Terms and Conditions

RExharge® (”Service Provider”) is a company offering electric vehicle (EV) charging solutions for companies and private individuals (“Customers”). Included in the services offered by the Service Provider is the backend system, managed by the Service Provider and to which EV charging devices can be connected, allowing customers to monitor the devices with the aid of the online service and mobile app, and with which the backend system is able to communicate between the Customers and the EV Charging Devices (the “Service”).

These terms and conditions of use (”Terms”) of the Service are applied in the contractual relationship between the Service Provider and Customer, where the Customer purchases the Service from the Service Provider.

Service Provider Business Information:

REcharge Xolutions Sdn Bhd (0295251X)
MERCU 2, LEVEL 38, UNIT 33,
NO.3, JALAN BANGSAR,
KL ECO CITY, 59200
KUALA LUMPUR.

+6 011 5166 2025

1. DEFINITIONS

Right of use

Means the right to use the Service, granted to the Customer in accordance with these Terms.

A Charging Device

Is an individual charging appliance, which operates independently (smart device). The Charging Device may be equipped with more than one charging socket, which when connected to an EV supplies electricity to the said EV for the purpose of charging.

A Charging Point

Is a cluster of Charging devices and encompasses all Charging Devices that are included in a certain location.

A Charging Connector

Is any charging connector, regardless of plug connector or socket connector, that is able to charge an electric vehicle, regardless of plug type or standard.

A Charging Group

Is a group consisting of Charging Points and encompasses all Charging Points under a certain ownership.

A Charging Group Administrator

Refers to the owner of a Charging Group, who is able to manage all settings related to the Charging Group.

A Charging Session

Refers to an individual charge of an EV.

iPay88

Is a third-party service responsible for payment transactions, which takes care of the security of payment details

An Electric Vehicle (EV)

Is a vehicle which runs on an electric motor chargeable with electricity.

2. INITIATING THE SERVICE

It is necessary to complete a registration form on the Service Provider’s app. The Service Provider reserves the right to approve or refuse registration.

An organization wishing to become a Customer may also contact the Service Provider’s customer service, either by phone or email.

• The Service Provider’s customer service, can be reached on +6011 5166 2025
• The email address of the Service Provider’s customer service is: [email protected]

Before a charging right can be granted to a Customer, the person wishing to become a Customer, or the representative of the legal person wishing to become a Customer should give the following information when contacting customer service:

• First name, last name
• Mobile Number
• Email address
• Company Name
  (Optional)

When registered on the Service, and on the creation of a customer account, the Customer accepts these Terms, and a service agreement is established between the Service Provider and the Customer. Once a customer account is created, the Customer has Right of Use of the Service, enabling the connection of charging rights to that particular customer, and the monitoring of customer-specific charging events. The Customer should give the required information correctly. It is forbidden to give false information, and doing so could lead to serious consequences.

The email address informed by the Customer is the Customer’s user name on the Service. The Customer should create a password for himself, which is unique to the Customer, and which may not be given or disclosed to a third party.

3. USE OF THE SERVICE

The Service Provider grants the Customer a limited, revocable, non-exclusive Right of Use of the Service and its contents. The Customer may use the Service solely in accordance with these Terms and any conditions and instructions in the Service which may be given separately. When using the Service, the Customer is bound at all times to comply with all applicable legislation and good practice. The Customer is not entitled to transfer the Right of Use to a third party.

The Customer may charge his EV on Charging Devices that are connected to the Service. The Customer’s rights to the Charging Points and Charging Groups are determined when his customer account is set up.

The Customer may add, modify and remove his own information in the Service. Rights to Charging Points and Charging Groups may be added or removed, as and when necessary. These changes may affect the pricing of the Service. The Customer may manage one or more ID containing charging rights at one-time for the purpose of initiating the Charging Event.

Once logged in to the Service, the Customer can see in real time, the charging devices that are free and those that are occupied. Data on the status of the Charging Devices is shown in real time on the Service.

Additionally, the Customer can follow his own Charging Events and their data, and obtain useful information related to EVs.

