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- <title>Term Of Use</title>
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- <h4>ChargEco Solution Terms of Use</h4>
- <h4>Last Updated: 3 Jan 2023.</h4>
- <h4>STRIDES YTL PTE LTD ("ChargEco", “we”, “us”, “our”) provides the ChargEco solution, comprising:</h4>
- <p>(a) our charging stations and related equipment ("Charging Stations");</p>
- <p>(b) website and mobile application ("App"); and</p>
- <p>(c) all features, functionality, services, products and other services provided through the App, including the
- charging services ("Services"), which allow users to charge their electric (including but not limited to both
- battery electric and plug-in hybrid electric) vehicles (together, the "Solution"). When we use “you”, “your” or
- "User", we refer to anyone who accesses or uses our Solution.</p>
- <p>This page sets out the terms of use for the Solution (“Terms”). These Terms are important because they describe:</p>
- <p>· the rules to be followed when using the Solution;</p>
- <p>· the terms and conditions that apply to the charges for using the Solution; and</p>
- <p>· how to resolve any disputes that may arise from your use of the Solution.</p>
- <h4>PLEASE READ THESE TERMS CAREFULLY.</h4>
- <p>These Terms and the documents referred to in them govern your use of the Solution and constitute a legally binding
- agreement between you and ChargEco. If you do not agree to any part of these Terms, you should stop using the
- Solution immediately.</p>
- <p>ChargEco may amend these Terms at any time. Such amendments shall be effective once they are posted on the App. It is
- your responsibility to review the Terms regularly. Your continued use of the Solution after any such amendments,
- whether or not reviewed by you, shall constitute your agreement to be bound by such amendments.</p>
- <p>If you have any questions, comments, complaints or claims with respect to our Solution or these Terms, you may
- contact us at the contact information as made available in the App from time to time.</p>
- <p>· Part A: User Accounts</p>
- <p>· Part B: Solution and Services Terms</p>
- <p>· Part C: App Terms</p>
- <p>· Part D: Charging Stations</p>
- <p>· Part E: ChargEco Credits</p>
- <p>· Part F: Subscriptions</p>
- <p>· Part G: ChargEco Fleet</p>
- <p>· Part H: General Terms</p>
- <h4>PART A: USER ACCOUNTS</h4>
- <h4>ACCOUNT REGISTRATION AND DETAILS</h4>
- <p>1.1 In order to use the Solution, you must register for a personal account with us (“Account”). In order to register
- for an Account, you will need to provide ChargEco with certain personal data via the App or such other means as
- ChargEco may permit, including: (a) your full name; (b) your address; (c) your email address; (d) your mobile phone
- number; (e) the car plate number of your electric vehicle; and (f) any other information that ChargEco may from time
- to time require.</p>
- <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),
- to obtain an Account and use the Solution.</p>
- <p>1.3 Your Account cannot be assigned or transferred to another person. You agree not to register and/or maintain more
- than one Account at the same time, unless otherwise permitted by ChargEco in writing. Where duplicate Accounts are
- detected in relation to one User, ChargEco may close or merge these duplicate Accounts without prior notification to
- you.</p>
- <p>1.4 When you register an Account with us, you agree to provide us with true, current, and complete information during
- registration. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to
- maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment
- method on file, may result in additional fees and/or your inability to access or use the Solution.</p>
- <h4>ACCOUNT SECURITY AND ACTIVITY</h4>
- <p>2.1 You agree to maintain the security and confidentiality of your Account log-in details at all times. You may not
- authorize third parties to use your Account. If you become aware that the security or confidentiality of your
- Account log-in details have been compromised (including any loss, theft, breach of security, or unauthorised
- disclosure or use) and/or there has been unauthorised use of your Account, you must immediately notify ChargEco via
- the contact information as made available in the App from time to time. You agree to be liable for any and all
- charges incurred due to usage of the compromised Account until ChargEco has been notified. You acknowledge and agree
- that ChargEco requires a minimum of 7 working days to investigate any such notifications relating to compromised
- Accounts.</p>
- <p>2.2 ChargEco monitors all Account usage for fraud, misuse and to detect any breach of these Terms.</p>
- <p>2.3 You are responsible for all activity under and instructions to ChargEco issued from your Account, including any
- charges or fees incurred for the use of the Solution. ChargEco shall be entitled to consider any person who gains
- access to the Solution using your Account log-in details as an individual acting upon your authorisation, without
- any further inquiry or investigation. Where applicable, references to your use and/or access of the Solution shall
- be deemed to include the use and/or access of the Solution by an individual authorised by you. Notwithstanding this,
- ChargEco shall be entitled at our own discretion to decline to act or refrain from acting promptly upon any
- instructions from your Account and to investigate or verify the authenticity, the authority or the identity of such
- persons effecting the instructions or the authenticity, accuracy and completeness of the instruction.
