SIME DARBY Charging (SD Charging) Applications: General Terms and Conditions of Use

Please read these terms and conditions of use carefully before using this mobile application (the “App”). By accessing or using this App or any functionality thereof on any computer, mobile phone, tablet, console or other device (together “Devices” and each a “Device”), you confirm that you have read, understood and agreed to be bound by these Terms and Conditions of Use and any other applicable law. If you do not agree to these Terms and Conditions of Use, please do not access or use the App or any functionality thereof.

1. Owner and Operator Information

1.1. The App is owned, technically supported and operated by Sime Darby Motor Services Limited (“Sime Darby”).

1.2. For the purpose of these Terms and Conditions of Use, any reference to “Sime Darby”, “we” or “us” may be a reference to the Sime Darby group of companies in general, or to any one company within the Sime Darby group of companies if no useful purpose is served by identifying that specific company.

2. User Restrictions and Access

2.1. This App is intended for motorists only and may not be used by any person who is not legally entitled to drive a motor vehicle. It should not under any circumstances be accessed or used whilst driving.

2.2. In order to use this App, you are required to register and sign in as a Sime Darby member.

2.3. Be aware that the use of some of the functionalities of this App require access to the Internet.

3. Acceptable use

3.1. You may:
a. access any part of the App (Sime Darby customers will be able to access the key function(s) within the App); and

b. print off one copy of any or all of the pages for your own personal non-commercial use.

3.2. You may not:
a. copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any material contained in the App (including User Generated Content, unless it is your own User Generated Content that you legally post to the App or associated forum) except as set out under Clause 3.1 above. These restrictions apply in relation to all or part of the Content;

b. remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the App;

c. link to the App;

d. use the App (or any part of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, including viruses, or harmful data, into the App or any operating system;

e. use the App in a way which could damage, disable, overburden, impair or compromise Sime Darby’s systems or security or interfere with other users;

f. collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any part of the App; or

g. change or delete any ownership notices from materials downloaded or printed from the App;

h. circumvent or modify any App security technology or software, without Sime Darby’s express written consent.

3.3. Subject to Clause 3.2(c), if you wish to provide a hypertext or other link to this App, please email info@sdcharging.com.hk with details of:
a. the URL(s) of the web page(s) from which you are proposing to link to this App; and

b. the URL(s) of the web page(s) on this App to which you are proposing to link.

3.4. Sime Darby may, at its sole discretion, agree to or reject any request made in accordance with Clause 3.3 above. Sime Darby have no obligation to agree to any such request or to provide any reason for accepting to rejecting any such request.

4. Sime Darby Loyalty Program Terms and Conditions

If you have registered for the Sime Darby account and logged in to the App, then your use of the Sime Darby service will also be subject to the Sime Darby Terms and Conditions.

5. Mobile Services

The use of the App is for free but be aware that your carrier´s normal rates apply. The App contains services and features that are available to certain mobile devices. By using the App, you agree that we may communicate with you by electronic means to your mobile device and that certain information about your use of these services may be shared with Sime Darby. If you change or deactivate your mobile phone number, you have to immediately update your account information to ensure that we don’t send your messages to the person who acquired your old number.

6. Charging Service

6.1. The Electric Vehicle (EV) Charging Station is provided by Sime Darby for EV(s) which are properly licensed and certified by the Government of the Hong Kong Special Administrative Region or its duly authorised agents.

6.2. Users undertake to comply fully with the User Guide during the operation at the EV Charging Station.

6.3. Users are solely responsible to ensure that the charging is carried out safely, and to avoid any injury to any person or damage to property. In particular, users must ensure that:

6.3.1. the EV is in good and safe condition and suitable for use with the EV Charging Station;

6.3.2. the charging cable has been safely plugged into the EV charging port before charging;

6.3.3. the charging cable has been disconnected from the EV charging port before driving off.

6.4. The service is only applicable to EV with Type 2 and/or CCS2 charging plug.

6.5. Only EV can be parked at the designated EV parking spaces. Car park property management office reserves the right to impound, tow or remove any vehicle parked at the designated EV parking space including but not limited to EV that completed charging session(s) and/or stopped charging or other vehicles that occupies the EV parking spaces for EV charging.

6.6. Users shall indemnify all claims and liabilities for any damage to property or for injury or death of any person arising out of or caused by incorrect or unreasonable use of the EV Charging Station.

6.7. Sime Darby shall not be liable for any loss or damage to any motor vehicle or any of its accessories, fixtures, fittings or contents (whether such destruction or damage is caused by the negligence, omission, default or act of Sime Darby or any other party otherwise) at any time whilst such motor vehicle is in use of and/or after the use of the EV Charging Stations and/or SD charging system.

