Charge+ Solution Terms of Use
Last Updated: 3 Aug 2021.
CHARGE+ PTE LTD ("Charge+", "we", "us", "our") provides the Charge+ solution, comprising:
This page sets out the terms of use for the Solution ("Terms").
These Terms are important because they describe:
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 Charge+. If you do not agree to any part of these Terms, you should stop using the Solution
immediately.
Charge+ 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.
Quick Links
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 Charge+ with certain personal data via the App or such other means as
Charge+ may permit, including: (a) your full name; (b) your address; (c) your email address; (d) your mobile phone number; (e) the in-vehicle unit number of your electric vehicle; (f) the car plate number of your electric vehicle; and
(g) any other information that Charge+ 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 Charge+ in writing. Where duplicate Accounts are
detected in relation to one User, Charge+ 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 Charge+ 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 Charge+ has been notified. You acknowledge and agree that Charge+ requires
a minimum of 7 working days to investigate any such notifications relating to compromised Accounts.
2.2 Charge+ monitors all Account usage for fraud, misuse and to detect any breach of these Terms.
2.3 Your device which you use to access the App may permit you to use any Biometric Trait enrolled by the relevant Biometric Recognition Feature to access your Account. Charge+ owes no duty to verify that each Biometric Trait is
the User's own Biometric Trait. You acknowledge and agree that:
2.3.1 if you have the Biometric Trait(s) of another person registered on your mobile device, such other person may be able to access your Account; and
2.3.2 such Biometric Recognition Feature is not provided by Charge+ in any way and Charge+ has no responsibility for and makes no warranties in respect of such features, including any warranty that such features will meet all or
any of your requirements or that your use of such features will always be available, accessible, complete, uninterrupted, timely, secure or error free.
In this clause, "Biometric Trait" means each biometric trait including but not limited to facial image, fingerprints and iris patterns enrolled by a Biometric Recognition Feature on your device; "Biometric Recognition Feature" means
such biometric recognition feature designated as such by Charge+ from time to time including the face recognition feature of Apple's iOS designated by Apple as "Face ID" or the fingerprint recognition feature of Apple's iOS designated
by Apple as "Touch ID".
2.4 You are responsible for all activity under and instructions to Charge+ issued from your Account, including any charges or fees incurred for the use of the Solution. Charge+ 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, Charge+ 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.
Charge+ may at our discretion refuse to comply with any instruction from your Account if the instruction is ambiguous or conflicting, incomplete or inaccurate.
2.5 Charge+ 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 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 Charge+.
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 Charge+ 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
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 Charge+
will be displayed to you in the App.
5.2 Charge+ reserves the right to establish and revise payment plans such as subscription plan and pay-per-use plan based on usage or time-based rates ("Payment Plans"), and to revise pricing at any time at our sole discretion,
without notice to You or giving any reason. You acknowledge and agree that the pricing and Payment Plan can vary between Charging Stations, and between each charging point within a Charging Station ("Charging Points"). You may view
current pricing, Payment Plan and Payment Method on the App. Charge+ will use reasonable efforts to inform you of material changes in pricing that may apply to you, provided that you will be responsible for User Charges incurred under
your Account regardless of your awareness of pricing. All User Charges paid by you are final and non-refundable, unless otherwise determined by Charge+.
5.3 Charge+ may from time to time provide certain Users with promotional offers and discounts that may result indifferent 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.
5.4 You acknowledge and agree that the records maintained by or on behalf of Charge+ 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 Charge+ 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, Charge+ 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 Charge+ 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 Charge+ has absolute management and control over all matters relating to the Services, which are provided via the Solution at Charge+'s sole discretion. Without prejudice to the foregoing, you agree that
Charge+ 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 Charge+'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. Charge+ 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 Charge+ 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,
Charge+ 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
Charge+ 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 Charge+ may modify the App in any way and at any time, with or without notice. You further acknowledge and agree that, while Charge+ has attempted to provide accurate information on the App, such
information may change frequently and in no event will Charge+ be responsible for the accuracy, timeliness, reliability, usefulness or completeness of any Content, or that any such Content is the most up-to date. Charge+ 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 Charge+, including removing, altering or replacing any notices of authorship, trademarks, business names, logos or other designations of origin;
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 Charge+;
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;
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 Charge+'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 allintellectual 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 Charge+ (" 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 Charge+ 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 Charge+ 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. Charge+ 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. Charge+ 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 Charge+ 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 Charge+ 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 Charge+ 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 28.1, Charge+ 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: CHARGE+ CREDITS
USE OF CHARGE+ CREDITS
16.1 You may purchase Charge+ Credits to fund your usage of the Services. You may choose to purchase Charge+ Credits through any credit cards, debit cards 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 Charge+ 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 Charge+ 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 Charge+ Credits on your own. Charge+ shall not be responsible for any such lost or misdirected payments.
