EVWave App – Terms of Service
We may revise and update this Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of the revised Agreement means that you accept and agree to the changes. We encourage you to check this Agreement often for updates and changes.
“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you are authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you are accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
We may limit your access to our Services until we are able to verify your account information, like your email address.
When you create an EVWave app account, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (e.g., marketing). If you are not interested, you can opt out of such communications, whether it’s an email, phone call, or text message.
You are solely responsible and liable for all activity under your account. You are also fully responsible for maintaining the security of your account (which includes keeping your password secure). We are not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions.
Do not share or misuse your access credentials and notify us immediately of any unauthorized uses of your account, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.
Minimum Age Requirements
Our Services are not directed to children. You are not allowed to access or use our Services if you are under the age of 18. If you register as a user or otherwise use our Services, you represent that you are at least 18 years of age. You may use our Services only if you can legally form a binding contract with us. In other words, if you are under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
Responsibility of Visitors and Users
We have not reviewed all of the content (e.g. text, photo, video, audio, code, computer software, items for sale, and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We are not responsible for any use or effects of Content or third-party websites. For example:
- We do not have any control over third-party websites or mobile application.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website or mobile application.
- We do not endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You are fully responsible for the Content you consume, and any harm resulting from that Content. It is your responsibility to ensure that the Content you consume abides by applicable laws and by the Agreement.
- We are not responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites or mobile application. You are responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that is for sale through any of our Services is the seller’s sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
The clauses set forth in this Section relates to the use of EVWave charging stations. It is your responsibility to ensure that EVWave chargers are in good working condition and not damaged upon your use.
For the avoidance of doubt, upon use of EVWave charging stations, it is your responsibility to ensure that the charging stations will be fit for charging for other users. You are obliged to disconnect the cable or connector from your electric vehicle and place it back to its original designated area. You are also obliged to leave the parking bay to enable other users to access our chargers. By accepting this Agreement, you accept that you will be liable for any improper conduct or damages to our charging stations. This includes any forgone charging revenue as a result of your improper conduct.
Host Property Restrictions
EVWave charging stations may be located and hosted on a third party’s property (such third party is referred to as a “Host”). As such, you agree to observe and obey all rules set by Hosts pertaining to their property and the use of EVWave charging stations on such Host properties, including, but not limited to, general customer or visitor conduct, parking restrictions, parking time limitations, and hours of operation. You are solely responsible for any damage, fees, penalties or loss caused by your noncompliance of any Host rules.
Prohibition of Home-Built Electric Vehicles, Modified Vehicles, and Modified Chargers
EVWave only allows you to use standard, industry-manufactured, recognized and certified electric vehicles with EVWave’s network and charging stations, and/or in connection with the Services and these Terms. EVWave prohibits the use of all home-built electric vehicles, home-built onboard chargers, and vehicles that contain modified chargers (“Unauthorized Vehicles and Chargers”). You understand, accept, and agree to fully comply with these terms. You also agree to accept all liability for any and all loss, harm, or damage experienced by you or any other party caused by your use of Unauthorized Vehicles and Chargers in connection with EVWave’s chargers, network, or with the Terms and Services identified herein. Finally, you agree to indemnify, defend, and hold EVWave harmless for any damage experienced by any party that is caused by your failure to comply with these terms.
Services for Personal Use Only
Unless otherwise agreed to by EVWave in signed writing, you shall not in any manner, directly or indirectly, resell or allow your account, the Services or any EVWave equipment to be used by another person or entity.
You understand that use of the Services may result in charges to you for the services or products you receive (“Charges”). Details of Services, pricing for such Services, and any supplemental terms offered by EVWave are located in your EVWave app account. Please login to your EVWave app account for further information.
EVWave reserves the right to establish and revise pricing of our Services, including membership fees and time or usage-based rates, at any time in EVWave’s sole discretion. Further, you acknowledge and agree that some aspects of the pricing of our Services are based on certain geographical areas, and, therefore, pricing may vary according to the location of the EVWave charging station. You may view current pricing on the EVWave phone application. EVWave will use reasonable efforts to inform you of material changes in pricing that may apply to you, provided that you will be responsible for Charges incurred under your account regardless of your awareness. All Charges paid by you are final and non-refundable, unless otherwise determined by EVWave.
EVWave 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 Charges applied to you.
All purchases are final and non-refundable except as provided under these Terms or as may be required under applicable law. If you dispute a credit card charge directly with your credit card company, your account may be suspended for the pendency of the dispute.
Billing & Payment
Payment for Subscription
You agree to pay the Subscription Fee by credit or debit card payment (“Credit Card”).
You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
EVWave may vary the Subscription Fee at any time during the Term and the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
Pay Per Use Model
Where you have not purchased a Subscription or if the Subscription model is not available, you acknowledge that use by subscription may not apply and you agree to our Pay Per Use Model.
EVWave reserves the right to charge your Credit Card on file for all power used by the charging station.