6.8. SD Charging provides a maximum output power, the actual charging power and charging speed may vary depending on factors such as the model of the electric vehicle, the supported voltage/current/power of the electric vehicle, the configuration inside the electric vehicle, the battery settings, and the state of charging of the battery. Users should stop using the EV Charging Station and the charging service immediately if any defect/malfunctioning of the EV Charging Station is noticed. Sime Darby assumes no undertakings, warranties, representations or guarantees to the quality, standard and function of the EV Charging Station. Sime Darby shall not accept any legal responsibility for any death, personal injuries and property damages, and Sime Darby shall not be liable for any direct and indirect consequences, caused by or arising from the use of the EV Charging Station. Upon choosing to use the EV Charging Station, users understand that they are responsible for all the risks and liability caused by or arising from its usage and shall not seek to claim any compensation from Sime Darby.

6.9. The EV Charging Station is available on first-come-first-served basis. Sime Darby does not guarantee the availability of EV parking spaces and/or EV charging system for EV owners and/or users.

6.10. Users agree that Sime Darby shall be entitled, at any time without prior notice, to restrict the use of the EV Charging Station or the EV charging system.

6.11. EV charging service is charged per 15-minute session (or part thereof). No refund will be made on any early cancellations of charging service. The charging time and fee in SD Charging system should prevail, considered to be final and conclusive. In the event that any losses occur due to technical issues or any other abnormal circumstances that prevent the system from completing charging transactions, Sime Darby shall not bear any responsibility.

6.12. If charging cable has not been disconnected within the charging time limit and/or grace period and vacate the EV parking space, users will be charged idle fee per minute (or part thereof).

6.13. Sime Darby reserves the absolute right to change or amend the terms and conditions from time to time without any prior notice. In the event of a dispute, Sime Darby reserves the absolute right of final decision on the interpretation of the terms and conditions.

7. User Generated Content (subject to availability)

7.1. “User Generated Content” is any content such as communications, information, messages, photographs, music, videos, designs, graphics, website links, data, profiles that you and/or other App users post or otherwise make available on or through the App, except to the extent that such content is owned by or licensed to Sime Darby.

7.2. You are solely responsible for your User Generated Content, your interactions with other users of the App and your activity on the App. You agree not to post any content or make any communications which may expose Sime Darby, or any of the App’s users to harm or liability of any type. You agree not to post or submit User Generated Content, or a link to a website, which, is illegal, fraudulent, deceptive, misleading, libellous, infringing, harassing, hateful, threatening, abusive, pornographic, offensive in a sexual, racial, cultural or ethnic consent or is otherwise objectionable.

7.3. You confirm that you own or control all rights in any User Generated Content that you post or submit on or through the App. You agree not to submit User Generated Content unless you are the owner or have permission of the owner to post such User Generated Content. You confirm not to post photos or videos of another person or showing another person without that person´s permission.

7.4. Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to Sime Darby a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner of media now or later developed for any purpose, commercial, advertising or otherwise, including the right to translate, display, reproduce, modify, create derivative work, sub-license, distribute, assign and commercialize without any payment due to you.

7.5. Should any part of this App offer you the opportunity to join in or read from a forum, please be aware that any communications posted on the forum represent the views of the individual who posted such communication and are not to be taken as the views of Sime Darby.

7.6. Do not use this App or any functionality thereof for any commercial purpose.

7.7. Do not post any User Generated Content that includes “junk mail”, “chain letters”, “pyramid schemes” or other forms of solicitation. Do not use automated scripts to collect information from this App.

7.8. Do not provide any false personal information about yourself. You confirm not to create more than one Sime Darby account, create a Sime Darby account on behalf of another individual, group or entity, or transfer your profile or account. Do not use or try to use another person’s account, username or password.

7.9. Sime Darby reserve the right to monitor any information transmitted or received through any forum provided, and, at its sole discretion and without prior notice, to review, remove or otherwise block any material posted.

7.10. Sime Darby have no obligation to pre-screen, monitor, edit or remove User Generated Content and assumes no responsibility for User Generated Content, even where it chooses to carry out pre-screening, monitoring, editing or removal of User Generated Content.

8. Indemnification

8.1. You agree to indemnify, defend and hold harmless Sime Darby, its affiliates, officers, directors, employees, agents, licensors, suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs arising from or relating in any way to your User Generated Content, your use of Content, your use of the App or any violation of these Terms and Conditions of Use, any law or the rights of any third party.

9. Security

9.1. Subject to availability, if you choose or are provided with a username, password or any other piece of information as part of Sime Darby’s security procedures, you must treat such information as confidential and you must not disclose it to any third party nor allow any unauthorized person access to the App under your username and/or password. You are responsible for any actions that take place while using your App account or while using the App via your Device. Sime Darby are not responsible for any loss that results from the unauthorized use of your username and/or password, with or without your knowledge.