The Customer is entitled to connect his own Charging Device to the Service, whereupon the Customer has the right to take advantage of the Service also for commercial purposes in this respect. Issues regarding the connection of Charging Devices to the Service are agreed upon separately between the Customer and the Service Provider. Use of the Service is otherwise permitted solely for the Customer’s own, non-commercial use.

4. OBLIGATIONS OF THE PARTIES

The Customer is obliged to ensure that the Customer’s EV and its settings comply with all the requirements laid down in applicable legislation, in regulatory provisions and in these Terms, as well as with the necessary technical requirements for accessing the Service. The Customer can check the requirements from the Service and from each Charging Point. When charging his EV, the Customer shall follow the instructions for use at each Charging Point.

The Service Provider is not responsible for any fault relating to the Service that should occur due to the Customer or a person using the Service on his behalf not fulfilling the requirements or failing to follow the instructions. The Service Provider is not obliged to pay compensation for the Customer’s failing to carry out a Charging Event correctly.

The Customer releases the Service Provider and all its employees, managers and those acting on its behalf from liability for all such actions and claims which are caused by the Customer’s own use of the Service.

The Service Provider endeavours to ensure that the Service is available to the Customer on a continuous basis and without disruptions. However, the Service Provider shall not guarantee an uninterrupted, timely or error-free operation of the Service. The Service Provider is not responsible for the accuracy of data or content, reliability, errors, deficiencies, inaccuracies or other defects in the Service. Neither does the Service Provider take responsibility for the accuracy of location information or for the operation of the Charging Device. The Service and its contents are offered to the Customer on an “as is” and “as available” basis.

5. INTELLECTUAL PROPERTY

The Service and its online service and contents, as well as the software, are the property of the Service Provider or its partners, and as such are protected by copyright laws and international copyright treaties.

All intellectual property rights of the Service and those relating to its content (such as copyright, registered and unregistered trademark- and design and model rights, domain names, patents, database rights and trade secrets) and their resulting goodwill value belong to the Service Provider or its partners. The Service Provider does not grant the Customer any direct or indirect rights to any intellectual property.

6. PROCESSING OF PERSONAL DATA AND COOKIES

The Service Provider processes the personal data relating to the Customer or his representative through the Service, including location information, in accordance with current personal data legislation permissions and obligations. The Customer is encouraged to become familiar with the Service Provider’s privacy statement, which contains more detailed information on the Service Provider’s processing of personal data. In addition, the Service Provider may process the Customer’s data anonymously for the purposes of analysis and development.

Among other things, cookies enable monitoring of the number of customers on the Service and other data relating to use of the Service. With the aid of the data collected it is possible to analyse activity on the Service, and thus improve the Service for the Customer. Additionally, it is possible to target to the Customer information that could be of interest to him both in the Service and externally, for example by means of retargeting.

7. PRICING AND INVOICING OF CHARGING EVENTS

Depending on the Charging Point, Charging Sessions may be free of charge or subject to a fee. Charging at a Charging Point is invoiced according to the pricing model of each Charging Point. The pricing models of the Charging Points can be found in the instructions for use of the respective Charging Point, or mobile app.

Charging Events are invoiced per Charging Sessions at the different Charging Points. Invoicing can be arranged as a one-off payment, by time period and/or by energy consumption, depending on the Charging Point and local regulations. The Customer himself should check the invoicing method of the Charging Point in question from the Service or from the instructions at the actual Charging Point. The Service Provider’s invoicing system works solely at Charging Points that are connected to the Service Provider’s Service. If the Customer uses Charging Points that are not connected to the Service, the Customer should refer himself to the body offering the charging services.

Invoicing of Charging Events takes place through the Service. The Customer is responsible for ensuring the operability and validity of his credit card or e-Wallet. The Customer may be liable for extra costs if the Service charge from the credit card or e-Wallet fails due to a fault on the part of the Customer.

iPay88 (M) Sdn Bhd (https://www.ipay88.com/), registered in Malaysia, is the company that acts as the payment brokerage service and payment service provider, in accordance with its own terms. Charging Events charged automatically on the basis of the card and e-Wallet details as given by the Customer. The Customer’s credit card and e-Wallet details are recorded with the Service Provider and on the iPay88 service.

