EVSE’s Terms and Conditions

1. This Terms and Conditions set out the terms and conditions that are binding on both you and EVSE. You are encouraged to review this Terms and Conditions before you acknowledge and sign the Acceptance found above.

2. By signing the Acceptance found above, you are deemed to have read, understood and agreed to be bound by such terms and conditions set out herein and EVSE’s Privacy Policy.

3. In the event of any conflict between this Terms and Conditions and EVSE’s Privacy Policy, this Terms and Conditions shall prevail.

(A)  Product description

4. “Products” mean EV charging stations and EV charging accessories such as portable charger and EV connectors.

5. EVSE endeavour to display the images, description of the Products (including details, price and inventory amount) and other content on EVSE’s digital content, webpage and/or eCommerce store as accurately as possible.

6. However, EVSE do not guarantee that the images displayed, description of the Products (including details, price and inventory amount) and other content on EVSE’s digital content, webpage and/or eCommerce store are complete, reliable, accurate and up-to-date.

7. EVSE reserve the right to amend the images, description of the Products, and other content on EVSE’s digital content, webpage and/or eCommerce store (and such other digital content that EVSE may create) from time to time without any prior notice.

(B)  Purchase order

8. Only persons above 21 years old or corporate entities may make and submit an order for purchase of Product(s).

9. All purchase orders that are received by EVSE are subject to EVSE’s acceptance and delivery of the Product(s) to you. EVSE reserve the right to reject, cancel or suspend any purchase order for any reason whatsoever prior to the delivery and installation of EVSE’s Product by giving you at least two (2) days’ notice in advance. EVSE is not obliged to provide any reason(s) for such rejection, cancellation or suspension of the purchase order.

10. In the event of a rejection, cancellation or suspension of the purchase order, EVSE shall refund to you such amount paid and received by EVSE PROVIDED THAT such amount does not exceed the price of the Product that was paid by you.

11. Cancellation or suspension of a purchase order by you is strictly not allowed once the purchase order has been made and submitted to EVSE.

(C)  Payment

General

12. All prices quoted are in Singapore Dollars with GST. It excludes delivery and installation fees (except for subscription plan(s)).

13. Delivery is free for purchase order that is above $1,000 and made to a single location within Singapore. Where delivery to multiple locations within Singapore is required, EVSE will charge a fee of $100 per location. This request for multiple locations shall be set out in your purchase order to EVSE.

14. Save for the free installation of EV charging station covered under a subscription plan, normal installation of EV charging station is based on a fixed price and you can find more information on this at EVSE’s digital content and/or webpage under the tab “Fixed work scope”. However, where before or during the installation of the EV charging station at your premise, it is deemed by EVSE’s contractors that additional scope of work is required (due either to your premise’s condition or made at your request), EVSE’s contractors will present a separate quotation to you. EVSE’s contractors will only proceed with the installation of the EV charging station at your premise after you have approved the said separate quotation.

15. Save for the agreed subscription plan fee, the prices of EVSE’s Products are subject to change without any prior notice. EVSE reserve the right to withdraw any offer and/or amend any discrepancies, errors or inaccuracies in the pricing at any time.

16. Where any discrepancy, error or inaccuracy in the pricing of a Product is discovered by EVSE after you have submitted the purchase order, EVSE will contact you and inform you of the same. You shall have the right to choose to either proceed with the purchase order at the correct price or terminate the purchase order that you have submitted.

For individuals

17. Payment for EVSE’s Product(s) must be made in full and can be made using credit cards (e.g. VISA, Mastercard or otherwise), cheque or cash, whichever is applicable, upon confirmation of the purchase order.

18. Please check with EVSE if you require payment to be made through other mode(s) of payment. Acceptance of such other mode of payment is in EVSE’s absolute discretion.

19. Where your purchase order is cancelled by EVSE or by yourself pursuant to Section B, EVSE will refund you by cheque or issue a credit to your credit card account on the amount charged, minus any credit card administrative fee, if any. In this regard, EVSE shall not be liable for any administrative fee that you may have incurred on purchase.