10. Intellectual Property Rights (“IPR”)

10.1. All intellectual property contained in or on the App (except for User Generated Content) is owned by Sime Darby or its licensors. All content in the App (except for User Generated Context) including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features and all other content (“Content”) is a collective work under applicable copyright laws and is the proprietary property of Sime Darby. SD Charging reserves all of its rights in respect of the IPR contained in the App and in respect of the Content.

10.2. In particular, this App contains trademarks including, but not limited to, the mark ” Sime Darby” and the Sime Darby emblem. All trademarks included on this App are owned by Sime Darby or its licensors. Sime Darby reserves all of its rights in respect of the trademarks included on this App.

10.3. Nothing in these Terms and Conditions of Use shall be interpreted as granting to you any license of IPR owned by Sime Darby or its licensors.

11. Data Protection and Privacy Policy

11.1. Personal details and other information relating to you provided to any Sime Darby company through this App will only be used in accordance with our Privacy Policy. Please read this carefully before continuing. By downloading the App you are consenting to use of this information in accordance with our Privacy Policy, which is incorporated into these Terms and Conditions of Use by this reference.

12. Disclaimer and Liability

12.1. You are responsible for the accuracy of the information that you enter or submit into the App. While Sime Darby do its best to ensure that any information provided as part of this App is correct at the time of inclusion on the App, Sime Darby cannot guarantee the accuracy of such information.

12.2. To the fullest extent permitted by law, Sime Darby disclaim all warranties, express or implied, regarding the operation and use of the App. You understand and agree that you use the App at your own risk and that you are solely responsible for your use and for any damage to the device through which you access the App, loss of data or any other harm of any kind which may result from downloading, accessing or using the App.

12.3. To the fullest extent permitted by law, Sime Darby shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with either your use of this App, or for your reliance on any information or advice contained in the App for:
a. loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;

b. losses caused by business interruption;

c. loss of goodwill or reputation;

d. loss or corruption of data, information or software; or

e. any indirect, special or consequential cost, expense, loss or damage suffered by you in connection with your use of the App or any materials posted on it, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or Sime Darby.

12.4. Nothing in these Terms and Conditions of Use shall limit or exclude Sime Darby’s liability for death or personal injury caused by Sime Darby’s negligence or for fraud or fraudulent misrepresentation.

13. External websites and applications

13.1. The App may include links to external websites or applications. When you follow such links the external website or application may appear as a full screen (in which case you will need to use the Device button to return to this App) or in some cases it may appear within the frame of this App (in which case you will be able to return to this App by using the navigation buttons within the frame or this App). These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes. Sime Darby are not responsible for the owners or operators of these applications or websites or for any goods or services they supply or for the content of their websites or applications and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application to which this App includes a link infringes the intellectual property rights of any third party).

14. Changes to/operation of the App

14.1. Sime Darby may change the format and content of all or any part of this App at any time, including but not limited to removal of features or functionalities in the App.

14.2. Sime Darby may suspend the operation of this App, or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.

14.3. Updates to the App may be issued from time to time through the Appstore or Google Play. Depending on the update, you may not be able to use all or part of the App until you have downloaded the latest version of the App and accepted any new terms.

15. Transfer of Rights

15.1. Sime Darby may transfer its rights and obligations under these Terms and Conditions of Use to any affiliate of Sime Darby. Any such transfer will not affect your rights or Sime Darby’s obligations under these Terms and Conditions of Use.

16. Complaints Procedure

16.1. If you have a question or complaint about this App, please email info@sdcharging.com.hk.

17. Severance

17.1. Each of the Clauses or sub-clauses of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses or sub-clauses will remain in full force and effect.

18. Termination

18.1. Sime Darby reserve the right in its sole discretion to terminate your account and/or access to this App or any functionalities thereof, delete your profile and/or restrict your use of all or any part of the App at any time, for any or no reason, without notice and without liability to you or anyone else. Sime Darby also reserve the right to prevent access to the App or any of its functionalities or features.

18.2. After any line of action subject to Clause 18.1 you are not allowed to create a new account to circumvent the termination, deletion or restriction.

18.3. You understand and agree that some of your User Generated Content may continue to appear on or through the App or may persist in backup copies for a reasonable period of time even after your account and/or access to the App is terminated.

18.4. These Terms and Conditions of Use remain in effect after your account and/or access to the App is terminated.

19. Changes to these Terms and Conditions of Use

Sime Darby may change these Terms and Conditions of Use at any time without notice, effective upon posting the amended Terms and Conditions of Use to the App. In the event that the Terms and Conditions of Use are amended, you will be asked to accept those revised Terms and Conditions of Use when you next use the App. Any use of the App thereafter will be on the basis of those revised Terms and Conditions of Use.

20. Jurisdiction

These Terms and Conditions of Use are governed by and to be interpreted in accordance with the laws of Hong Kong and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the App the courts of Hong Kong will have non-exclusive jurisdiction over such dispute.