By accepting these terms, the Customer also accepts iPay88’s terms (iPay88 Checkout User Terms of Service, Malaysia: https://www.ipay88.com/terminal-agreement/) and privacy policy (iPay88 Privacy Policy, Malaysia: https://www.ipay88.com/privacy-policy/).

8. CANCELLATION AND TERMINATION OF SERVICE

The Customer’s Right to Use the Service is valid until further notice.

The Customer is entitled to cancel the Service by notifying the Service Provider within fourteen (14) days of receipt of confirmation. However, the right to cancel is no longer valid insofar as the Service has been delivered and Charging Events have commenced before the end of the cancellation period.

Either party may terminate the Service by notifying the other party in writing with two (2) weeks’ notice. Should the Customer misuse the Service or otherwise commit an infringement of these terms, the Service Provider has the right to terminate the Service immediately and without prior notice.

9. AMENDMENTS TO THE TERMS

The Service Provider is entitled to make amendments to these terms, at its discretion, by notifying the Customer by email or through the Service online service two (2) weeks prior to the amendments coming into force. The amendments to terms of contract or pricing may not be unreasonable. The Customer is considered to have accepted the amendments made to the Terms when he uses the Service after the amendments have come into force.

10. INDEMNITY

Customer will fully indemnify Service Provider in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:

(a) any breach of these Terms by Customer;

(b) Customer’s use of the RExharge Network, the RExharge App and the Website; or

(c) Customer’s communications with RExharge.

11. WARRANTIES, CONSUMER GUARANTEES AND LIMITATION OF LIABILITY

Customer use of the RExharge Network, RExharge App and Website is at Customer own risk. RExharge services are provided on an ‘as is’ and ‘as available’ basis.

Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any service supplied by RExharge by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Malaysia Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.

Service Provider services come with guarantees that cannot be excluded under the Malaysian Consumer Law. For major failures with the service, Customer are entitled:

(a) to cancel Customer Account with Service Provider; and

(b) to a refund for the unused credit on Customer Account.

Service Provider will not be liable to Customer for any damage of any kind to your EV whatsoever, arising from a failure by Customer to exercise reasonable care or comply with the requirements of the EV manufacturer’s handbook or with Service Provider’s instructions. To the maximum extent permitted by law, you agree to hold Service Provider harmless against any liability, claims, proceedings, costs, expenses and damages which Service Provider may suffer or incur as a result of a failure by you to comply with one or more of the following: the EV manufacturer’s handbook, Service Provider’s instructions, or your obligations under any applicable laws and regulations.

Service Provider will not be liable to Customer for any loss or damage to Customer or Customer’s EV, indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with your use of the Service Provider’s Network, the App, the Website and all links to or from the Website unless, and to the extent that, such damage or loss is directly caused by:

(a) the gross negligence of Service Provider; or

(b) the fraud or wilful breach by Service Provider of any of its obligations under these Terms, provided that such loss or damage is reasonably foreseeable and is not caused by something beyond Service Provider’s control (including, for the avoidance of doubt, any act or omission of any third party, any force majeure event, any incompatibility of your EV with the EVSE, the enforcement of parking restrictions by law enforcement officials, or any breach by you of these Terms).

Subject to this clause 11, to the maximum extent permitted by law, you agree that the maximum aggregate liability of Service Provider for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of MYR 3,000.

12. APPLICABLE LAW AND DISPUTE RESOLUTION

Malaysian Law, with the exception of its conflict of law rules, will be applied to use of the Service and to these Terms.

The parties shall endeavour to resolve their differences primarily through negotiation. If no amicable settlement can be reached, the differences will be resolved at the Court of Malaysia. A Customer that is consumer may also take the dispute to the court determined according to his domicile, or to the Consumer Dispute Board to be resolved.

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