20. The refund process will take approximately 5 to 10 working days where refund is made to your credit card account, depending on your bank’s practice. EVSE will notify you once EVSE has processed the refund. However, it is your obligation to check with your bank if you have yet to receive the refund after the specified period.

21. Once a refund has been processed by EVSE, it shall be deemed to be made in full and final satisfaction of any dispute or chargeback. You acknowledge and agree that you shall have no claim whatsoever against EVSE thereafter.

For corporate entities

22. Where there is an arrangement between EVSE and you to make payment of EVSE’s Product(s) through monthly payments for such period as may be agreed between EVSE and you, you are required to duly make payment on such monthly invoices that shall be issued to you by EVSE within 7 days from the stipulated deadline set out in the said invoices.

Yearly subscription plan(s) for EV charging station

23. EVSE offers both a basic 3-years subscription plan and a comprehensive 5-years subscription plan for the EV charging station.

24. Where a subscription plan is purchased, the following shall apply:

• you shall pay a 6-month upfront deposit and a recurring monthly subscription fee thereafter from the seventh month onwards at the then-prevailing subscription rate signed up for;

• the recurring monthly subscription fee is payable on the same day of each month of the initial subscription term, that is, if the subscription date is on 1 January 2021, the first payment for the recuring monthly subscription fee shall be due on 1 July 2021 and thereafter). In the event that the payment date cannot be the same day of a month, payment shall be promptly made on the following day;

• payment of the subscription fees shall be made using credit cards (e.g. VISA, Mastercard or otherwise) via EVSE’s webpage or GIRO deduction depending on the arrangement agreed between you and EVSE;

• EVSE will notify you before the monthly subscription fee is billed after the first 6 months;

• at all times, you shall be wholly responsible and accept responsibility for all recurring charges / fees until the expiry of the subscription plan or renewed / extended subscription plan; and

• all subscription plans are deemed to be activated and billable from the date of collection or delivery of the EV charging station.

General

25. Where payment is to be made within a specified period as set out in the invoice(s), time is of the essence.

26. Late payment interest of 3% per month, computed on a daily basis, shall be incurred and charged to you from the day after the due date up to the date when payment is made.

27. Where there is a breach of any payment obligation by you, EVSE shall be entitled to:

• Treat the breach as a repudiation of the contract between EVSE and you;

• Dismantle and re-possess the Product that has already been installed; and/or

• Claim for the outstanding payment from you on a full indemnity basis.

(D)  Delivery and installation of Products

General

28. Delivery of the Product shall be made after you have successfully placed an order and made payment. EVSE will contact you within 3 working days at the phone number or email address that you have provided at the time of the purchase, to arrange a mutually convenient date and time for delivery of the Product and/or delivery and installation of the EV charging station at the address that you have provided.

29. The delivery and installation date of the EV charging station is of course, subject to the availability of EVSE’s contractors.

30. EVSE shall not be liable for any inaccuracies or delays in replying to your query or request that may arise from your failure to provide EVSE with your correct contact details (e.g. phone number, address and email address) or any other technical issues that are not foreseeable or within EVSE’s control.

31. Except in the circumstance where you opt for self-installation, the installation of the EV charging station shall be carried out by EVSE’s qualified contractors.

32. Prior to the date of delivery and installation or on the actual day of the delivery and installation of the EV charging station, you shall at your own risk and expense:

• Ensure that the proposed location where the EV charging station is be to installed is free from any obstacle(s), i.e. such area has already been cleared, so that EVSE’s contractors can commence work immediately and safely; and

• Within your reasonable knowledge, ensure that the proposed location where the EV charging station is to be installed is not in contravention with any relevant requirements and/or applicable laws.

33. You agree to indemnify EVSE and its contractors against any damage that you or any third party may suffer in the course of the installation of the EV charging station if such damage is caused by your failure to comply with your obligations set out in this section.

34. EVSE and its contractors shall not be liable for any damage that results from or is related to the temporary interruption or surge of the electricity supply at the proposed location on which the EV charging station is to be installed.