16.5 When you select the Charge+ Credits as your Payment Method in respect of the User Charges, you authorise Charge+ to deduct the relevant User Charges from the available Charge+ Credits in your Account.
If you have selected the Charge+ Credits as your Payment Method, you acknowledge that Charge+ reserves the right to deny the Services to you, including preventing any Charging Session from starting, if your Charge+ Credit balance falls
below the prevailing minimum prescribed balance as determined by Charge+ from time to time. You also acknowledge that if the Charge+ 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 Charge+ Credits may only be used for making purchases of the Services. The Charge+ Credits may not be exchanged for cash or credit balance unless required by law and may not be transferred to any other user.
AUTOMATIC TOP UPS
17.1 You may choose to purchase Charge+ Credits automatically by activating the "Auto Top-Up" option via the App, where available. By activating "Auto Top-Up", you authorise us to purchase a specified amount of Charge+ Credits
that you have selected via the App by deducting from or charging to your Funding Source, should Charge+ Credits in your Account fall below a designated amount. To withdraw such standing instruction, you may deactivate "Auto Top-Up". You
hereby authorise us to perform such transfer from the Funding Source in accordance with instructions via the App. Such authorisations and standing instructions will remain effective and unchanged unless you have requested to deactivate
or cancel the "Auto Top-Up" in accordance with such method as we may prescribe, and such request has been accepted by us. For the avoidance of doubt, such cancellation shall only be effective after we have confirmed acceptance of
cancellation of the "Auto Top-Up" function via the App and any transfers prior to such confirmation shall proceed unaffected. Your instructions in relation to such prior transfers are irrevocable.
17.2 Where you have activated "Auto Top-Up", you understand and agree that you shall, at all times, maintain sufficient funds available in your Funding Source(s). Failing to do so may lead to a failure in the "Auto Top-Up"
resulting in failed payment transactions and/or delays, among other consequences. You understand and agree that we will not be responsible or liable in any way for any such consequences of any nature whatsoever and you agree not to take
any action or to release us from any claims whatsoever in relation to any such consequences.
FRAUDULENT ACTIVITY
18.1 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 Charge+ 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: SUBSCRIPTIONS
SUBCRIPTION PLANS
19.1 We may from time to time offer subscription plans as a Payment Plan for our Services to certain Users. If you enter into a separate agreement for a subscription plan with us ("Subscription Terms"), this Part F shall apply to
you. In the event of any conflict between the Subscription Terms and this Part F, the Subscription Terms shall prevail to the extent of that inconsistency (unless expressly agreed otherwise in writing).
19.2 The term of your subscription plan shall be as set out in the Subscription Terms ("Subscription Period").
19.3 A subscription plan may allow you to use specified Charging Stations without paying the standard fees for a Charging Session. Instead, you may be given the option in the App to use your subscription plan as the relevant
Payment Plan for the User Charges for that Charging Session. It is your responsibility to ensure that you have selected the correct Payment Plan if you wish to use your subscription plan to make payment of the applicable User Charges.
We shall not be liable for any User Charges incurred by you as a result of your failure to select the appropriate subscription plan in respect of a Charging Session.
SUBSCRIPTION FEES
20.1 During the Subscription Period, the relevant subscription fees shall be payable by you in accordance with the Subscription Terms. Your first payment will be debited upon commencement of the Subscription Period, or such other
date as may be notified to you. Any subsequent recurring charges will be debited in full in accordance with the Subscription Terms.
PART G: CHARGE+ FLEET
ACCESS AND USE OF CHARGE+ FLEET
21.1 This Part G applies to you if you have been appointed as an authorised User ("Authorised User") to the Solution pursuant to a separate Fleet Charging Agreement between Charge+ and you or your organisation ("Fleet Manager").
Your use of the Solution as an Authorised User is subject to the applicable terms in these Terms and the Fleet Charging Agreement. In the event of any conflict in the terms under the relevant Fleet Charging Agreement, this Part G, and
the rest of these Terms,
then
the documents will prevail in the order set out above to the extent of that inconsistency (unless expressly agreed otherwise in writing).
