General Terms and Conditions of Use
Please read these Terms and Conditions of Use carefully before using this application (the “App”). By accessing or using this App or any functionality thereof on any computer, mobile phone, control kiosk, tablet, console or other device (together “Devices” and each a “Device”), or using the electric vehicle charging and/or support service (the “Service”), 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, user is required to register and sign in as 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. User may:
a. access any part of the App (Sime Darby users 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 user’s own personal non-commercial use.
3.2. User 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 user’s own User Generated Content that user legally posts 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 user wishes to provide a hypertext or other link to this App, please email info@kinetacharge.com.hk with details of:
a. the URL(s) of the web page(s) from which user is proposing to link to this App; and
b. the URL(s) of the web page(s) on this App to which user is 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. Mobile Services
The use of the App is for free but be aware that user’s carrier’s normal rates apply. The App contains services and features that are available to certain mobile devices. By using the App, user agrees that we may communicate with user by electronic means to user’s mobile device and that certain information about user’s use of these services may be shared with Sime Darby. If user changes or deactivates user’s mobile phone number, user has to immediately update user’s account information to ensure that we don’t send user’s messages to the person who acquired user’s old number.
5. Electric Vehicle Charging and/or Support Service
5.1. The Electric Vehicle (EV) Charging Station is provided by Sime Darby (“EV Charging Station”) for EV(s) which are properly licensed and certified by the Government of the Hong Kong Special Administrative Region or its duly authorised agents.
5.2. Users undertake to comply fully with the user guide during the operation at the EV Charging Station.
5.3. 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:
5.3.1. the EV is in good and safe condition and suitable for use with the EV Charging Station;
5.3.2. the charging cable has been safely plugged into the EV charging port before charging;
5.3.3. the charging cable has been disconnected from the EV charging port before driving off.
5.4. The Service is only applicable to EV with Type 2 and/or CCS2 charging plug.
5.5. 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 vehicle that occupies the EV parking spaces for EV charging.
5.6. 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.
5.7. 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 Station(s) and/or EV charging system.
5.8. Sime Darby’s EV Charging Station 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. User should stop using the EV Charging Station and the Service immediately if any defect/malfunctioning of the EV Charging Station is noticed. Sime Darby assume 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, user understands 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.
5.9. The EV Charging Stations employ load management system. When multiple EVs charge simultaneously in the same zone, the system automatically regulates the current, potentially reducing charging speed. Charging speed may vary instantly based on system load without prior notice. Sime Darby are not responsible for unachieved maximum output power and no refunds will be issued.
5.10. The EV Charging Station is available on first-come-first-served basis. Sime Darby do not guarantee the availability of EV parking spaces and/or Sime Darby’s system for EV owners and/or users.
5.11. User agrees that Sime Darby shall be entitled, at any time without prior notice, to restrict the use of the EV Charging Station or the Service.
5.12. The Service is charged per 15-minute session (or part thereof) or per electricity consumption (kilowatt-hour (kWh)). No refund will be made on any early cancellations of Service. The charging time, electricity consumption and fee in Sime Darby’s 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.
5.13. If charging cable has not been disconnected upon charging completion and/or grace period, user will be charged idle fee per minute (or part thereof).
5.14. All descriptions of Service, Service locations, EV Charging Station, Service price, products or product pricing are subject to change from time to time without notice, Sime Darby shall not be liable to user or to any third-party.
5.15. Sime Darby reserve the absolute right to change or amend the Terms and Conditions of Use from time to time without any prior notice. In the event of a dispute, Sime Darby reserve the absolute right of final decision on the interpretation of the Terms and Conditions of Use.
6. Charging credit
6.1. Charging credit is applicable only at EV Charging Stations provided by Sime Darby located in Hong Kong SAR:
HK Island: AIA Tower, Convention Plaza, Hopewell Centre, K11 ATELIER King’s Road, Lee Garden Three, The Centrium, The Repulse Bay Arcade
Kowloon: 83 King Lam Street, K11 Art Mall, K11 MUSEA, Kwun Tong Plaza, Olympian City 2
New Territories: KOLOUR Tsuen Wan, MCP Discovery, MOSTown (Phase 5), Panda Place, Sime Darby House, tmtplaza Phase 1
6.2. Charging credit is only available to members.
6.3. Charging credit is valid for 24 months from the date of purchase, unless otherwise specified. Any unused Charging credit is invalid and will become void after the expiry date.
6.4. Charging credit issued during one-off promotion will be governed by the terms and conditions of the specific promotion and may expire after the end of that promotion.
6.5. Charging credit can be used at EV Charging Station(s) within the validity period for the charging fee and idle fee. Every 1 charging credit is equivalent to HK $1.
