Terms of Use Agreement for Novowatt’s EV Charging Platform
Last Updated: 26 Jul 2024
Welcome to Novowatt’s EV Charging Platform. By accessing or using our website and mobile application (collectively, the “Platform”), you agree to comply with and be bound by the following terms and conditions of use. Please read these terms carefully before using our services.
NOVOWATT PTE LTD (“Novowatt”, “we”, “us”, “our”) provides the Novowatt solution, comprising:
– Our charging stations and associated equipment, referred to as “Charging Stations”;
– Our website and mobile application, referred to as the “App”;
– All features, functionalities, services, products, and other offerings provided through the App, including the charging services, collectively known as the “Services.” These Services enable users to charge their electric vehicles, encompassing both battery electric and plug-in hybrid electric vehicles (collectively referred to as the “Solution”). When referring to users, we use terms like “you,” “your,” or “User” to denote anyone accessing or utilizing our Solution.
These Terms are significant as they outline:
– The guidelines to adhere to when utilizing the Solution;
– The terms and conditions governing the charges associated with using the Solution; and
– The procedures for resolving any disputes that may emerge from your utilization of the Solution.
PLEASE READ THESE TERMS CAREFULLY.
These Terms, along with the referenced documents, govern your usage of the Solution and form a legally binding agreement between you and Novowatt. If you disagree with any part of these Terms, please discontinue your use of the Solution immediately.
Novowatt reserves the right to modify these Terms at any time. Any such modifications will become effective upon posting on the App. It is your responsibility to regularly review the Terms. Your continued use of the Solution following any amendments, regardless of whether you have reviewed them, signifies your acceptance of those changes.
If you have any inquiries, feedback, grievances, or claims regarding our Solution or these Terms, please feel free to reach out to us using the contact information available on the App.
PART A: USER ACCOUNTS
ACCOUNT REGISTRATION AND DETAILS
1.1 To access our Solution, you must create a personal account (“Account”) with Novowatt. This involves providing us with specific personal data through the App or other authorized channels, including: (a) your full name; (b) address; (c) email address; (d) mobile phone number; (e) in-vehicle unit number of your electric vehicle; (f) car plate number of your electric vehicle; and (g) any additional information Novowatt may require.
1.2 You must meet the age requirement of at least 18 years old, or the age of legal majority in your jurisdiction if different from 18, to establish an Account and utilize our Solution.
1.3 Your Account is non-transferable and must not be duplicated. Maintaining multiple Accounts simultaneously is prohibited, except as expressly authorized by Novowatt. In cases where duplicate Accounts are detected for a single User, Novowatt reserves the right to close or merge these Accounts without prior notification.
1.4 By registering an Account, you commit to providing accurate, current, and complete information. It is your responsibility to ensure that your Account information remains accurate, complete, and up-to-date. Failure to do so, including maintaining an invalid or expired payment method, may result in additional charges or restricted access to our Solution.
ACCOUNT SECURITY AND ACTIVITY
2.1 You agree to maintain the security and confidentiality of your Account login credentials at all times. Third-party access to your Account is strictly prohibited. Should you become aware of any compromise to the security or confidentiality of your Account login details, including loss, theft, breach, or unauthorized disclosure or use, you must promptly notify Novowatt Support through the support information provided in the App. You are liable for any charges incurred due to unauthorized use of the compromised Account until Novowatt is notified. Novowatt requires a minimum of 7 working days to investigate reports of compromised Accounts.
2.2 Novowatt monitors all Account activity for fraudulent behavior, misuse, and compliance with our Terms of Use.
2.3 Your device may allow the use of Biometric Traits via relevant Biometric Recognition Features to access your Account. Novowatt does not verify the ownership of each Biometric Trait. You acknowledge that:
2.3.1 If another person’s Biometric Traits are registered on your mobile device, they may gain access to your Account.
2.3.2 Biometric Recognition Features are not provided by Novowatt, and Novowatt assumes no responsibility or warranty for these features’ performance or your use of them.
2.4 You are accountable for all activity and instructions issued from your Account to Novowatt, including any associated charges or fees. Novowatt may treat any individual accessing the Solution with your Account login details as authorized by you, without further inquiry. However, Novowatt reserves the right to decline ambiguous, conflicting, incomplete, or inaccurate instructions at its discretion.