35. In the event that you need to cancel and reschedule the appointed date and time, you are required to give EVSE an advance notice of not less than three (3) working days.

36. Where you fail to give such advance notice as required or where you or your representative are not present at the time of the appointment, EVSE shall be entitled to hold you accountable for the travel and manpower costs incurred. In addition, EVSE shall be entitled to charge you an additional $100 as travel costs for the next delivery.

Self-installation of the EV charging station

37. EVSE acknowledges that you may prefer to install the EV charging station at your premise by yourself or such other third party, independent of EVSE or EVSE’s contractors.

38. EVSE shall not be liable for any damage or loss caused to the EV charging station or your premise or surrounding premises (including such fixtures and/or fittings on your premise or surrounding premises) that may arise from your self-installation (whether proper or improper) of the EV charging station.

39. Where the installation option is changed by you (that is, from self-installation to installation by EVSE’s contractors), EVSE is entitled to charge you for installation and travel fees at the then-prevailing rate.

(E)  Title to EVSE’s Product

40. Notwithstanding the delivery and installation of EVSE’s Product, the title to the Product shall not be passed to you UNLESS full payment of the Product has been made.

41. Where a subscription plan for the EV charging station is entered into by you with EVSE, the title to the EV charging station shall not be passed to you until the expiry of the subscription plan or renewed / extended subscription plan (as may be decided by ESVE at its absolute discretion).

42. In the event where full payment has yet to be made and title is not passed, you acknowledge and agree that you shall:

• Maintain the EV charging station at the location where the EV charging station is installed and will not remove or dispose the EV charging station without EVSE’s prior written consent;

• Take reasonable care of EVSE’s EV charging station, save for general wear and tear;
• Not alter, remove or damage EVSE’s trademarks on the EV charging station; and

• Grant EVSE’s representative and/or contractors the right of access to the location where the EV charging station is installed and to allow EVSE to exercise EVSE’s right(s) in accordance with Section D.

43. Where you are in breach of your payment obligation or become insolvent and do not rectify the breach within five (5) days from the date of notice from EVSE to you, EVSE shall:

• Have the authority to re-possess, sell or dispose of the EV charging station in which title remains vested in EVSE; and

• Have the right to seek damages and/or losses against you in any court of law.

(F)  Return and exchange of EVSE’s Product

44. Except where a Product is damaged or mishandled by EVSE and/or its contractors or that the Product do not materially conform with the specifications, EVSE will not be required to accept the return of any Product.

45. EVSE do not provide refund for any Product sold where the purchase order was submitted by mistake. However, in so far as is reasonable, EVSE will allow the Product to be exchanged PROVIDED THAT the Product has yet to be delivered and installed.

46. You shall inspect the Product on delivery and let us know immediately (within one (1) day), through phone or email, if the Product has been damaged or do not materially conform with the specifications. In this regard, you agree and acknowledge that it is your responsibility to do your own due diligence check on EVSE’s Product by checking the data sheet (specification) that is available on EVSE’s digital content and/or webpage. If you fail to do so, you shall be deemed to have accepted the Product.

47. Where the Product is damaged or mishandled by EVSE and/or its contractors or that the Product do not materially conform with the specifications or where you are dissatisfied with EVSE’s Product after the same is installed, EVSE will agree to your request for exchange or return of the Product only after an investigation has been duly conducted by EVSE’s technical team and sales team. Correspondingly, your such request will be rejected if:

• The one (1) day notice requirement has lapsed;

• Damage(s) to the Product was not due to the fault of EVSE and/or its contractors;

• Value of the Product has depreciated due to use or consumption;

• Value of the Product has depreciated due to general wear and tear; or

• Product is not in its original specifications and had been repaired, modified or handled by third party other than EVSE or its contractors.

48. EVSE’s technical team and/or sales team shall endeavour to reply to your request within the next working day.

49. Where EVSE approve your request for exchange or return of the Product, EVSE shall arrange with you a date and time (subject to the availability of EVSE’s contractors) to dismantle the damaged Product and install a replacement Product.