- ChargEco may at our discretion refuse to comply with any instruction from your Account if the instruction is
- ambiguous or conflicting, incomplete or inaccurate.
- </p>
- <p>2.4 ChargEco shall not be liable or responsible for any damage, expense or loss of any kind suffered directly or
- indirectly by you as a result of any loss, disclosure, theft and/or unauthorised use of your Account.</p>
- <h4>TERMINATION OR SUSPENSION OF YOUR ACCOUNT</h4>
- <p>3.1 We reserve the right to terminate or suspend your Account at any time for any reason without prior notice to You,
- including where we have reasons to suspect that your Account is being used fraudulently or in breach of these Terms
- or if you have notified us that your security of your Account credentials has been compromised in any way.</p>
- <p>3.2 If you wish to terminate your Account, please contact us at the contact information as made available in the App
- from time to time for assistance.</p>
- <h4>Part B: SOLUTION AND SERVICES TERM</h4>
- <h4>USE OF THE SOLUTION</h4>
- <p>4.1 To access the Solution, you must have internet access, a compatible mobile device with the App installed, and
- provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment
- permitted by the App, as may be updated from time to time, and which may include payment through your Account with a
- third party.</p>
- <p>4.2 Subject to your registration for and maintenance of an active Account, we hereby grant you a personal, limited,
- non-exclusive, non-transferable, non-sublicensable right to access the Solution and receive the Services in
- accordance with these Terms. Any rights not expressly granted in these Terms are reserved by ChargEco.</p>
- <p>4.3 Unless otherwise agreed to in writing, the Solution is provided for your personal use only and shall not be used
- in connection with the conduct of any commercial enterprise or for financial gain, including but not limited to any
- direct or indirect resale of all or any part of the Services.</p>
- <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>
- <p> 4.4.1 that may infringe any applicable law or regulation or any third party's rights, including intellectual
- property
- rights or proprietary rights;</p>
- <p> 4.4.2 that could cause harm, nuisance, annoyance, inconvenience, damage or adversely affect any person or
- ChargEco’s
- reputation or property, including but not limited to the Charging Stations;</p>
- <p> 4.4.3 that jeopardises or impairs, or is reasonably likely to jeopardise or impair, the operation of all or any
- part
- of the Solution, and</p>
- <p> 4.4.4 that is prohibited by these Terms.</p>
- <h4>USER CHARGES AND PRICING</h4>
- <p>5.1 You understand that your use of the Services may result in charges to you for the services or goods you receive
- (“User Charges”). Details of Services, pricing for such Services, and any supplemental terms offered by ChargEco
- will be displayed to you in the App.</p>
- <p>5.2 ChargEco may from time to time provide certain Users with promotional offers and discounts that may result in
- different amounts charged for the same or similar Services, and you agree that such promotional offers and
- discounts, unless also made available to you, shall have no bearing on your use of the Services or the User Charges
- applied to you. You acknowledge and agree that any such promotional offers and discounts offered to you can only be
- consumed by you and you will not authorize, enable or facilitate any third party to use or take advantage of any
- such promotional offers and/or discounts. </p>
- <p>5.3 You acknowledge and agree that the records maintained by or on behalf of ChargEco relating to your usage and
- receipt of the Services, including the duration of any Charging Session and the relevant electricity usage of such
- Charging Session, are final and binding on you in respect of any calculation of your User Charges. A “Charging
- Session” refers to a session during which you use a Charging Station, which commences when electricity starts to
- flow through the Charging Station and ends when charging completes or when charging is stopped by you or for any
- reason whatsoever.</p>
- <h4>PAYMENT TERMS</h4>
- <p>6.1 You must make full payment of all User Charges for all Services received by you through one of the available
- Payment Methods, which may include a credit card, a debit card, the ChargEco Credits, alternative e-wallets or such
- other methods as are made available in the App from time to time. Any payment pursuant to your selected Payment
- Method is non-refundable and irrevocable. All User Charges applicable to a Charging Session will be immediately due
- at the end of such Charging Session.</p>
- <p>6.2 The User Charges may be subject to taxes, duties, levies, premiums, fees, additional charges and other
- assessments of any kind ("Taxes"), which shall be payable by you in addition to the User Charges. Where any such
- Taxes apply, ChargEco will display such amounts together with the User Charges in the App as required by applicable
- law. The User Charges and Taxes shall be rounded to the nearest cent.</p>
- <p>6.3 Where you make payment through the App, you acknowledge and agree that your personal data may be disclosed by