2.5 Novowatt shall not be liable for any damage, expense, or loss incurred directly or indirectly by you as a result of Account loss, disclosure, theft, or unauthorized use.
TERMINATION OR SUSPENSION OF YOUR ACCOUNT
3.1 Novowatt reserves the right to terminate or suspend your Account at any time without prior notice if there are suspicions of fraudulent use, violation of our Terms of Use, or reported compromise of Account security.
3.2 To commence the termination process for your Account, it is advised to formally notify Novowatt using the contact information provided within the App. Users also retain the option to execute the deletion of their account directly through the App interface. It is crucial to underscore that should there be any outstanding dues owed to Novowatt associated with the account, termination or deletion of the account will not be permitted until these obligations have been duly settled in accordance with the terms of the agreement.
Furthermore, it is imperative to clarify that users are prohibited from effecting the deletion of their account while actively engaged in a charging session. The termination of the account is permissible solely upon the successful conclusion of the ongoing charging session.
Once an account is terminated, all associated personal data will be permanently erased from our database. This action is irreversible, and terminated accounts cannot be retrieved or merged under any circumstances.
Part B: SOLUTION AND SERVICES TERM
USE OF THE SOLUTION
4.1 In order to utilize the Solution, it is imperative to have access to the internet, possess a compatible mobile device with the App installed, and provide one or more Payment Methods. A “Payment Method” refers to a current, valid, accepted method of payment permitted by the App, subject to periodic updates, including payment through your Account with a third party.
4.2 Upon registration and maintenance of an active Account, Novowatt grants you a personal, limited, non-exclusive, non-transferable, and non-sublicensable right to access the Solution and avail yourself of the Services as outlined in these Terms. Any rights not expressly granted in these Terms are retained by Novowatt.
4.3 Unless explicitly stated otherwise in writing, the Solution is designated for personal use only and must not be utilized in association with any commercial endeavor or for financial gain. This includes, but is not limited to, any direct or indirect resale of the Services or their components.
4.4 As a prerequisite for accessing and using the Solution, you are required to refrain from utilizing the Solution in any manner that:
4.4.1 May violate any applicable law or regulation or infringe upon the rights of any third party, including intellectual property rights or proprietary rights;
4.4.2 Could result in harm, nuisance, annoyance, inconvenience, damage, or adversely affect any individual or Novowatt’s reputation or property, including the Charging Stations;
4.4.3 Jeopardizes or impairs, or is reasonably likely to jeopardize or impair, the operation of all or any part of the Solution; and
4.4.4 Is explicitly prohibited by these Terms.
USER CHARGES AND PRICING
5.1 Your utilization of the Services may lead to charges, known as “User Charges,” for the services or goods you receive. Details regarding the Services, pricing, and any additional terms provided by Novowatt will be clearly displayed to you within the App.
5.2 Novowatt retains the right to establish and amend payment plans, such as subscription or adhoc/pay-per-use plans, based on usage or time-based rates (“Payment Plans”). Pricing revisions may occur at our discretion, without prior notice or justification. You acknowledge that pricing and Payment Plans may vary between Charging Stations and Charging Points. Current pricing, Payment Plans, and Payment Methods can be accessed through the App. Novowatt will endeavor to notify you of significant pricing changes; however, you remain responsible for incurred User Charges, irrespective of your awareness of pricing alterations. All User Charges are deemed final and non-refundable unless determined otherwise by Novowatt.
5.3 From time to time, Novowatt may offer promotional discounts to specific Users, resulting in varying charges for similar Services. You agree that such offers, unless extended to you, will not affect your User Charges or usage of the Services. Furthermore, any promotional offers or discounts made available to you are for your sole benefit, and you agree not to enable or facilitate any third party to utilize or benefit from such offers.
5.4 You acknowledge that records maintained by Novowatt regarding your Service usage, including Charging Session duration and associated electricity consumption, are conclusive and binding for calculating your User Charges. A “Charging Session” commences when electricity flow begins through the Charging Station and concludes upon charging completion or termination by you or any other reason.