(G)  Repairs, maintenance and/or servicing of EV charging stations

50. EVSE will conduct repair, maintenance and/or servicing of EV charging station on a monthly basis (where applicable) and such repair, maintenance and/or servicing will be carried out during normal working hours only.

51. You may also contact EVSE if you require EVSE’s service for the repair, maintenance and/or servicing of the EV charging station. This is however, subject to the availability of EVSE’s contractors and a mobilisation / called up fee is payable for such request.

52. Upon receiving your request for repair, maintenance or servicing of the EV charging station, EVSE will contact you within three (3) working days to arrange a mutually convenient date and time.

53. Where a 3-year subscription plan for the EV charging station is entered into, EVSE shall provide the following:

• Complimentary yearly onsite maintenance inclusive of a licensed electrical worker (“LEW”) inspection and endorsement (as required by the Energy Market Authority) in accordance with the terms of the subscription plan;

• On call technical support (during normal business hours); and

• Standard 3-year warranty on the EV charging station for part(s) replacement and repair only PROVIDED THAT such part(s) was damaged or faulty due to the manufacturer’s fault as covered under the Product warranty (to refer to section K below). Where the EV charging station is found to be in working condition upon being assessed by EVSE’s technician, a mobilisation fee will be chargeable.

• In the event of an extension or renewal of the subscription plan at the then-prevailing rate, a complimentary upgrade of the EV charging station (where available).

54. Where a 5-year subscription plan for the EV charging station is entered into, EVSE shall provide the following:

• Complimentary yearly onsite maintenance inclusive of a LEW inspection and endorsement (as required by the Energy Market Authority) in accordance with the terms of the subscription plan;

• An extended 2 year warranty on the EV charging station, alongside an unlimited onsite one for one replacement of the EV charging station (subject to stock availability) instead of repairing or replacing the faulty parts PROVIDED THAT the EV charging station or part(s) of the EV charging station was damaged or faulty due to the manufacturer’s fault and as covered under the EV charging station warranty (to refer to section K below);

• On call technical support (during normal business hours); and

• In the event of an extension or renewal of the subscription plan at the then-prevailing rate, a complimentary upgrade of the EV charging station (where available).

(H)  Your obligations

55. You shall cooperate with EVSE in all matters associated with EVSE’s provision of any Product to you. Such matters include but are not limited to the following:

• Providing EVSE with the necessary information as is reasonably required by EVSE to quote and provide you with any Product and services.

• Ensuring that all information provided to EVSE is complete, accurate and correct.

• Informing EVSE upon becoming aware of any facts and/or circumstances that may impact the proper performance by EVSE and/or its contractors of its obligations.

• Providing EVSE with reasonable assistance and information as required by EVSE so that EVSE can promptly respond to or resolve any incident, problem, complaint or otherwise that are reported to EVSE.

• Complying with all laws, rules and regulations that are applicable to your use of EVSE’s Product.

• Ensuring that any commercial or financial information that you may receive from EVSE will be treated as private and confidential. In this regard, you shall not share such information with any third party for any purpose other than for your own personal use.

56. You shall ensure that you and/or such person whom you have given permission or authority to use EVSE’s Product do not misuse or abuse the Product. The following circumstances (non-exhaustive) can constitute a misuse or abuse of EVSE’s Product:

• Using EVSE’s Product with any other product that is incompatible or not meant to be used together with EVSE’s Product. This can include attempting to charge an item (other than electric vehicles) with EVSE’s Product.

• Altering or changing the original specifications of EVSE’s Product by repairing, modifying or handling the Product by yourself or by another person who is not EVSE or its contractors.

• Removing, amending or altering any trademarks, service marks and logos found on EVSE’s Product.

57. In so far as EVSE have insured EVSE’s Products against explosion, death, personal injury and/or damage to property of a third party, EVSE do not guarantee that the insurance cover is comprehensive or sufficient to meet your needs. Accordingly, you are strongly encouraged to purchase an insurance cover to protect yourself, third party and your premise from any injury and damage that may arise as a result of the following acts (non-exhaustive):

• Potential electrical hazards while connecting, disconnecting and charging any vehicle.