- ChargEco to third parties (located within and outside of Singapore) for the purpose of processing such payment
- transaction, including but not limited to debit and credit card companies, banks and payment gateways.</p>
- <h4>SERVICES</h4>
- <p>7.1 You acknowledge that ChargEco has absolute management and control over all matters relating to the Services,
- which are provided via the Solution at ChargEco’s sole discretion. Without prejudice to the foregoing, you agree
- that ChargEco has sole discretion to determine the manner in which the Services are provided to you, including but
- not limited to the means, methods, sequences and procedures with respect to the operation, use and availability of
- the Charging Stations and ChargEco’s activities and operations in relation to the Charging Stations, the number,
- types, makes, models, quality, brands and locations of the Charging Stations, and the removal, replacement,
- installation and configuration of each Charging Station. ChargEco will use its reasonable efforts to make available
- information relating to the location and availability of the Charging Stations to you via the App.</p>
- <p>7.2 You acknowledge that ChargEco has the right to amend, withdraw or suspend the Services at any time without notice
- to you.</p>
- <h4>PART C: APP TERMS</h4>
- <h4>APP AND CONTENT</h4>
- <p>8.1 The App provides information regarding your Account and Charging Stations, as well as general access to utilize
- the Services, including starting and ending any Charging Session. Subject to your compliance with these Terms,
- ChargEco grants you a personal, limited, non-exclusive, non-sub-licensable, revocable, non-transferable license to:
- (a) access and use the App solely in connection with your use of the Solution; and (b) access and use any content,
- information and related materials that may be made available through the App ("Content"), solely for your personal,
- non-commercial use.</p>
- <p>8.2 The Content is only for general information or use. It does not constitute advice and should not be relied upon
- in making (or refraining from making) any decision. No oral advice or written information given through the App by
- ChargEco or its officers, directors, employees, agents, third party service providers or third-party content
- providers, shall create any warranty nor shall you rely on any such information or advice.</p>
- <p>8.3 You acknowledge and agree that ChargEco may modify the App in any way and at any time, with or without notice.
- You further acknowledge and agree that, while ChargEco has attempted to provide accurate information on the App,
- such information may change frequently and in no event will ChargEco be responsible for the accuracy, timeliness,
- reliability, usefulness or completeness of any Content, or that any such Content is the most up-to date. ChargEco
- does not represent or warrant that the App will be error-free, free of viruses or other harmful components.</p>
- <h4>APP USE RESTRICTIONS</h4>
- <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
- not reasonably intended by us. By way of example, and not as a limitation, you agree not to:</p>
- <p> 9.1.1 pass off or attempt to pass off the App as the product of anyone other than ChargEco, including removing,
- altering or replacing any notices of authorship, trademarks, business names, logos or other designations of
- origin;</p>
- <p> 9.1.2 reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell,
- transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App except as
- expressly permitted by ChargEco;</p>
- <p> 9.1.3 disassemble, reverse engineer, decompile or modify any software or application contained in or available
- on our App in whole or in part except as may be permitted by applicable law, or otherwise attempt to obtain or
- access the source code of our App;
- </p>
- <p> 9.1.4 link to, mirror or frame any portion of the App;</p>
- <p> 9.1.5 create false, fraudulent or speculative Charging Sessions through the App;</p>
- <p> 9.1.6 cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise
- data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect
- of the App;</p>
- <p> 9.1.7 violate the security of any network, including cracking passwords or encryption codes, transferring or
- storing any illegal material, or otherwise obtaining the password, account or private information from any other
- user of our App;</p>
- <p> 9.1.8 obtain or attempt to obtain unauthorised access, via whatever means, to any of ChargEco’s systems;</p>
- <p> 9.1.9 interfere with or disrupt our App, or servers or networks connected to our Solution, including running or
- activating processes on our App that interfere with their proper working or place an unreasonable load on our
- Solution's infrastructure;</p>
- <p> 9.1.10 abuse, harass, threaten, impersonate or intimidate anyone;</p>
- <p> 9.1.11 post or transmit, or cause to be posted or transmitted, malicious content including malware, Trojan
- horses, or viruses, or otherwise interfere with any user’s access to our App;</p>
- <p> 9.1.12 infringe any rights of any third party, including intellectual property rights or proprietary rights;