PAYMENT TERMS
6.1 Payment for all User Charges must be made using one of the available Payment Methods, including credit cards, debit cards, Novowatt Credits (WattPay), alternative e-wallets, or other methods provided in the App. Payments made through your chosen Payment Method are non-refundable and irreversible. All User Charges incurred during a Charging Session become immediately due upon session completion.
6.2 User’s Charging Sessions and Charges may be subjected to various taxes, duties, levies, fees, and other assessments (“Taxes”), which are payable in addition to the charges. Novowatt will display the applicable Taxes alongside User Charges in compliance with relevant laws. Both User Charges and Taxes will be rounded to the nearest cent.
6.3 By making payments through the App, you acknowledge and consent to Novowatt disclosing your personal data to third parties, both within and outside Singapore, for processing payment transactions. This may include debit/credit card companies, banks, and payment gateways.
6.4 Instances of duplicated, unauthorized, or fraudulent payments will prompt an investigation by the Novowatt support team, a process that may require a minimum of 7 working days for completion. The investigation findings will be communicated to the user at the discretion of Novowatt. Novowatt reserves the ultimate authority to determine and approve any, full or partial refunds.
6.5 In our commitment to fostering transparency and clarity in charging pricing for our valued users, we aim to guarantee that all prices showcased will comprehensively incorporate GST/VAT, unless expressly indicated otherwise. This stringent adherence to inclusivity aims to uphold the principles of fairness and transparency within our pricing framework, ensuring alignment with legal standards and user expectations.
SERVICES
7.1 You recognize that Novowatt exercises complete management and authority over all aspects concerning the Services, which are provided through the Solution at Novowatt’s sole discretion. Without limiting the foregoing, you consent to Novowatt having sole discretion to determine the manner in which the Services are delivered to you. This includes, but is not limited to, determining the means, methods, sequences, and procedures regarding the operation, utilization, and availability of the Charging Stations, as well as Novowatt’s activities and operations related to the Charging Stations. Novowatt also retains sole discretion over factors such as the number, types, makes, models, quality, brands, and locations of the Charging Stations, as well as decisions regarding the removal, replacement, installation, and configuration of each Charging Station. Novowatt will make reasonable efforts to provide information regarding the location and availability of the Charging Stations to you via the App.
7.2 You acknowledge that Novowatt reserves the right to amend, withdraw, or suspend the Services at any time without prior notice to you.
PART C: APP TERMS
8.1 The App serves as a platform providing access to information regarding your Account and Charging Stations, along with general access to utilize the Services, including initiating and concluding Charging Sessions. Subject to your compliance with these Terms, Novowatt grants you a personal, limited, non-exclusive, non-sublicensable, revocable, and non-transferable license to: (a) access and use the App solely in connection with your use of the Solution; and (b) access and use any content, information, and related materials available through the App (“Content”) for your personal, non-commercial use.
8.2 The Content provided is intended for general information purposes only. It does not constitute advice and should not be relied upon in making any decisions. Any oral advice or written information provided through the App by Novowatt, its officers, directors, employees, agents, third-party service providers, or third-party content providers shall not create any warranty, and you should not rely on such information or advice.
8.3 You acknowledge and agree that Novowatt reserves the right to modify the App at any time, with or without notice. While Novowatt endeavors to provide accurate information on the App, such information may change frequently. Novowatt shall not be responsible for the accuracy, timeliness, reliability, usefulness, or completeness of any Content, nor does it guarantee that the Content is up-to-date. Novowatt does not represent or warrant that the App will be error-free, free of viruses, or free from other harmful components.
