4. Permitted Use
4.1 The End User must handle the Charge Card and the Public Charge Points in a proper manner and with due care, use them in accordance with the Safety Instructions and refrain from any Unauthorised Use thereof;
4.2 If the End User discovers damage, defects or irregularities of a Public Charge Point when using it, the Customer must notify the Licensor of this as soon as possible;
4.3 If the End User attempts to rectify a fault on a Public Charge Point or arranges its rectification itself, in no way whatsoever is the Licensor liable for the resulting damage;
4.4 The Licensor does not give any guarantee regarding the extent of the Licensor Network or the proper operation, uninterrupted electricity supply, reduction, delay or failure of electric service, availability and accessibility of Public Charge Points;
4.5 Use of the Public Charge Points in the Licensor Network is subject to the conditions of the location of the Public Charge Point concerned. The End User is obliged to familiarise itself with these conditions and adhere to them. If the End User fails to do so, or fails to do so properly, the Customer is then in default in the fulfilment of its obligations towards the Licensor under this Contract;
4.6 The use of Public Charge Points must be fair and reasonable and must not be excessive. If it is found that the usage is unfair, unreasonable or excessive, the Licensor reserves the right to suspend, modify and/or restrict the Customer’s access to any or all Public Charge Points;
4.7 The Licensor is entitled to remove one or more Public Charge Points from the Licensor Network and/or to deny any further access to a Public Charge Point without prior notice and without any obligation towards the Customer at any time;
4.8 The Customer guarantees to the Licensor that the Personal Information provided are valid, complete and correct and that the Licensor is immediately notified of any changes in these details via Smartphone App, Website or email to email@example.com;
4.9 The End User shall not use the Charge Card and Public Charge Points or any part thereof:
4.9.1 Other than for the Permitted Use;
4.9.2 In such a way as to cause damage to the Charge Card and Public Charge Points or to the reputation of the Licensor and/or the Licensor Network;
4.9.3 In such a way that will or might wholly or partly vitiate any insurance in respect of the Public Charge Points;
4.9.4 To offend against any present or future law, ordinance, regulation, order, or by-law of any competent government or public authority or quasi-public authority having jurisdiction over the location of the Public Charge Point or affecting the conducting of the Permitted Use.
5. Smartphone App
5.1 The Smartphone App is provided free of charge and can be downloaded to an Apple smartphone. The Smartphone App shows which Public Charge Points are available to provide Charging Services and Other Services in real time.
5.1 In the event of any conflict or inconsistency, between the Smartphone App, this General Terms and Conditions, the Website, or in any document or instrument, the terms and provisions on the Website, as amended from time to time, shall prevail and be given priority.
6.1 The Customer agrees to protect, defend, hold harmless and fully indemnify the Licensor against any losses, claims, action, proceedings, demands, damages, costs, expenses or other liability arising in any way from this Contract or the carrying out of the Permitted Use, or to any damage that is wholly or partly due to Unauthorised Use by or on behalf of the Customer or the End User or for damage that has been caused in part due to the End User’s failure to comply with the applicable Safety Instructions, with any other regulation for the Public Charge Point concerned or the Electric Vehicle concerned or other relevant regulations;
6.2 The Customer is jointly and severally liable to the Licensor for all damage, including but not limited to injury to, or death of, the Customer or any third party, or for any losses, claims, demands, actions, proceedings, costs or expenses or other liability incurred, resulting from acts and/or omissions of third parties to whom the Customer has given consent or to whom the Customer has actually enabled to use the Charging Services or Other Services as if they were an act and/or omission of the Customer itself. The Customer indemnifies the Licensor against all damage, including all reasonable costs incurred, that the Licensor or the Licensor Network sustains or might sustain as a result of these acts and/or omissions and any third-party claims connected with situations in which the Customer is liable as described in this clause.
7. Force Majeure
The Licensor is not liable nor obliged to fulfil any obligation in the event of force majeure which includes, but are not limited to, war, crime, act of God, internet faults, electricity supply faults, email traffic faults and faults or changes in technology supplied by third parties, transport difficulties, strike action, and government measures.
8. Term and Termination
8.1 The term of the Contract is until further notice and can be terminated by either party any time for convenience on not less than ten (10) Calendar Days prior written notice to the other party and will not affect the Licensor’s rights and remedies for any prior claim or breach of any obligation.
8.2 This Contract may be ended by the Licensor with immediate effect at any time following the Customer’s breach of its obligations in this Contract and where such breach is capable of being remedied, it has not been remedied within twenty-four (24) hours of written notice by the Licensor of the breach, including but not limited to:
8.2.1 Customer not meeting its payment obligations or there is a delay in payment of more than fourteen (14) days;
8.2.2 Customer uses the Charging Services and/or Other Services contrary to their obligations in this Contract;
8.2.3 Licensor has cause to suspect that the Charging Services and/or Other Services are being misused;
8.3 The termination of the Contract does not affect the existing legal consequences with respect to the Charging Services and/or Other Services that has already been availed by the Customer.
9.1 Unless compelled by the applicable legislation, the Licensor does not share the Customer’s Personal Information with the exception of third party service providers only as needed, including but not limited to, processing payment transactions, fraud prevention, support and assistance, performance of their functions, etc.
9.2 By providing the Personal Information, the Customer consents such collection and usage of Personal Information as set out in clause 9.1.
10. Other Provisions and Governing Law
10.1 The Licensor is entitled to change the content of the Charging Services and/or Other Services, the tariffs and the General Terms and Conditions unilaterally at any time. Changes take effect on the date of their publication on the Website or the Smartphone App, unless otherwise stated, and supersede the General Terms and Conditions and/or tariffs applying until then. Changes in the General Terms and Conditions also apply in respect of current Contracts. If the Customer is unwilling to accept a change applying to it, the Customer can cancel the Contract subject to thirty (30) days’ written notice, unless the change is only a minor amendment of the General Terms and Conditions;
10.2 This Contract shall be governed by and construed in accordance with the laws of the Emirate of Dubai and the applicable Federal laws of the United Arab Emirates;
10.3 If in the event of any changes to any laws applicable to this Contract or any regulations or by-laws of any local or other duly constituted authorities or in respect to the introduction of any such laws, (including but not limited to VAT, minimum wage increase, municipality related expenses, etc.) during the License Period, the changes required shall be charged to the Customer plus all related direct costs from effective date of said change.