- and</p>
- <p> 9.1.13 infringe any applicable law, statute, ordinance or regulation.</p>
- <h4>REVIEWS AND USER SUBMISSION</h4>
- <p>10.1 To the extent that our App allows you to post, upload, transmit or otherwise make available any Content (“User
- Content”), you agree that:</p>
- <p> 10.1.1 you are solely responsible for the User Content that you upload and you represent and warrant that you
- will not share anything that would infringe any rights of any third party, including intellectual property rights or
- proprietary rights;</p>
- <p> 10.1.2 although all intellectual property rights subsisting in any User Content will be owned by you or your
- licensors and you are always free to share your User Content with anyone else, you hereby grant us and our
- affiliates a non-exclusive, perpetual, royalty-free, worldwide, transferrable and sub-licensable right to host, use,
- reproduce both electronically or otherwise, publicly display, distribute, modify, adapt, public, translate and
- creative derivative works from any and all such User Content (in accordance with our Privacy Policy, including
- without limitation for the purposes of advertising and marketing our Solution; and</p>
- <p> 10.1.3 we are under no obligation to store, retain, publish or make available any User Content uploaded by you
- and that you will be responsible for creating backups of any User Content if necessary.</p>
- <p>10.2 For the avoidance of doubt, we reserve the right to remove User Content which, in our opinion, are in violation
- of these Terms or any applicable law.</p>
- <h4>THIRD PARTY LINKS</h4>
- <p>11.1 Certain links on the App may lead to websites, services, social media channels or apps not operated by or under
- the control of ChargEco ("Third Party Links"). Third Party Links are provided as a convenience to you as a user of
- our App, and do not imply the endorsement by us of any information, products, advertising or other materials that
- can be found on those Third Party Links. You access such Third Party Links at your own risk and ChargEco accepts no
- responsibility or liability for any damage caused or alleged to be caused by or in connection with the use of the
- material or functions contained on those Third Party Links.</p>
- <p>11.2 You represent and warrant that you have read and agree to be bound by all applicable policies of these Third
- Party Links, whether relating to your use of our Solution or otherwise, and that you will act in accordance with
- those policies, in addition to your obligations under these Terms. Your interactions with these third parties,
- including but not limited to the purchasing of goods or services, and any other terms, conditions, warranties or
- representations associated with such dealings, are solely between you and the third parties. You should conduct
- whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction
- with any of these third parties.</p>
- <h4>COMPATIBLE DEVICES</h4>
- <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
- the App or if you have downloaded the wrong version of the App. ChargEco reserves the right not to permit you to
- access and/or use the App should the App be incompatible with your device.</p>
- <h4>PART D: CHARGING STATIONS</h4>
- <h4>HOST LOCATION, PARKING FEES AND RULES</h4>
- <p>13.1 Charging Stations may be located and hosted on a third party’s property (any such third party, a “Host”). As
- such, you agree to observe and obey any and all rules set by Hosts pertaining to their property and the use of the
- Charging Stations, including, but not limited to, general customer or visitor conduct, parking restrictions and
- charges, parking time limitations, hours of operation, parking within designated lots only in order to make use of
- the Charging Stations. You are solely responsible for any damage, fees, penalties or loss, including any fines or
- penalties imposed by the relevant parking enforcement authority and any immobilisation, clamping or removal of your
- car, caused by your noncompliance of any Host rules.</p>
- <p>13.2 Where a Charging Station is located in a car park or any other restricted area, you may be required to pay
- separate access and/or parking fees to the Host for access to such Charging Station, in addition to the User
- Charges.</p>
- <p>13.3 At the end of each Charging Session, you must promptly remove your vehicle from the parking lot assigned to the
- relevant Charging Point. ChargEco reserves the right to impose additional fees for any failure to remove your
- vehicle promptly or after a designated grace period, from the assigned parking lot at the end of a Charging
- Session.</p>
- <p>13.4 In accordance with our Privacy Policy, you consent to ChargEco disclosing your personal data, including your
- name and the car plate number of your electric vehicle to third parties such as local enforcement agencies and
- Hosts, where you do not comply with clause 13.3</p>
- <h4>USE OF CHARGING STATION</h4>
- <p>14.1 You must follow all instructions provided to Users in relation to the use of a Charging Station, including but
- 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>
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