• Abuse or misuse of the Product by you and/or such person whom you have given permission or authority to use EVSE’s Product.
• Natural act such as lightning, windstorm and flood.

• Malicious act by third party.

58. Where there is a breach of any obligation set out in this section, you shall:

• Inform EVSE immediately upon becoming aware of the breach and you shall, without prejudice to EVSE’s rights and remedies, assist EVSE in any way as EVSE deem fit to remedy such breach and/or limit the consequence(s). Any costs and expenses incurred by EVSE as a result of such breach shall be borne by you absolutely.

• Bear exclusively the costs and losses incurred by EVSE and/or its contractors as a result of such breach, whether directly or indirectly, and on demand by EVSE in writing, duly and promptly reimburse EVSE and/or its contractors.

(I)   Termination of subscription plan

59. The subscription plan shall terminate automatically at the expiry of the subscription period or the expiry of such renewed / extended subscription period.

60. Where the subscription plan is terminated before the expiry of the relevant subscription period by you for any reason whatsoever, or by EVSE as a result of any breach of the terms and conditions herein by you, then notwithstanding any provision contrary to the terms and conditions herein, you shall pay to EVSE the difference between the subscription plan fee that EVSE would have charged you for the full subscription period had the subscription plan not been terminated prior to the expiry of the subscription plan and the subscription plan fee already paid by you.

61. In no event shall EVSE be obliged or forced to accept the return of the EV charging station by you to offset the outstanding amount set out in paragraph 60 above.

(J) Third-party websites

62. Where you access EVSE’s digital content, webpage and/or Ecommerce store, do note that the same may contain hyperlinks to third-party websites, services and/or advertisements.

63. EVSE do not have control of such webpages, services and/or advertisements owned by third-party and are accordingly not responsible for the contents therein.

64. By clicking on the hyperlinks to third party webpages, services and/or advertisements, you acknowledge and agree that you are doing so at your own risk and EVSE shall not be liable to you for any damage or loss that you may suffer as a consequence.

65. EVSE shall in no way be deemed to be associated or affiliated with any trademarks, logo or otherwise that may appear on third party webpages.

(K)   Third-party services

66. By placing a purchase order with EVSE through EVSE’s eCommerce services, you understand that you will be brought to third-party services that EVSE has tied up with, such as online payment gateways and authentication pages.

67. You acknowledge and agree to EVSE disclosing your relevant information to such third-party services in order to complete any purchase order.

(L)  Warranty

68. The warranty attached to EVSE’s Product shall be exclusively contained within the warranty card that is to be handed to you on the date of delivery and installation.

69. Unless provided for in the warranty card, any warranty, condition or terms relating to EVSE’s Products and/or services which might otherwise be incorporated in this Terms and Conditions through statute, common law or otherwise is hereby expressly excluded.

70. You acknowledge and accept that EVSE’s sole responsibility in relation to the warranty is to repair or replace the Product or such part(s) of the Product that is damage by the negligence of EVSE or its contractors only, normal wear and tear excluded.

71. This warranty is only applicable to you as the contractual party with EVSE and shall not be transferred or assigned to any third party.

(M)  Limitation of liability

72. This Terms and Conditions set out the full extent of EVSE’s obligations and liabilities. Unless expressly set out in this Terms and Conditions, there are no other warranties, conditions or terms that are binding on EVSE.

73. Any warranty, condition or terms relating to EVSE’s Products and/or services which might otherwise be incorporated in this Terms and Conditions and Privacy Policy through statute, common law or otherwise is hereby expressly excluded.

74. Save as otherwise provided for under the Unfair Contracts Terms Act, nothing in this Terms and Conditions and Privacy Policy shall:

(a)     In respect of negligence liability, allow EVSE to:

• exclude or restrict any liability for death or personal injury caused by EVSE’s negligence;

• exclude or restrict any liability for other loss or damage caused by EVSE’s negligence insofar as the term is reasonable; and

• perceive your agreement to or awareness of an exclusion clause as indicating your voluntary acceptance of any risk.