9.1 You agree not to use the App for any unlawful or prohibited purpose, or for any purpose not reasonably intended by Novowatt. For example, you agree not to:
9.1.1 Misrepresent the App as the product of anyone other than Novowatt, including altering or removing any notices of authorship, trademarks, business names, logos, or other designations of origin;
9.1.2 Reproduce, modify, distribute, sell, lease, transfer, publicly display, transmit, stream, broadcast, or exploit the App, except as expressly permitted by Novowatt;
9.1.3 Reverse engineer, decompile, or modify any software or application contained in the App, except as permitted by applicable law;
9.1.4 Link to, mirror, or frame any portion of the App;
9.1.5 Create false or fraudulent Charging Sessions through the App;
9.1.6 Engage in data mining or other activities that unduly burden or hinder the operation of the App;
9.1.7 Violate network security or obtain unauthorized access to Novowatt’s systems;
9.1.8 Interfere with or disrupt the App’s operation;
9.1.9 Abuse, harass, threaten, impersonate, or intimidate others;
9.1.10 Transmit malicious content or interfere with other users’ access to the App;
9.1.11 Infringe upon the rights of third parties, including intellectual property rights; and
9.1.12 Violate any applicable law or regulation.
10.1 If the App permits you to post, upload, or transmit User Content, you agree that:
10.1.1 You are solely responsible for the User Content you upload and agree not to infringe upon the rights of any third party;
10.1.2 You grant Novowatt and its affiliates a non-exclusive, perpetual, royalty-free, worldwide license to use, reproduce, publicly display, distribute, modify, and create derivative works from your User Content;
10.1.3 Novowatt is not obligated to store, retain, publish, or make available any User Content you upload, and you are responsible for creating backups of your User Content if necessary.
10.2 Novowatt reserves the right to remove User Content that violates these Terms or any applicable law.
11.1 Certain links on the App may lead to third-party websites or services not operated by Novowatt (“Third-Party Links”). These links are provided for your convenience, and Novowatt does not endorse any information, products, or materials found on Third-Party Links. Your use of Third-Party Links is at your own risk, and Novowatt shall not be liable for any damages resulting from your use of Third-Party Links.
11.2 By accessing Third-Party Links, you agree to be bound by their respective policies and terms of use. Any interactions with third parties, including purchasing goods or services, are solely between you and the third party. You should conduct appropriate investigations before engaging in transactions with third parties.
12.1 Novowatt shall not be liable if you do not have a compatible device or have downloaded the wrong version of the App. Novowatt reserves the right to deny you access to the App if it is incompatible with your device.
PART D: CHARGING STATIONS
OWNER’S LOCATION, PARKING FEES AND RULES
13.1 Charging Stations may be situated on a third party owner’s property (any such third party, an “Owner”). Consequently, you agree to comply with all rules established by Owners regarding their property and the use of the Charging Stations. These rules encompass, but are not limited to, general customer conduct, parking restrictions and fees, parking time limitations, operational hours, and designated parking areas for accessing the Charging Stations. You are solely responsible for any damage, fees, penalties, or loss resulting from non-compliance with Owner rules, including fines or penalties levied by parking enforcement authorities, and any actions such as immobilization, clamping, or removal of your car.
13.2 If a Charging Station is located in a car park or any other restricted area, you may be required to pay separate access and/or parking fees to the Owner for access to such Charging Station, in addition to the User Charges.
13.3 At the conclusion of each Charging Session, you must promptly remove your vehicle from the parking lot assigned to the relevant Charging Point. Novowatt reserves the right to impose additional fees for any failure to promptly remove your vehicle from the assigned parking lot at the end of a Charging Session or after a designated grace period.
13.4 In accordance with our Privacy Policy, you consent to Novowatt disclosing your personal data, including your name and the car plate number of your electric vehicle, to third parties such as local enforcement agencies and Owners, where you do not comply with clause 13.3.
USE OF CHARGING STATION
14.1 You must follow all instructions provided to Users in relation to the use of a Charging Station, including but not limited to those set out in these Terms and all documents referred to in them, and also instructions displayed at the Charging Station. It is your responsibility to ensure that your use of the Charging Station is carried out safely to avoid injury to any person or damage to property. Please refer to the FAQs in the App for instructions on how to use the Charging Station. Please contact us via the contact information made available in the App from time to time if you have any queries.
14.2 You shall not attempt to repair, physically modify, impair, interfere with, gain unauthorized access to, reverse engineer or derive source code from any Charging Station. You acknowledge and agree that the manufacturer of all Charging Station equipment has reserved all right, title, and interest in and to intellectual property associated with the Charging Station equipment, and that you shall take no action that would cause, or by inaction permit, any impairment of any right, title, and interest of the manufacturer in such intellectual property and to otherwise respect the legal rights of the manufacturer. You acknowledge that your use of the Charging Station is solely at your own risk.
