You acknowledge and agree that any power rating (kW) displayed directly or through the App at a Charging Station
|
|
|
+ and/or Charging Point is an indication of the maximum possible power output of such Charging Station or Charging
|
|
|
+ Point, as the case may be, and does not represent in any way that the power output will be or will be maintained at
|
|
|
+ such rating for the entire duration of any Charging Session.</p>
|
|
|
+<p>15.2 You acknowledge and agree that ChargEco reserves the right always to adjust the power output of each Charging
|
|
|
+ Station and Charging Point at any time, including during a Charging Session, for any reason whatsoever, including to
|
|
|
+ optimise the power load capacity or provide smart charging services without the need to provide you with any prior
|
|
|
+ notice.</p>
|
|
|
+<p>15.3 Without prejudice to the generality of clause 24.1, ChargEco shall not in any event be liable to you or any
|
|
|
+ third party for any damages, losses, expenses, penalties or costs whatsoever (including without limitation, any
|
|
|
+ direct, indirect, special, incidental or consequential damages, loss of actual or anticipated income and profits,
|
|
|
+ opportunity and loss of data) arising out of or in connection with the exercise of its rights under clause 15.2 to
|
|
|
+ adjust the power output.</p>
|
|
|
+
|
|
|
+<h4>PART E: ChargEco CREDITS</h4>
|
|
|
+<h4>USE OF ChargEco CREDITS</h4>
|
|
|
+<p>16.1 You may purchase ChargEco Credits to fund your usage of the Services. You may choose to purchase ChargEco
|
|
|
+ Credits through any credit cards, debit cards, PAYNOW or such other methods as are made available in the App (each a
|
|
|
+ “Funding Source”).</p>
|
|
|
+<p>16.2 You agree that we may verify and authorize the Funding Source details when you first register the Funding Source
|
|
|
+ with us as well as when you purchase ChargEco Credits. In the case of debit or credit cards as Funding Sources, you
|
|
|
+ agree that we may issue a reasonable authorization hold, which is not an actual charge against your card, in order
|
|
|
+ to verify your Payment Method via your card. The hold may appear in your statement as “pending”. The authorization
|
|
|
+ hold is issued as a preventive measure against any unauthorized or fraudulent usage of your card.</p>
|
|
|
+<p>16.3 You agree that ChargEco has the right to impose additional charges for your use of certain Funding Sources and
|
|
|
+ you will be liable for any applicable additional charges imposed.</p>
|
|
|
+<p>16.4 You shall be responsible to resolve any disputes with your debit or credit card company, or your bank in
|
|
|
+ relation to ChargEco Credits on your own. ChargEco shall not be responsible for any such lost or misdirected
|
|
|
+ payments.</p>
|
|
|
+<p>16.5 When you select the ChargEco Credits as your Payment Method in respect of the User Charges, you authorise
|
|
|
+ ChargEco to deduct the relevant User Charges from the available ChargEco Credits in your Account.
|
|
|
+ If you have selected the ChargEco Credits as your Payment Method, you acknowledge that ChargEco reserves the right
|
|
|
+ to deny the Services to you, including preventing any Charging Session from starting, if your ChargEco Credit
|
|
|
+ balance falls below the prevailing minimum prescribed balance as determined by ChargEco from time to time. You also
|
|
|
+ acknowledge that if the ChargEco Credit balance in your Account falls to zero or a level very close to zero during
|
|
|
+ any Charging Session, the Charging Session will immediately terminate.
|
|
|
+</p>
|
|
|
+<p>16.6 ChargEco Credits may only be used for making purchases of the Services. The ChargEco Credits may not be
|
|
|
+ exchanged for cash or credit balance unless required by law and may not be transferred to any other user.</p>
|
|
|
+
|
|
|
+<h4>FRAUDULENT ACTIVITY</h4>
|
|
|
+<p>17.1 You agree to immediately notify us via the contact information made available on the App from time to time if
|
|
|
+ you become aware of any fraudulent activity or theft of funds relating to the ChargEco Credits. We have the right to
|
|
|
+ suspend, or later reverse, the processing of any transaction where we reasonably believe that the transaction may be
|
|
|
+ fraudulent, illegal or involves any criminal activity or where we reasonably believe that you are in breach of these
|
|
|
+ Terms.</p>
|
|
|
+
|
|
|
+<h4>PART F: GENERAL TERMS</h4>
|
|
|
+<h4>INTELLECTUAL PROPERTY</h4>
|
|
|
+<p>18.1 As between you and ChargEco, all intellectual property rights in and to the Solution shall be absolutely owned
|
|
|
+ by ChargEco for the full duration of all such rights and all throughout the world. Unless otherwise expressly stated
|
|
|
+ in these Terms, no licence or right is granted and the User’s access to and/or use of the Solution should not be
|
|
|
+ construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property
|
|
|
+ rights in any part of the Solution without the prior written consent of ChargEco or its licensors.</p>
|
|
|
+
|
|
|
+<h4>DATA PROTECTION</h4>