(b)     In respect of liability arising in this Terms and Condition, allow EVSE and you to:

• rely on any term to exclude or restrict our respective liability for the breach that EVSE may have committed; and

• rely on any term to render a contractual performance that is substantially different from what was reasonably expected of EVSE or to render no performance at all,

unless the term is reasonable.

(c)     In respect of unreasonable indemnity clauses, allow you to provide indemnity to EVSE based on any term for the liability incurred by EVSE for negligence or breach of the Terms and Conditions, unless the term is reasonable.

(d)     In respect of the “guarantee” of EVSE’s Product(s), allow EVSE to rely on a term to exclude liability for any loss or damage arising from the defect in EVSE’s Product(s) or manufacturing or distributing processes. 

75. Save as set out above in this section, EVSE’s shall not be liable to you for the loss of any consequential, indirect or special damage or loss of any kind (such as loss of profits, data or otherwise) howsoever arising and whether resulting from tort, breach of contract or otherwise.

76. EVSE’s maximum aggregate liability whether in contract, tort or otherwise shall not in any event exceed an amount equivalent to the price of the Product(s) paid by you.

77. You agree to ensure that you shall not use EVSE’s Product for any purpose other than the Product’s original intended use. You further agree that you shall use all reasonable skill and care in the process of using EVSE’s Product.

(N) Force Majeure

78. Where EVSE and/or your ability to perform EVSE’s and/or your obligation under this Terms and Conditions is limited, delayed or prevented in whole or in part by reason of a force majeure event or any cause or event beyond EVSE and/or your control, EVSE and you shall immediately notify each other of the circumstances, details and evidence of the force majeure event in writing as soon as practicable but in any event no later than seven (7) days after the occurrence of such force majeure event.

79. For the purpose of paragraph 78 above, a force majeure event is defined as an act of God, restraint of government (including the restraint of the government and any regulatory authority having jurisdiction over EVSE and you or the business carried out or to be carried out by EVSE and you including compliance by EVSE and you with any law regulation order or other rules having force of law or the guidelines practices and policies of any regulatory authority) or by any person representing any such authority, strikes, lockouts, industrial disturbances, explosions, acts of war, terrorism, riots, breakdown in law and order, failure of any public utility system, natural disaster such as fires, floods, earthquakes, storms, lightning, epidemics, and any other similar causes which are beyond EVSE and/or your control and which by the exercise of due care and diligence neither EVSE nor you are able to overcome.

80. If a force majeure event occurs, the affected party shall not be responsible for any damage, increased costs or loss which the other party may sustain by reason of its failure or delay in the performance of its obligations under this Terms and Conditions, and such failure or delay shall not be construed as a breach of this Terms and Conditions.
81. A party claiming inability to perform due to a force majeure event shall take appropriate means to minimise or remove the effects of the force majeure event and, within the shortest possible time, attempt to resume performance of the obligation affected by the force majeure event.

(O)  Disclaimer

82. Where you access EVSE’s digital content and webpage and use EVSE’s Ecommerce store, you acknowledge and accept that you are doing so at your own risk. EVSE’s digital content, webpage and/or Ecommerce store are provided on an “as is” and “as available basis”.

83. EVSE, its contractors or such other party associated with EVSE do not make any warranty (whether express, implied or statutory) on the following (non-exhaustive):

• that your use of EVSE’s digital content, webpage and/or Ecommerce store will not be interrupted or be free from error(s);

• that the content of EVSE’s digital content, webpage and/or Ecommerce store and the details of EVSE’s Products or services will be completely accurate, sufficient, reliable and up-to-date;

• the merchantability, title, satisfactory quality, non-infringement of third-party intellectual property rights or fitness for a particular purpose (save for warranties which are implied by and incapable of exclusion under law); and

• that EVSE’s digital content, webpage and/or Ecommerce store are and will be free from computers malwares, viruses or otherwise that may contaminate, disrupt, damage, interfere, expropriate or otherwise any system, data or personal information.