14.3 You will be responsible for any damage caused to a Charging Station, any other property, or for any injury to any person caused by your breach of these Terms or by your misuse or negligence or failure to comply with any instructions or guidance from Novowatt in relation to a Charging Station. You must immediately notify us of any damage caused to a Charging Station via the contact information made available in the App from time to time.
14.4 As a condition of your access and use of the Charging Stations, you must not:
14.4.1 dishonestly or fraudulently extract, use, consume or divert or cause to be diverted, any electricity flowing through a Charging Station; and
14.4.2 alter or tamper with any metering equipment or any other device forming part of any Charging Station or used in connection with the Services.
SMART CHARGING
15.1 You acknowledge and agree that any power rating (kW) displayed directly or through the App at a Charging Station and/or Charging Point is an indication of the maximum possible power output of such Charging Station or Charging Point, as the case may be, and does not represent in any way that the power output will be or will be maintained at such rating for the entire duration of any Charging Session.
15.2 You acknowledge and agree that Novowatt reserves the right always to adjust the power output of each Charging Station and Charging Point at any time, including during a Charging Session, for any reason whatsoever, including to optimize the power load capacity or provide smart charging services without the need to provide you with any prior notice.
15.3 Without prejudice to the generality of clause 28.1, Novowatt shall not in any event be liable to you or any third party for any damages, losses, expenses, penalties or costs whatsoever (including without limitation, any direct, indirect, special, incidental or consequential damages, loss of actual or anticipated income and profits, opportunity and loss of data) arising out of or in connection with the exercise of its rights under clause 15.2 to adjust the power output.
15.4 It is hereby stipulated that in all charging sessions, there may exist a nominal deviation of +/- 1-2% in the electricity supplied from the chargers. Novowatt is thereby constrained to provide solely a generalized data representation for each charging session.
PART E: NOVOWATT CREDITS (WATTPAY)
Usage of WattPay:
16.1 You are entitled to procure WattPay to facilitate your utilization of the Services. These credits can be acquired through various means, including credit cards, debit cards, or alternative methods provided within the App (each referred to as a “Funding Source”).
16.2 When you first register a Funding Source with us and for each subsequent purchase of WattPay, you consent to our verification and authorization of the Funding Source details. For Funding Sources like debit or credit cards, a nominal authorization charge of $1 may be applied as a precautionary measure. This charge, promptly refunded by Novowatt’s payment gateway, serves to authenticate your Payment Method through your card and ensure its validity for future transactions.
16.3 You acknowledge Novowatt’s right to levy additional charges for the utilization of certain Funding Sources, and you accept liability for any relevant additional charges incurred.
16.4 Any disputes with your debit or credit card company, or your bank regarding WattPay are your sole responsibility to resolve. Novowatt bears no responsibility for any payments lost or misdirected in this regard.
16.5 In the event of selecting WattPay as your Payment Method for User Charges, you authorize Novowatt to deduct the applicable User Charges from the available WattPay within your Account. It is understood that Novowatt reserves the prerogative to refuse Services to you, including the prevention of Charging Sessions from commencing, should your WattPay balance dip below the prescribed minimum balance, as determined by Novowatt periodically. Additionally, should your WattPay balance reach zero or an extremely low level during any Charging Session, the session will terminate instantly.
16.6 WattPay is exclusively designated for the acquisition of Services and may not be converted into cash or credit balance, except where mandated by law. Furthermore, they are non-transferable and cannot be reassigned to another user.
TOP UPS
17.1 The process of topping up involves depositing funds into your WattPay balance using the diverse payment methods accessible within the App, encompassing credit cards, debit cards, or alternative payment mechanisms.
17.2 You attest to providing precise and up-to-date information throughout the top-up procedure.
17.3 Novowatt retains the right to verify and authorize the payment particulars submitted during the top-up process to mitigate the potential for unauthorized or fraudulent transactions.
17.4 Following the successful completion of a top-up, the funds will be added to your WattPay balance and rendered available for use in compliance with these Terms of Use.