21.2 To enable the Charge+ Fleet features for your account, your Fleet Manager must have first provided Charge+ with certain information about your Account ("Linking Data"). Charge+ will use the Linking Data provided for the
purpose of authenticating you and linking your Account with the Fleet Manager's Charge+ Fleet account ("Fleet Account"). Upon the linking of the Fleet Account to your Account, you will be provided the option to apply your relevant User
Charges to your Fleet Account via the Corporate Billing option instead of incurring them on your own personal Account. "Corporate Billing" means the enterprise billing and payment process for the Solution provided by Charge+ to the
Fleet Manager under the Fleet Charging Agreement for User Charges.
21.3 Please note that Fleet Managers have the discretion to unlink your Account from their Fleet Account and the Corporate Billing option at any time at their sole discretion. Charge+ will not be liable to you for any damages,
losses, expenses, penalties or costs whatsoever resulting from any unlinking of your Account from the Fleet Account.
21.4 You acknowledge and agree that by linking your Account with the Fleet Account, Charge+ will provide the Fleet Manager with detailed information about your Solution usage for Services charged to their Fleet Account.
21.5 You shall:
21.5.1 only apply your User Charges to the Fleet Account in the manner authorised by your Fleet Manager or otherwise as agreed between you and your Fleet Manager; and
21.5.2 be responsible for paying any User Charges incurred under your Account that are not successfully applied to the Fleet Account;
21.6 You acknowledge and agree that in addition to our other general rights in these Terms, we may suspend your entire Account (in whole or in part, and including your access to Corporate Billing) for any breach of this Part G.
PART H: GENERAL TERMS
INTELLECTUAL PROPERTY
22.1 As between you and Charge+, all intellectual property rights in and to the Solution shall be absolutely owned by Charge+ 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 Charge+ or its licensors.
DATA PROTECTION
23.1 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
24.1 When you access and/or use the Solution or communicate with us through email or the App, you are communicating with Charge+ 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 Charge+ 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 Charge+ 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.
24.2 You agree that Charge+'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 Charge+ or by any
relevant person authorised by Charge+ 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.
24.3 You have the duty to examine and verify the correctness of any and all confirmations, statements, records and any other documents issued by Charge+ in relation to your Account. You further undertake to promptly inform Charge+
in writing of any alleged error, irregularity, discrepancies or omissions in such documents. If no such notice is received by Charge+ 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
25.1 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.
CHARGE+ POLICIES
26.1 You agree to comply with all then-current Charge+ policies in relation to the Solution ("Charge+ Policies") which may be made available from time-to-time on our App and/or directly communicated to you. Each such Charge+
Policy is hereby incorporated by reference into these Terms.
26.2 Where any conflict or contradiction appears between the provisions of these Terms and any other Charge+ Policy, the terms of the relevant Charge+ Policy shall prevail in respect of your use of the relevant part of our
Solution.
DISCLAIMERS
27.1 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.
27.2 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
28.1 To the fullest extent permitted by law, Charge+ 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 Charge+ had been advised as to the possibility of such damages.
28.2 Without prejudice to clause 28.1, should any liability be attributed to Charge+, Charge+'s total liability in connection with these Terms shall not exceed in aggregate the sum of S$50.
INDEMNIFICATION
29.1 The User hereby agrees to defend, indemnify and hold harmless Charge+ and its affiliates, officers, directors, employees, agents, third party service providers, third party content providers and licensors ("Charge+
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 Charge+ 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 Charge+'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.
TERMINATION AND SUSPENSION
30.1 Without prejudice to clause 3.1, Charge+ shall be entitled to terminate or suspend your access and use of all or any part of the Solution immediately for any reason at Charge+'s sole discretion. If you have any questions
relating to the termination or suspension of your Account, please contact Charge+ at the contact information made available on the App from time to time.
EVENTS BEYOND OUR CONTROL
31.1 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.
MISCELLANEOUS
32.1 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.
32.2 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.
32.3 You may not assign any of your rights under these Terms without Charge+'s prior written consent. Charge+ may assign its rights under these Terms to any of its affiliates or any third party.
32.4 No failure or delay to exercise Charge+'s rights under these Terms shall operate as a waiver thereof nor shall such failure or delay affect the right to enforce Charge+'s rights under these Terms.
32.5 A person or entity who is not a party to these Terms shall have no right under the Contracts (Rights of Third Parties) Act (Chapter 53B of Singapore) or any similar legislation in any jurisdiction to enforce any part of these
Terms.
32.6 You agree and acknowledge that these Terms and the Solution do not include the provision of internet access or other telecommunication services by Charge+. 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.
32.7 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
33.1 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.