84. EVSE, its contractors or such other party associated with EVSE shall not be responsible for any damages that may be direct, indirect, incidental, consequential or special which arises from your use of or inability to use EVSE’s digital content, webpage and/or Ecommerce store. This would include, but are not limited to your reliance on any information obtained from EVSE’s digital content, webpage and/or Ecommerce store that may lead to omissions, mistakes, interruptions, deletion or corruption of files, computer malwares and viruses, delays in transmission, failure of performance or otherwise.

85. You accept that this section is applicable to all content, products and services that may be available on EVSE’s digital content, webpage and/or Ecommerce store.

86. You are encouraged to seek independent professional advice in relation to the evaluation of any information, opinion or other content, where appropriate.

(P)  Indemnity

87. In so far as is permitted by law, you agree to defend, indemnify and hold harmless EVSE, its contractors or such other party associated with EVSE from and against all claims, damages, expenses and costs (including legal costs on a solicitor-client basis) that may arise from the following:

• you choosing to install the EV charging station on your own or by such other third party, independent of EVSE or EVSE’s contractors;

• you or a third party mishandling the Product;

• your breach of this Terms and Conditions and EVSE’s Privacy Policy;

• your use of EVSE’s digital content, webpage and/or Ecommerce store;

• communications and disputes that may happen between you and third party(ies) such as your service provider;

• third party’s use and access of EVSE’s digital content, webpage and/or Ecommerce store using your personal information; and

• breach of this Terms and Conditions by such third party who may use and access EVSE’s digital content, webpage and/or Ecommerce store using your personal information.

(Q)  Copyright

88. Unless expressly set out in this Terms and Conditions, all materials, including but not limited to text, graphics, drawings, hyperlinks and audios that are found or displayed on EVSE’s brochure or otherwise, digital content, webpage and/or Ecommerce store belong exclusively to EVSE and/or its associated entity.

89. You shall not, without the express consent of EVSE, copy, reproduce, modify, publish, distribute or otherwise any materials belonging to EVSE.

90. Save as where the use of the materials belonging to EVSE is for non-commercial and personal purposes, you may use the materials belonging to EVSE for your personal information, understanding, knowledge and education.

91. Unauthorised use of any materials belonging to EVSE is a violation of EVSE’s copyrights and EVSE will not hesitate to take legal action against you under the Copyright Act.

92. Please do not hesitate to contact EVSE if any material found on EVSE’s brochure or otherwise, digital content, webpage and/or Ecommerce store is alleged to have infringed the copyright of a third party, so that EVSE can take the appropriate action to remedy its mistake and fault, if any.

(R)  Trademark

93. All trademarks, service marks and logos found on EVSE’s brochure or otherwise, digital content, webpage and/or Ecommerce store belong to EVSE and/or its associated entity. This is regardless of whether the trademarks, service marks and logos are registered or not under the Registered Designs Act.

94. Save with the prior written consent of EVSE, nothing in EVSE’s brochure or otherwise, digital content, webpage and/or Ecommerce store shall be construed, interpreted or read as granting any license or right for you to use any trademarks, service marks and logos found therein.

95. You agree that you shall not remove, amend or alter any trademarks, service marks and logos found in EVSE’s brochure or otherwise, digital content, webpage and/or Ecommerce store as well as EVSE’s Product(s).

96. EVSE will not hesitate to take legal action for any unauthorised use of its trademarks, service marks and logos.

(S)  Privacy

97. Please read EVSE’s Privacy Policy for information relating to EVSE’s privacy practices and the manner in which EVSE deal with your personal information in compliance with the Personal Data Protection Act.

(T)  Variation

98. EVSE reserves the right to amend its Terms and Conditions from time to time without notifying you. You are therefore encouraged to check EVSE’s digital content, webpage and/or Ecommerce store for any changes that may be made to this Terms and Conditions and EVSE’s Privacy Policy. Alternatively, you may also contact EVSE directly to enquire on the same.

99. If you do not agree with what is set out in this Terms and Conditions and EVSE’s Privacy Policy, you should not proceed to sign the Acceptance found above. You should also not access EVSE’s digital content and webpage and use EVSE’s eCommerce service.