FRAUDULENT ACTIVITY
18.1 If you discover any fraudulent activity or unauthorized access concerning your WattPay balance, you are obligated to promptly inform us using the contact details provided on the App. We retain the authority to suspend or revoke the processing of any transaction if there are reasonable grounds to suspect fraudulent, illegal, or criminal activity, or if you are found to be in violation of these Terms.
PART F: SUBSCRIPTIONS
SUBSCRIPTION PLANS
19.1 OFFERING SUBSCRIPTION PLANS
19.1.1 Novowatt may periodically offer subscription plans as a Payment Plan for specific users.
19.1.2 If you enter into a separate agreement for a subscription plan with us (“Subscription Terms”), this Part F shall apply to you. In the event of any inconsistency between the Subscription Terms and this Part F, the Subscription Terms shall prevail to the extent of such inconsistency unless otherwise agreed in writing.
19.1.3 Novowatt may offer multiple subscription plans over time.
19.1.4 Subscription plans may have monthly and yearly payment schedules. Depending on the selected payment schedule, the price may differ.
19.1.5 Subscription plans will be set to auto-recurring/renew by default upon purchase. Users will need to opt out or cancel via the subscription page if they do not wish to continue with the auto-renewal.
19.2 SUBSCRIPTION PERIOD
19.2.1 The duration of your subscription plan shall be as outlined in the Subscription Terms (“Subscription Period”).
19.3 USAGE OF SUBSCRIPTION PLANS
19.3.1 A subscription plan may grant you access to specified Charging Stations without necessitating the payment of standard fees for a Charging Session. Instead, you may have the option in the App to utilize your subscription plan as the applicable Payment Plan for the User Charges incurred during that Charging Session. It is your responsibility to select the correct Payment Plan if you intend to use your subscription plan to cover the applicable User Charges. Novowatt shall not be liable for any User Charges accrued due to your failure to choose the appropriate subscription plan for a Charging Session.
19.3.2 Subscription plans are exclusive to the registered user and vehicle. Unauthorized use to charge other vehicles is prohibited, and users found in violation shall be responsible for compensating any resulting losses from such sessions.
19.3.3 Subscription plans are available only for selected locations and/or chargers, as determined solely at the discretion of the Novowatt Platform.
19.3.4 Novowatt shall not be held responsible if users do not verify the base charging fee before charging, as fees vary by location/charger.
19.3.5 Idling Fees will still apply to subscription users.
SUBSCRIPTION FEES
20.1 PAYMENT OBLIGATIONS
20.1.1 During the Subscription Period, you are obligated to pay the applicable subscription fees as outlined in the Subscription Terms.
20.1.2 The initial payment will be deducted at the commencement of the Subscription Period or as otherwise communicated to you.
20.1.3 Subsequent recurring charges will be debited in full according to the terms specified in the Subscription Terms.
20.2 THIRD-PARTY COLLABORATIONS
20.2.1 Novowatt reserves the right to collaborate with third-party car dealers (“dealers”) to offer subscription plans.
20.2.2 Users may be provided with a unique code, including but not limited to a one-time promotion code, by these dealers. This code can be redeemed within the App before purchasing the subscription plans.
20.2.3 Users under dealership plans must ensure that the details of the subscription align with their car purchase before activation of the subscription plans. Novowatt is not responsible for any errors or discrepancies arising from third-party collaborations.
PART G: NOVOWATT FLEET
ACCESS AND UTILIZATION OF NOVOWATT FLEET SERVICE
21.1 This Section G pertains to individuals designated as authorized Users (“Authorized Users”) accessing the Solution under a distinct Fleet Charging Agreement executed between Novowatt and either themselves or their organization (“Fleet Manager”). The utilization of the Solution by an Authorized User is subject to the relevant stipulations delineated in these Terms and the Fleet Charging Agreement. In the event of any inconsistency between the terms of the Fleet Charging Agreement, this Section G, and the remaining provisions of these Terms, the documents shall prevail in the following hierarchical order in case of conflict (unless explicitly agreed otherwise in writing).