|
|
|
+<p>19.1 For information regarding our treatment of your personal data, please review our current Privacy Policy, which
|
|
|
+ is incorporated by reference into these Terms. Your acceptance of these Terms constitutes acceptance and agreement
|
|
|
+ to our collection, use and disclosure of your personal data in accordance with our Privacy Policy, as may be updated
|
|
|
+ and/or amended from time to time.</p>
|
|
|
+
|
|
|
+<h4>ELECTRONIC COMMUNICATIONS</h4>
|
|
|
+<p>20.1 When you access and/or use the Solution or communicate with us through email or the App, you are communicating
|
|
|
+ with ChargEco electronically. You consent to receive communications from us electronically. We will communicate with
|
|
|
+ you by e-mail sent to the last updated address made known to ChargEco or by posting notices on the App. Where the
|
|
|
+ communication is given by us to you electronically, it will be deemed to have been received upon delivery (and a
|
|
|
+ delivery report received by ChargEco will be conclusive evidence of delivery even if the communication is not opened
|
|
|
+ by you); and where the communication is given to us electronically, it will be deemed to have been received upon
|
|
|
+ being opened by us. You agree that all agreements, notices, disclosures and other communications that we may provide
|
|
|
+ to you electronically will satisfy any and all legal requirements that such communications be in writing.</p>
|
|
|
+<p>20.2 You agree that ChargEco’s records and any records of the communications, transactions, instructions or
|
|
|
+ operations made or performed, processed or effected through the App and/or Solution by You or any person purporting
|
|
|
+ to be You, or any record of the communications, transactions, instructions or operations relating to the operation
|
|
|
+ of the Solution and any record of any communications, transactions, instructions or operations maintained by
|
|
|
+ ChargEco or by any relevant person authorised by ChargEco relating to or connected with the Solution shall be
|
|
|
+ binding on You for all purposes and shall be conclusive evidence of such communications, transactions, instructions
|
|
|
+ or operations.</p>
|
|
|
+<p>20.3 You have the duty to examine and verify the correctness of any and all confirmations, statements, records and
|
|
|
+ any other documents issued by ChargEco in relation to your Account. You further undertake to promptly inform
|
|
|
+ ChargEco in writing of any alleged error, irregularity, discrepancies or omissions in such documents. If no such
|
|
|
+ notice is received by ChargEco within 7 days from the date stated in such documents, you shall be deemed to have
|
|
|
+ conclusively accepted all content contained in such documents; and be liable for any and all losses arising from or
|
|
|
+ in connection with any alleged error, irregularity, discrepancies or omissions in such documents.</p>
|
|
|
+
|
|
|
+<h4>ELECTRONIC FORM</h4>
|
|
|
+<p>21.1 You agree that these Terms in electronic form constitute a written document and therefore you undertake not to
|
|
|
+ dispute or challenge the validity or enforceability of these Terms on the grounds that it is not a written document
|
|
|
+ and you hereby waive any such right that you may have at law.</p>
|
|
|
+
|
|
|
+<h4>ChargEco POLICIES</h4>
|
|
|
+<p>22.1 You agree to comply with all then-current ChargEco policies in relation to the Solution ("ChargEco Policies")
|
|
|
+ which may be made available from time-to-time on our App and/or directly communicated to you. Each such ChargEco
|
|
|
+ Policy is hereby incorporated by reference into these Terms.</p>
|
|
|
+<p>22.2 Where any conflict or contradiction appears between the provisions of these Terms and any other ChargEco Policy,
|
|
|
+ the terms of the relevant ChargEco Policy shall prevail in respect of your use of the relevant part of our
|
|
|
+ Solution.</p>
|
|
|
+
|
|
|
+<h4>DISCLAIMERS</h4>
|
|
|
+<p>23.1 The Solution is provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable
|
|
|
+ laws and regulations, we disclaim any and all warranties (express, implied or otherwise), including without
|
|
|
+ limitation, warranties of suitability, merchantability, safety, non-infringement, fitness for a particular purpose,
|
|
|
+ that all or any part of the Solution is always available, secure, or free from malware, defects, interruptions,
|
|
|
+ errors or other inaccuracies, whether arising by a course of dealing, usage, trade practice or course of
|
|
|
+ performance. </p>
|
|
|
+<p>23.2 We are also not liable for any costs associated with your network provider, who may charge you for accessing
|
|
|
+ their connection services to access and use our Solution. We are also not responsible for the availability and
|
|
|
+ quality of your telecommunication reception when you access or use our App.</p>
|
|
|
+
|
|
|
+<h4>LIMITATION OF LIABILITY</h4>
|
|
|
+<p>24.1 To the fullest extent permitted by law, ChargEco shall not, in any event, be liable to you or any other party
|
|
|