6.6. When users confirm to use the charging credit to settle the payment, charging credit will be deducted first; Users shall settle outstanding amount by other means if all charging credit is consumed. Users cannot select to deduct specific denominations of the charging credit.
6.7. Charging credit is specific for use by a single account and is non-transferable to other account(s).
6.8. Charging credit cannot be: (a) exchanged for cash or other product or other service; (b) refunded in any amount; (c) used in conjunction with any other promotional offer(s).
6.9. The balance of charging credit shall base on the actual electronic record per Sime Darby’s system.
7. KC Point
7.1. Every time user makes a purchase at EV Charging Station(s) upon verifying user’s membership, KC Point(s) will be awarded for the net charging fee at a specific rate.
7.2. Unless otherwise specified under particular transaction(s), KC point(s) will be awarded within five working days from transaction date.
7.3. If voucher, promo code or discounts, are used during the transaction, KC point(s) will be calculated based on the net charging fee.
7.4. KC Point(s) is calculated by each transaction and KC Point(s) will be rounded down to integer.
7.5. KC Point(s) are valid for 24 months from the date of issue, after which they automatically expire. All expired KC Point(s) will be forfeited and cannot be reinstated.
7.6. KC Point(s) may not be issued for certain Service, or when user is entitled to some other benefits, or when user is also a member of other programmes. Additionally, certain offers, benefits or services may not be available in some EV Charging Station(s).
7.7. If user is entitled to a refund in relation to any Services or goods, the KC Point(s) awarded for that transaction will be deducted from and adjusted in user’s account when the refund is made.
7.8. KC Points issued during one-off promotion will be governed by the rules of the specific promotion and may expire after the end of that promotion.
7.9. Upon accumulating certain KC Point(s) awarded to user, user may redeem specified vouchers, goods or benefits on or before the expiry date. The redemption is irreversible, once it is confirmed. The use of redeemed vouchers, goods, or benefits may be subject to further restrictions imposed by us or vouchers, goods or benefits providers from time to time.
7.10. We have the right to (a) adjust, withdraw or cancel any rewards or benefits including KC Point(s) awarded or to be awarded to user; (b) suspend or stop providing any rewards, benefits or Services at any time; and (c) terminate user’s membership; at any time at our sole discretion without prior notice to user.
7.11. KC Point(s) are specific for use by a single account and is non-transferable to other account(s).
7.12. KC Point(s) cannot be: (a) sold, purchased, transferred or exchanged for cash; (b) refunded in any amount; (c) used in conjunction with any other promotional offer(s).
7.13. The balance of KC Point(s) shall be based on the actual electronic record per Sime Darby’s system.
8. Referral Programme
8.1. The Referrer (a person who refers another person) must be an existing App member, the Referee (a person who is referred by another person) must be directly referred by the Referrer. A Referee who currently is an existing App member or was an App member will not be counted as successful referral, both Referrer and Referee will not be eligible for the corresponding Referrer’s and Referee’s reward.
8.2. Each Referee can only be referred once. Self referral is not accepted.
8.3. Unique referral code or link has to be generated by the Referrer. The Referee shall register the App with the unique Referral Code of the Referrer in order to join the Referral Programme.
Sime Darby reserve the right to limit the number of times user may use user’s referral code or link. The referral code or link must be used for personal and non-commercial purposes, user can share the referral code or link with people the user knows. User agrees that the user will not:
Duplicate, sell, or transfer your referral link or code in any manner or make it available to the general public;
Use, display or manipulate Sime Darby intellectual property in any way, except to identify user as a Sime Darby user, referrer/referee.
Use the referral code or link in any manner that violates the law or the rights of anyone else.
8.4. Upon eligible purchase at EV charging stations within 1 month from membership registration, the Referrer and the Referee will be entitled to earn a particular amount of KC Point(s) upon successful referrals.
8.5. Reward cannot be: (a) exchanged for cash; (b) refunded in any amount; (c) used in conjunction with any other promotional offer(s); (d) transferred to other account(s).
8.6. Sime Darby reserves the right to void referrals and rewards earned if it is suspected that the referrals or rewards were earned in a fraudulent manner, in a manner that violates this General Terms and Conditions of Use or in a manner otherwise not intended by Sime Darby.
8.7. Sime Darby reserve the absolute right to change or amend the Referral Programme from time to time without any prior notice.
9. User Generated Content (subject to availability)
9.1. “User Generated Content” is any content such as communications, information, messages, photographs, music, videos, designs, graphics, website links, data, profiles that user and/or other App user posts or otherwise makes available on or through the App, except to the extent that such content is owned by or licensed to Sime Darby.
