Terms of Use

STRIDES YTL PTE LTD (“ChargEco”, “we”, “us”, “our”) provides the ChargEco solution, comprising:

(a) our charging stations and related equipment (“Charging Stations”);

(b) website and mobile application (“App”); and

(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.

This page sets out the terms of use for the Solution (“Terms”). These Terms are important because they describe:

the rules to be followed when using the Solution;
the terms and conditions that apply to the charges for using the Solution; and
how to resolve any disputes that may arise from your use of the Solution.

PLEASE READ THESE TERMS CAREFULLY.

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.

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.

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.

Part A: User Accounts
Part B: Solution and Services Terms
Part C: App Terms
Part D: Charging Stations
Part E: ChargEco Credits
Part F: Subscriptions
Part G: ChargEco Fleet
Part H: General Terms

PART A: USER ACCOUNTS

ACCOUNT REGISTRATION AND DETAILS

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.

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.

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.

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.

ACCOUNT SECURITY AND ACTIVITY

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.

2.2 ChargEco monitors all Account usage for fraud, misuse and to detect any breach of these Terms.

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.

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.

TERMINATION OR SUSPENSION OF YOUR ACCOUNT

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.

3.2 If you wish to terminate your Account, please contact us at the contact information as made available and amended in the App from time to time for assistance.

Part B: SOLUTION AND SERVICES TERM

USE OF THE SOLUTION.

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.

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.

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.

4.4 As a condition of your access to and use of the Solution, you must not use the Solution in any manner:

4.4.1 that may infringe any applicable law or regulation or any third party’s rights, including intellectual property rights or proprietary rights;

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;

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/or

4.4.4 that is prohibited by these Terms.

USER CHARGES AND PRICING

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.

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.

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.

PAYMENT TERMS

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.

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.

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.

SERVICES

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.

7.2 You acknowledge that ChargEco has the right to amend, withdraw or suspend the Services at any time without notice to you.

PART C: APP TERMS

APP AND CONTENT

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.

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.

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.

APP USE RESTRICTIONS

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:

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 or commit or attempt to commit any infringement of intellectual property;

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;

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;

9.1.4 link to, mirror or frame any portion of the App;

9.1.5 create false, fraudulent or speculative Charging Sessions through the App or commit any form of fraud or spoofing;

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;

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;

9.1.8 obtain or attempt to obtain unauthorised access, via whatever means, to any of ChargEco’s systems;

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;

9.1.10 abuse, harass, threaten, impersonate or intimidate anyone;

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;

9.1.12 infringe any rights of any third party, including intellectual property rights or proprietary rights; and

9.1.13 infringe any applicable law, statute, ordinance or regulation.

REVIEWS AND USER SUBMISSION

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:

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;

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

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.

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.

THIRD PARTY LINKS

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.

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.

COMPATIBLE DEVICES

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.

PART D: CHARGING STATIONS

HOST LOCATION, PARKING FEES AND RULES

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.

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.

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.

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

USE OF CHARGING STATION

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.

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.

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.

14.4 As a condition of your access and use of the Charging Stations, you must not:

14.4.1 dishonestly or fraudulently extract, use, consume or divert or cause to be diverted, any electricity flowing through a Charging Station; and

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.

SMART CHARGING

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.

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.

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.

PART E: ChargEco CREDITS

USE OF ChargEco CREDITS

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”).

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.

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.

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.

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.

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.

FRAUDULENT ACTIVITY

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.

PART F: GENERAL TERMS

INTELLECTUAL PROPERTY

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.

DATA PROTECTION

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.

ELECTRONIC COMMUNICATIONS

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.

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.

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.

ELECTRONIC FORM

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.

ChargEco POLICIES

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.

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.

DISCLAIMERS

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.

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.

LIMITATION OF LIABILITY

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.

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.

INDEMNIFICATION

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; (4) any negligence, fraud and/or misconduct on the User’s part or (5) any violation of any rights of a third party by the User.

TERMINATION AND SUSPENSION

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.

EVENTS BEYOND OUR CONTROL

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,accident or acts of God.

MISCELLANEOUS

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.

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.

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.

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.

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.

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.

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.

CONTACT

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.

Last Updated: 11 September 2023

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