+ for any damages, losses, expenses, penalties or costs whatsoever (including without limitation, any direct,
|
|
|
+ indirect, special, incidental or consequential damages, loss of actual or anticipated income and profits,
|
|
|
+ opportunity and loss of data) arising in connection with your use of the Solution, your reliance on any Content
|
|
|
+ and/or Services, and in connection with these Terms, regardless of the form of action and even if ChargEco had been
|
|
|
+ advised as to the possibility of such damages.</p>
|
|
|
+<p>24.2 Without prejudice to clause 24.1, should any liability be attributed to ChargEco, ChargEco’s total liability in
|
|
|
+ connection with these Terms shall not exceed in aggregate the sum of S$50.</p>
|
|
|
+
|
|
|
+<h4>INDEMNIFICATION</h4>
|
|
|
+<p>25.1 The User hereby agrees to defend, indemnify and hold harmless ChargEco and its affiliates, officers, directors,
|
|
|
+ employees, agents, third party service providers, third party content providers and licensors (“ChargEco
|
|
|
+ Indemnitees”) from and against all damages, claims, expenses, penalties and costs (including indemnification of
|
|
|
+ legal costs on a full indemnity basis arising out of the User’s use of the Solution) directly or indirectly suffered
|
|
|
+ or incurred by the ChargEco Indemnitees in connection with or arising from: (1) the User’s access and/or use, or the
|
|
|
+ User’s purported access and/or use of the Solution; (2) the User’s breach or purported breach of any of these Terms;
|
|
|
+ (3) the enforcement of ChargEco’s rights under these Terms or in acting upon any instructions which the User may
|
|
|
+ give in relation to the Solution; or (4) any negligence, fraud and/or misconduct on the User’s part.</p>
|
|
|
+
|
|
|
+<h4>TERMINATION AND SUSPENSION</h4>
|
|
|
+<p>26.1 Without prejudice to clause 3.1, ChargEco shall be entitled to terminate or suspend your access and use of all
|
|
|
+ or any part of the Solution immediately for any reason at ChargEco’s sole discretion. If you have any questions
|
|
|
+ relating to the termination or suspension of your Account, please contact ChargEco at the contact information made
|
|
|
+ available on the App from time to time.</p>
|
|
|
+
|
|
|
+<h4>EVENTS BEYOND OUR CONTROL</h4>
|
|
|
+<p>27.1 We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our
|
|
|
+ reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of
|
|
|
+ systems or network access; any damage caused by a third party to our Charging Stations; or flood, fire, explosion or
|
|
|
+ accident.</p>
|
|
|
+
|
|
|
+<h4>MISCELLANEOUS</h4>
|
|
|
+<p>28.1 These Terms and any other documents expressly referred to in these Terms, as may be amended from time to time,
|
|
|
+ constitute the entire agreement and understanding between us and you in relation to the subject matter of these
|
|
|
+ Terms and supersedes any previous agreement or understanding between us and yourself in relation to such subject
|
|
|
+ matter.</p>
|
|
|
+<p>28.2 Where any or part of these Terms is deemed to be invalid, void, illegal or unenforceable, the legality, validity
|
|
|
+ and enforceability of the remaining parts of these Terms shall not be affected or impaired thereby and shall
|
|
|
+ continue in force as if such invalid, void, illegal or unenforceable part of these Terms was severed from these
|
|
|
+ Terms.</p>
|
|
|
+<p>28.3 You may not assign any of your rights under these Terms without ChargEco’s prior written consent. ChargEco may
|
|
|
+ assign its rights under these Terms to any of its affiliates or any third party.</p>
|
|
|
+<p>28.4 No failure or delay to exercise ChargEco’s rights under these Terms shall operate as a waiver thereof nor shall
|
|
|
+ such failure or delay affect the right to enforce ChargEco’s rights under these Terms.</p>
|
|
|
+<p>28.5 A person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third
|
|
|
+ Parties) Act 2001 or any similar legislation in any jurisdiction to enforce any part of these Terms.</p>
|
|
|
+<p>28.6 You agree and acknowledge that these Terms and the Solution do not include the provision of internet access or
|
|
|
+ other telecommunication services by ChargEco. Any internet access or telecommunications services (such as mobile
|
|
|
+ data connectivity) required to access and use the Solution shall be your sole responsibility and shall be separately
|
|
|
+ obtained by you, at your own cost, from the appropriate telecommunications or internet access service provider.</p>
|
|
|
+<p>28.7 By downloading and accessing and/or using any part of the Solution, you agree that such access and/or use, as
|
|
|
+ well as these Terms shall be governed by, and construed in accordance with, the laws of Singapore and you agree to
|
|
|
+ submit to the exclusive jurisdiction of the Singapore courts.</p>
|
|
|
+
|
|
|
+<h4>CONTACT</h4>
|
|
|
+<p>29.1 If you have any questions, complaints, or claims with respect to our Solution, you may contact us at the contact
|
|
|
+ information as stated in the App from time to time.</p>
|
|
|
+</body>
|
|
|
+</html>
|
