Network Terms & Conditions
1 Your acceptance
1.1 These are the terms and conditions (Terms) on which ChargeN’Go SDN. Bhd. 130386-P (referred to as ChargeN’Go, we, our or us) permits users (referred to as you or your) to:
(a) use the ChargeN’Go open-platform network of electric vehicle charging stations (Charging Stations), including all electric vehicle service equipment (EVSE), the electric vehicle charging applications it delivers, and all support network infrastructure and services supplied by ChargeN’Go in respect of the Charging Stations (ChargeN’Go Network); and
(b) access and use the ChargeN’Go Mobile App which provide data in respect of the ChargeN’Go Network (ChargeN’Go App) and the ChargeN’Go website, located at chargengo.co (Website).
1.2 You agree to be bound by these Terms when you:
(a) apply for a subscription to use the ChargeN’Go Network;
(b) use any piece of EVSE located at a Charging Station; or
(c) use, browse or access any part of the ChargeN’Go App or Website.
1.3 If you access a Charging Station using an electric vehicle (EV) which does not belong to you, the act of doing so will also bind the owner of the EV you are driving and warrant your authority to do so.
1.4 ChargeN’Go may from time to time review and update these Terms to take account of new laws, regulations, products, technology or other relevant changes in circumstances. Your use of the ChargeN’Go Network, ChargeN’Go App and Website will be governed by the most recent Terms posted on the Website. By continuing to use the ChargeN’Go Network, ChargeN’Go App or Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2 Registering an Account
2.1 You may be required to register an account in order to use the ChargeN’Go Network (Account).
2.2 You warrant that all information and data provided by you in the registration process is accurate, complete and up to date. You will promptly inform ChargeN’Go if there is any subsequent change to this information or data.
2.3 By registering an Account, you warrant to us that:
(a) you are authorised and have full power and capacity to register and control all EVs whose VINs are associated with your Account and will notify ChargeN’Go in the event that you are no longer authorised to register or control an EV so that the VIN can be removed from your Account; and
(b) you are at least 18 years of age and possess the legal authority to enter into, and use the ChargeN’Go Network, the ChargeN’Go App and the Website in accordance with, these Terms.
2.4 You agree to be financially responsible for all of your use of the ChargeN’Go Network (as well as for use by others of the ChargeN’Go Network to charge your EV), and to pay all applicable fees for access to a Charging Station initiated by you or attributed to an EV which is associated with your Account. In particular, you agree to:
(a) promptly review your payment method statement (such as your credit card statement) and notify ChargeN’Go customer service in writing of any questions regarding fees. Fees not questioned by this method within 30 days of the applicable statement date will be deemed valid; and
(b) promptly update your account information with any changes to your name, email address, mailing address, telephone number and any applicable credit card information. Account information can be updated by contacting ChargeN’Go at ChargeN’Go.com or through the ChargeN’Go App or the Website (if applicable).
2.5 In the event that payment on your credit card or other payment method is declined, ChargeN’Go may terminate your account and, in the case of any outstanding balance, institute collection proceedings in order to collect any unpaid balance and, at ChargeN’Go’s sole option, any fees, costs or other expenses incurred by ChargeN’Go in connection with its collection efforts.
3 Provision of Charging Stations
3.1 ChargeN’Go may, from time to time, make available the Charging Stations for use by Account holders to charge their EV. However, we reserve the right, at our absolute discretion and at any time, to refuse or suspend access to any or all Charging Stations to any person (including but not limited to any person found to be in breach of these Terms).
3.2 ChargeN’Go may suspend the use of the ChargeN’Go Network, or any Charging Station or EVSE, at any time without notice, including, if:
(a) one or more piece of EVSE equipment requires maintenance or upgrading;
(b) we have a reasonable belief that the ChargeN’Go Network is being used unethically, unlawfully or contrary to any law or regulation; or
(c) provision of the ChargeN’Go Network is disrupted or prevented as a result of an event outside ChargeN’Go’s reasonable control or for safety reasons.
3.3 ChargeN’Go does not guarantee, and is under no obligation to ensure, the availability, compatibility with your EV, or performance of Charging Stations, nor does it promise to provide an uninterrupted electricity supply to Charging Stations. ChargeN’Go cannot guarantee that connecting your EV to one of our Charging Stations will result in a successful and timely recharge of your EV’s battery or batteries.
3.4 ChargeN’Go aims (but owes you no obligation) to keep Charging Stations free from any faults, errors or defects. If there are any faults or you have any issues with any Charging Station, please contact us as soon as possible. You can call our customer services team at +60 3 7625 5180 or contact us online at chargengo.co or email email@example.com
5 EVSE Idle Fee
5.1 You agree that you will remove your EV from a Charging Station promptly once it is charged and ensure that access to the EVSE and Charging Station is cleared to allow other users to use the EVSE and Charging Station.