• By signing the Acceptance found above, continuing to access EVSE’s digital content and webpage and use EVSE’s eCommerce service and/or submitting any purchase orders for EVSE’s Products, you are deemed to have accepted the Terms and Conditions and EVSE’s Privacy Policy that are in force at the time of your submission of the purchase order.

(U)  Notices

• All notice, demand, consent or other communication authorised or required to be made hereunder shall be made in the English language and in writing and may be given, and deemed to have been properly given, by facsimile, registered post, email or hand to either party at the contact information set out below:

Customer                                      Based on the contact information (i.e. email address and address) set out in the purchase order.

EVSE Singapore Pte Ltd               Address: 8 Tuas View Loop Singapore 637674

                                                     Email: enquiries@evse.com.sg

                                                     Facsimile: 6896 6620

• EVSE shall bear no liability in the event that the notice to you via email or delivered by hand or registered post does not reach you or is rejected in situations where the contact information provided by you is erroneous or due to technical constraints that is not within EVSE’s control.

(V)  Rights of third parties

• A person who is not a party to this Terms and Conditions and EVSE’s Privacy Policy shall have no right under the Contracts (Rights of Third Parties) Act to enforce this Terms and Conditions and EVSE’s Privacy Policy.

• Nothing in this section shall affect the rights, if any, of a party to enforce this Terms and Conditions and EVSE’s Privacy Policy.

(W)  Assignment of rights and obligations

• EVSE may transfer our rights and obligations set out in this Terms and Conditions to another entity but this shall in no way affect your rights and obligations under this Terms and Conditions.

• You shall not assign your rights and obligations set out in this Terms and Conditions to a third party without our written consent.

(X) Waiver

• No waiver by EVSE of any default in the strict and literal performance of or any compliance with any section, condition or requirement set out in this Terms and Conditions or EVSE’s Privacy Policy shall be deemed to be a waiver of strict and literal performance of or compliance with any other sections, condition or requirement therein.

• Such act shall not in any way constitute a waiver of or in any manner release you from strict compliance with any provision, condition or requirement set out in this Terms and Conditions and EVSE’s Privacy Policy in the future nor shall any delay or omission by EVSE to exercise any right hereunder in any manner impair the exercise of any such right accruing to it thereafter or of any other right.

(Y) Severability

• If any section or part of this Terms and Conditions or EVSE’s Privacy Policy is held to be invalid, illegal or unenforceable in whole or in part by a Singapore Court, this Terms and Conditions and EVSE’s Privacy Policy shall continue to be valid as to its other section and part and the remainder of the affected section or part; and the legality, validity and enforceability of such section or part in Singapore shall be unaffected.

(Z)  Entire Agreement

• This Terms and Conditions embodies all the terms and conditions agreed between EVSE and you as to this subject matter and supersedes and cancels in all respects all previous agreements and understandings of EVSE and you with respect to the subject matter hereof whether such be written or oral.

(AA)  Governing law and jurisdiction

• This Terms and Conditions and EVSE’s Policy Privacy shall be governed by and be construed in accordance with the laws of the Republic of Singapore.

• You agree that all disputes, controversies or differences arising out of or in connection with this Terms and Conditions and/or EVSE’s Privacy Policy, including any questions relating to its existence, validity or termination, shall first be submitted to the Singapore Mediation Centre for resolution in accordance with the relevant Mediation Rules and/or Procedures for the time being in force. In this regard, you agree to conduct such mediation on a private and confidential basis and that you will participate in such mediation in good faith and undertake to abide by the terms of any settlement reached.

• Where mediation fails, both EVSE and you irrevocably submit to the exclusive jurisdiction of the Singapore Courts in respect of any legal action or proceedings relating to and arising out of this Terms and Conditions or EVSE’s Privacy Policy.

(BB)  General

• Please do not hesitate to contact EVSE if you require any clarification on this Terms and Conditions. You may contact EVSE via the online form found in EVSE’s digital content, webpage and/or eCommerce store, call EVSE at 6896 6620 or email EVSE at enquiries@evse.com.sg.

• EVSE will endeavour to provide you with a reply as soon as it can.