EVWave reserves the right to alter this pricing model but asserts that any changes will be communicated to you EVWave application and/or by contacting you directly using the phone number or email address you have provided in your customer profile.
You agree that you will be solely responsible for paying all direct or indirect federal, state and local taxes, duties, levies, premiums, fees and other assessments of any kind even if EVWave is required by law to collect and remit to the applicable governmental authority with respect to your use of the Services (including any charging station, if applicable) that EVWave provides to you, together with all interest, penalties or other additional amounts imposed thereon, including, without limitation, any gross receipts, sales, consumption, use, value added, commercial activity or other privilege, property, road or other transportation tax or any other taxes of any kind whatsoever imposed by any governmental authority. These charges may change from time to time without advance notice. Tax exemptions for the Services will require a valid exemption certificate. Tax exemptions will not be applied retroactively.
Any emissions reductions, Carbon Credits and other carbon abatement rights or activities whatsoever which are generated by the use of the Services and our charging infrastructure, are hereby assigned to and vested in EVWave (or persons nominated by EVWave).
You agree that EVWave (or persons nominated by EVWave) will be the sole owner of such emissions reductions, Carbon Credits and related rights and the project proponent under any relevant Carbon Credit Scheme, and that EVWave may utilise them as they see fit, including in connection with any Carbon Credit Scheme or by assignment or sale to any third party. You agree to take any action reasonably necessary to effect the assignment or to provide for the creation and vesting of Carbon Credits, emission reductions or related rights to us (or persons nominated by us) and not to take any action that would create a third party interest, ownership, encumbrance or other restriction in respect of such Carbon Credits, emission reductions or related rights.
For the purposes of the above clause regarding carbon abatement:
(a) Carbon Credit means any right, interest, unit, credit entitlement, benefit or allowance to emit (at present or in the future) greenhouse gas or carbon emissions under any Carbon Credit Scheme; and
(b) Carbon Credit Scheme means any voluntary, regulatory or legal regime, scheme or arrangement arising from or in connection with any removal, limitation, reduction, avoidance, abatement, offset, sequestration or mitigation or conservation of carbon dioxide or GHG emissions or equivalence from the atmosphere, including the creation, transfer, renewal, replacement or variation of any associated Carbon Credits.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we are free to use them without any restriction or compensation to you.
General Representation and Warranty
In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations;
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not infringe or misappropriate the intellectual property rights of ENERGREEN TECH SDN BHD or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
The Agreement does not transfer any EVWave or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between EVWave and you) solely with EVWave. EVWave all other trademarks, service marks, graphics, and logos used in connection with our Services are trademarks or registered trademarks of EVWave (or EVWave’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services does not grant you any right or license to reproduce or otherwise use any EVWave or third-party trademarks.
While using the Services, you may enable, use, or purchase services, products, software, embeds, or applications provided or manufactured by a third party (“Third-Party Services”).
If you use any Third-Party Services, you understand that:
- Third-Party Services are not vetted, endorsed, or controlled by EVWave.
- Any use of a Third-Party Service is at your own risk, and we will not be responsible or liable to anyone for Third-Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account.
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we will provide notice of the changes, such as by posting the amended Terms and updating the “Last Updated” date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we have notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username or, (ii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a subscription service, you can cancel at any time, subject to the Billing & Payment section of these Terms.
Our Services are provided “as is.” EVWave and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither EVWave, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of Malaysia, excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Malaysia, or in any other jurisdiction as deemed appropriate by EVWave. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
Limitation of Liability
The limitations of liability set forth in this Section apply to any acts, omissions, and negligence of EVWave and its underlying third-party service providers, agents, suppliers, distributors, licensors and business partners (and their respective officers, employees, agents, contractors or representatives).
In no event will EVWave, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages, including any vehicle damages, theft of personal belongings, or voltage fluctuations in the electrical network; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for the fees paid by you to EVWave under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. EVWave shall have no liability for any failure or delay resulting from any circumstances, whether reasonably foreseen or not. The foregoing shall not apply to the extent prohibited by applicable law.
Charging Services or Equipment
By accepting this Agreement, you waive all claims against EVWave for interference, disruption, or incompatibility between the charging station or the Services and any other service, systems, equipment or your vehicle. In the event of such interference, disruption, or incompatibility, your sole remedy shall be to terminate the services in accordance with Termination section.
For the avoidance of doubt, EVWave shall not be liable for any inconvenience, loss, liability, or damage resulting from any interruption or failure of the Services, directly or indirectly caused by, or proximately resulting from, any circumstances, whether reasonably foreseen or not. This includes damages to vehicle batteries, charging ports or charging cables.
Software or Cloud Services
By accepting this Agreement, you accept that neither EVWave nor its affiliates, suppliers, employees, agents, contractors, distributors, licensors or business partners shall have any liability whatsoever for any damage to or loss of any hardware, software, files, or data resulting from a virus, any other harmful feature, or from any attempt to remove it.
You agree to indemnify and hold harmless EVWave, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between EVWave and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
EVWave may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.