Charge+ Solution Terms of Use
Last Updated: 3 Aug 2021.

CHARGE+ PTE LTD ("Charge+", “we”, “us”, “our”)
provides the Charge+ 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 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

· Part B: Solution and Services Terms

· Part C: App Terms

· Part D: Charging Stations

· Part E: Charge+ Credits

· Part F: Subscriptions

· Part G: Charge+ 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
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 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.  

5.4  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 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 Charge+ ("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
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.