5.2 You acknowledge that you may incur an idle fee for the time your EV remains parked in a charging stall after it is finished charging. To avoid idle fees, we recommend you monitor your EV while using a Charging Station and use the ChargeN’Go App to track your EV’s charge status.
6 Use of ChargeN’Go App
6.2 You are responsible for all use of the ChargeN’Go App under your Account name.
7 Content of ChargeN’Go App and Website
7.1 The ChargeN’Go App and Website are owned and operated by or on behalf of ChargeN’Go.
7.2 All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, trademarks, logos, service names and trade names of ChargeN’Go, images of people or places or other content (Content) contained in the ChargeN’Go App, on the Website or otherwise provided to you by ChargeN’Go are owned or licensed by ChargeN’Go.
7.3 The Content in the ChargeN’Go App and on the Website and any other information provided to you is for general information purposes only. You acknowledge and agree that, while ChargeN’Go has attempted to provide accurate information through the ChargeN’Go App and on the Website, such information may change frequently and in no event will ChargeN’Go be responsible for the accuracy, usefulness or completeness of the Content in the ChargeN’Go App and on the Website, nor does it warrant that any such Content is the most current version thereof. ChargeN’Go does not warrant or make any representations as to any third party products or services described or referred to in the ChargeN’Go App, on the Website or otherwise. Any use of the Content by another person or organisation is at the user’s own risk.
7.4 The Content in the ChargeN’Go App and on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content in the ChargeN’Go App or on the Website is not an endorsement of any organisation, product or service.
7.5 ChargeN’Go may modify any information in the ChargeN’Go App or on the Website (including Content) at our absolute discretion for any reason, without notice. All updates and modifications to the ChargeN’Go App or the Website (including Content) will be subject to these Terms.
7.6 If you have a complaint regarding any Content in the ChargeN’Go App or on the Website, ChargeN’Go’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
8 Links on the Website
8.1 The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for their content or accuracy. ChargeN’Go provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe.
9 Access to ChargeN’Go App and Website
9.1 ChargeN’Go does not warrant that you will have continuous access to the ChargeN’Go App or Website. ChargeN’Go will not be liable if the ChargeN’Go App or Website are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
9.2 ChargeN’Go does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
9.3 Whilst ChargeN’Go takes reasonable precautions to protect information transmitted via the ChargeN’Go App and Website, ChargeN’Go cannot and does not guarantee the security or confidentiality of these communications or the security of the ChargeN’Go App or Website.
9.4 ChargeN’Go does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the ChargeN’Go App or Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
You will fully indemnify ChargeN’Go 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 you;
(b) your use of the ChargeN’Go Network, the ChargeN’Go App and the Website; or
(c) your communications with ChargeN’Go.
11 Warranties, consumer guarantees and limitation of liability
11.1 Your use of the ChargeN’Go Network, ChargeN’Go App and Website is at your own risk. ChargeN’Go’s services are provided on an ‘as is’ and ‘as available’ basis.
11.2 Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any service supplied by ChargeN’Go 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.
11.3 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.
11.4 Our services come with guarantees that cannot be excluded under the Malaysian Consumer Law. For major failures with the service, you are entitled:
(a) to cancel your Account with us; and
(b) to a refund for the unused credit on your Account.
11.5 ChargeN’Go will not be liable to you for any damage of any kind to your EV whatsoever, arising from a failure by you to exercise reasonable care or comply with the requirements of the EV manufacturer’s handbook or with ChargeN’Go’s instructions. To the maximum extent permitted by law, you agree to hold ChargeN’Go harmless against any liability, claims, proceedings, costs, expenses and damages which ChargeN’Go 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, ChargeN’Go’s instructions, or your obligations under any applicable laws and regulations.
11.6 ChargeN’Go will not be liable to you for any loss or damage to you or your 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 ChargeN’Go Network, the ChargeN’Go 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 ChargeN’Go; or
(b) the fraud or wilful breach by ChargeN’Go of any of its obligations under these Terms, provided that such loss or damage is reasonably foreseeable and is not caused by something beyond ChargeN’Go’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).
11.7 Subject to this clause 11, to the maximum extent permitted by law, you agree that the maximum aggregate liability of ChargeN’Go 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 Termination of your Account
12.1 ChargeN’Go may at any time immediately terminate your Account, including restricting access to the ChargeN’Go Network, the ChargeN’Go App or any feature of the ChargeN’Go App or the Website, for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
12.2 You may terminate your Account at any time by providing ChargeN’Go with written notice.
12.3 Following any termination, you will remain responsible for any and all unpaid fees and charges associated with your Account. If such unpaid fees and charges are not promptly remitted, you may become liable for additional service charges, fees or penalties, and you may be subject to collection actions for any unpaid balance.
14 Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of Malaysia. You submit to the exclusive jurisdiction of the courts of Malaysia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
16 Contacting us
If you have questions about the ChargeN’Go Network, the ChargeN’Go App, the Website or these Terms, please contact us. Our contact details can be found on our Website.