21.2 To activate the Novowatt Fleet features for an account, the Fleet Manager must initially provide Novowatt with specific information about the relevant Account (“Linking Data”). Novowatt shall utilize the furnished Linking Data to authenticate the user and establish a linkage between the Account and the Fleet Manager’s Novowatt Fleet account (“Fleet Account”). Upon successful establishment of the linkage between the Fleet Account and the Account, the user shall be afforded the option to allocate their relevant User Charges to the Fleet Account through the Corporate Billing option, as opposed to incurring them on their personal Account. “Corporate Billing” refers to the enterprise billing and payment mechanism for the Solution facilitated by Novowatt to the Fleet Manager pursuant to the Fleet Charging Agreement for User Charges.
21.3 It is hereby noted that Fleet Managers retain the discretion to detach a user’s Account from their Fleet Account and the Corporate Billing option at their sole discretion, and Novowatt shall not be liable to the user for any damages, losses, expenses, penalties, or costs resulting from any detachment of the Account from the Fleet Account.
21.4 By establishing a linkage between the Account and the Fleet Account, the user acknowledges and consents to Novowatt furnishing the Fleet Manager with comprehensive information pertaining to their Solution usage for Services charged to the Fleet Account.
21.5 The user is obligated to:
21.5.1 Exclusively allocate their User Charges to the Fleet Account as authorized by the Fleet Manager or as otherwise agreed upon between the user and the Fleet Manager; and
21.5.2 Assume liability for settling any User Charges incurred under their Account that are not successfully allocated to the Fleet Account.
21.6 In addition to Novowatt’s other rights enumerated in these Terms, the user acknowledges and agrees that Novowatt reserves the right to suspend the entire Account (either wholly or partially, including access to Corporate Billing) for any violation of this Section G.
PART H: GENERAL TERMS
INTELLECTUAL PROPERTY
22.1 All intellectual property rights pertaining to the Solution shall be exclusively owned by Novowatt worldwide for the entire duration of such rights. Unless expressly stated otherwise in these Terms, no license or right is granted to the User, and their access to or use of the Solution should not be construed as granting any license or right to use any intellectual property rights without prior written consent from Novowatt or its licensors.
DATA PROTECTION
23.1 For insights into our treatment of your personal data, kindly review our current Privacy Policy, which is herein incorporated by reference. We operate in compliance with Singapore’s PDPA guidelines and regulations. For detailed information about our privacy practices, please visit watt.sg/privacy-policy. Your acceptance of these Terms constitutes acknowledgment and agreement to our collection, utilization, and disclosure of your personal data in line with our Privacy Policy, subject to periodic updates or amendments.
ELECTRONIC COMMUNICATIONS
24.1 By accessing and/or using the Solution or communicating with us via email or the App, you consent to receiving communications from Novowatt electronically. We will communicate with you via email sent to the most recent address provided to Novowatt or by posting notices on the App. Electronic communications sent by us to you will be deemed received upon delivery, and any communication sent to us electronically will be deemed received upon our opening it. You acknowledge that all agreements, notices, disclosures, and other communications provided to you electronically by Novowatt will fulfill any legal requirements for written communication.
24.2 You acknowledge that Novowatt’s records and any records of communications, transactions, instructions, or operations made through the App or Solution by you or any individual claiming to be you, as well as records related to the operation of the Solution, shall be binding and conclusive evidence of such communications, transactions, instructions, or operations.
24.3 It is your responsibility to review and verify the accuracy of any confirmations, statements, records, or other documents issued by Novowatt regarding your Account. You agree to promptly notify Novowatt in writing of any alleged errors, irregularities, discrepancies, or omissions in such documents. Failure to provide such notice within 7 days from the document’s date constitutes acceptance of its content, making you liable for any resulting losses.
ELECTRONIC FORM
25.1 Acknowledgment: By accepting these Terms electronically, you acknowledge their status as a written document. Consequently, you agree not to challenge the validity or enforceability of these Terms on the grounds of their electronic format. You hereby waive any such rights you may have under applicable law.
NOVOWATT POLICIES
26.1 Compliance: Your acceptance of these Terms entails compliance with all current Novowatt policies governing the Solution (“Novowatt Policies”). These policies may be periodically accessible on our App or communicated directly to you. Each Novowatt Policy is hereby incorporated into these Terms by reference.