9.2. User is solely responsible for user’s User Generated Content, user’s interactions with other users of the App and user’s activity on the App. User agrees not to post any content or make any communications which may expose Sime Darby, or any of the App’s user to harm or liability of any type. User agrees 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.
9.3. User confirms that user owns or control all rights in any User Generated Content that user post or submit on or through the App. User agrees not to submit User Generated Content unless user is the owner or have permission of the owner to post such User Generated Content. User confirms not to post photos or videos of another person or showing another person without that person’s permission.
9.4. User’s User Generated Content is not confidential or proprietary. User grants, and warrants that user has the right to grant to Sime Darby a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use user’s 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 commercialise without any payment due to user.
9.5. Should any part of this App offer user 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.
9.6. Do not use this App or any functionality thereof for any commercial purpose.
9.7. 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.
9.8. Do not provide any false personal information about user. User confirms not to create more than one Sime Darby account, create a Sime Darby account on behalf of another individual, group or entity, or transfer user’s profile or account. Do not use or try to use another person’s account, username or password.
9.9. 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.
9.10. 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.
10. Indemnification
10.1. User agrees 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 user’s User Generated Content, user’s use of Content, user’s use of the App or any violation of these Terms and Conditions of Use, any law or the rights of any third party.
11. Security
11.1. Subject to availability, if user chooses or is provided with a username, password or any other piece of information as part of Sime Darby’s security procedures, user must treat such information as confidential and user must not disclose it to any third party nor allow any unauthorised person access to the App under user’s username and/or password. User is responsible for any actions that take place while using user’s App account or while using the App via user’s Device. Sime Darby are not responsible for any loss that results from the unauthorised use of user’s username and/or password, with or without user’s knowledge.
12. Intellectual Property Rights (“IPR”)
12.1. 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 Content) 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. Sime Darby reserve all of its rights in respect of the IPR contained in the App and in respect of the Content.
12.2. 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 reserve all of its rights in respect of the trademarks included on this App.
12.3. Nothing in these Terms and Conditions of Use shall be interpreted as granting to user any license of IPR owned by Sime Darby or its licensors.
13. Data Protection and Privacy Policy
13.1. Personal details and other information relating to user 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 user is 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.
14. Disclaimer and Liability
14.1. User is responsible for the accuracy of the information that user enters or submits 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.
14.2. To the fullest extent permitted by law, Sime Darby disclaim all warranties, express or implied, regarding the operation and use of the App. User understands and agrees that user uses the App at user’s own risk and that user is solely responsible for user’s use and for any damage to the device through which user accesses the App, loss of data or any other harm of any kind which may result from downloading, accessing or using the App.
14.3. To the fullest extent permitted by law, Sime Darby shall under no circumstances whatsoever be liable to user, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with either user’s use of this App, or for user’s 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 user in connection with user’s 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 user and/or Sime Darby.
14.4. 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.
15. External websites and applications
15.1. The App may include links to external websites or applications. When user follow such links the external website or application may appear as a full screen (in which case user 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 user 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 user finds relevant websites, applications, services and/or products which may be of interest to user quickly and easily. It is user’s responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for user’s 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).
16. Changes to/operation of the App
16.1. 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 in the App.
16.2. Sime Darby may suspend the operation of this App, or of certain of its features, for support or maintenance work, in order to update the content or for any other reason.
16.3. Updates to the App may be issued from time to time through the App Store or Google Play. Depending on the update, user may not be able to use all or part of the App until user has downloaded the latest version of the App and accepted any new terms.
17. Transfer of Rights
17.1. 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 user’s rights or Sime Darby’s obligations under these Terms and Conditions of Use.
18. Complaints Procedure
If user has a question or complaint about this App, please email info@kinetacharge.com.hk.
19. Severance
19.1. 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.
19.2. In case of any inconsistency between English and Chinese versions of these Terms and Conditions of Use, the English version shall prevail. In case of dispute, the decision of Sime Darby shall be final and conclusive.
20. Termination
20.1. Sime Darby reserve the right in its sole discretion to terminate user’s account and/or access to this App or any functionalities thereof, delete user’s profile and/or restrict user’s use of all or any part of the App at any time, for any or no reason, without notice and without liability to user or anyone else. Sime Darby also reserve the right to prevent access to the App or any of its functionalities or features.
20.2. After any line of action subject to Clause 20.1 user is not allowed to create a new account to circumvent the termination, deletion or restriction.
20.3. User understands and agree that some of user’s 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 user’s account and/or access to the App is terminated.
20.4. These Terms and Conditions of Use remain in effect after user’s account and/or access to the App is terminated.
21. 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. Any use thereafter will be on the basis of those revised Terms and Conditions of Use.
22. 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 of Use or any dispute arising in relation to the App the courts of Hong Kong will have non-exclusive jurisdiction over such dispute.