26.2 Precedence: In the event of any conflict between the provisions of these Terms and any Novowatt Policy, the terms of the relevant Novowatt Policy shall prevail with respect to your use of the corresponding part of our Solution.
DISCLAIMERS
27.1 Provision “As Is”: The Solution is provided “as is” and “as available.” To the fullest extent permitted by applicable laws and regulations, we disclaim all warranties (express, implied, or otherwise), including but not limited to warranties of suitability, merchantability, safety, non-infringement, and fitness for a particular purpose. We make no representations or warranties regarding the constant availability, security, or freedom from malware, defects, interruptions, errors, or inaccuracies of all or any part of the Solution, regardless of the source.
27.2 Telecommunication Charges: We shall not be liable for any charges imposed by your network provider for accessing their connection services to use our Solution. Additionally, we do not assume responsibility for the availability and quality of your telecommunication reception during your access or use of our App.
LIMITATION OF LIABILITY
28.1 Extent of Liability: To the fullest extent permitted by law, Novowatt shall not, under any circumstances, be liable to you or any other party for any damages, losses, expenses, penalties, or costs whatsoever arising in connection with your use of the Solution, your reliance on any Content and/or Services, or these Terms, regardless of the form of action and even if Novowatt had been advised of the possibility of such damages.
28.2 Maximum Liability: Notwithstanding the foregoing, in the event of any liability attributed to Novowatt, Novowatt’s total liability under these Terms shall not exceed the aggregate sum of S$50.
INDEMNIFICATION
29.1 The User undertakes to defend, indemnify, and hold harmless Novowatt and its affiliates, officers, directors, employees, agents, third-party service providers, third-party content providers, and licensors (“Novowatt Indemnitees”) from any and all damages, claims, expenses, penalties, and costs (including legal costs on a full indemnity basis) directly or indirectly suffered or incurred by the Novowatt Indemnitees. This indemnification is in connection with or arising from: (1) the User’s use or purported use of the Solution; (2) any breach or alleged breach of these Terms by the User; (3) Novowatt’s enforcement of its rights under these Terms or acting upon any instructions provided by the User regarding the Solution; or (4) any negligence, fraud, or misconduct on the part of the User.
TERMINATION AND SUSPENSION
30.1 Novowatt reserves the right, without prejudice to clause 3.1, to immediately suspend or terminate your access and use of all or any part of the Solution at its sole discretion, for any reason. Should you have any inquiries regarding the termination or suspension of your Account, kindly reach out to Novowatt using the contact information provided on the App.
EVENTS BEYOND OUR CONTROL
31.1 Novowatt shall not be liable to you for any breach of these Terms caused by events or circumstances beyond our reasonable control, including but not limited to, strikes, lock-outs, or other industrial disputes; system or network breakdowns; damage caused by third parties to our Charging Stations; or occurrences such as floods, fires, explosions, or accidents.
MISCELLANEOUS
32.1 These Terms, along with any other documents expressly referred to herein and as may be amended from time to time, constitute the entire agreement between us and you concerning the subject matter herein and supersede any prior agreements or understandings.
32.2 If any part of these Terms is deemed invalid, void, illegal, or unenforceable, the remaining portions shall remain valid and enforceable to the fullest extent permitted by law.
32.3 You may not assign any rights under these Terms without prior written consent from Novowatt. Novowatt reserves the right to assign its rights under these Terms to its affiliates or third parties.
32.4 The failure or delay in exercising any rights under these Terms by Novowatt shall not constitute a waiver, nor shall it affect the right to enforce such rights.
32.5 Third parties not party to these Terms shall have no right to enforce any provision under the Contracts (Rights of Third Parties) Act or similar legislation.
32.6 You acknowledge that these Terms and the Solution do not include the provision of internet access or telecommunication services. You are solely responsible for obtaining and paying for any required internet or telecommunication services necessary to access and use the Solution.
32.7 By downloading, accessing, and/or using any part of the Solution, you agree that such actions, as well as these Terms, shall be governed by and construed in accordance with the laws of Singapore. You further agree to submit to the exclusive jurisdiction of the Singapore courts.
CONTACT
33.1 If you have any questions, complaints, or claims regarding our Solution, please contact us using the information provided in the App.
