Charging Network Terms & Conditions
1 Your acceptance
1.1 These are the terms and conditions (Terms) on which RocketVille SDN. BHD. (1467631W) (referred to as EvGuru, we, our or us) permits users (referred to as you or your) to:
(a) use the EvGuru open-platform network of electric vehicle charging stations (Charging Stations), including all electric vehicle service equipment (EVSE), the electric vehicle charging applications it delivers, and all support network infrastructure and services supplied by EvGuru in respect of the Charging Stations (EvGuru Charging Network); and
(b) access and use the EvGuru Mobile App which provide data in respect of the EvGuru Charging Network (EvGuru App) and the EvGuru website, located at EvGuru.com.my (Website).
1.2 You agree to be bound by these Terms when you:
(a) apply for a subscription to use the EvGuru Charging Network;
(b) use any piece of EVSE located at a Charging Station; or
(c) use, browse or access any part of the EvGuru App or Website.
1.3 If you access a Charging Station using an electric vehicle (EV) which does not belong to you, the act of doing so will also bind the owner of the EV you are driving and warrant your authority to do so.
1.4 EvGuru may from time to time review and update these Terms to take account of new laws, regulations, products, technology or other relevant changes in circumstances. Your use of the EvGuru Charging Network, EvGuru App and Website will be governed by the most recent Terms posted on the Website. By continuing to use the EvGuru Charging Network, EvGuru App or Website, you agree to be bound by the most recent Terms. It is your responsibility to check the Website regularly for updated versions of the Terms.
2 Registering an Account
2.1 You may be required to register an account in order to use the EvGuru Charging Network (Account).
2.2 You warrant that all information and data provided by you in the registration process is accurate, complete and up to date. You will promptly inform EvGuru if there is any subsequent change to this information or data.
2.3 By registering an Account, you warrant to us that:
(a) you are at least 18 years of age and possess the legal authority to enter into, and use the EvGuru Charging Network, the EvGuru App and the Website in accordance with, these Terms.
2.4 You agree to be financially responsible for all of your use of the EvGuru Charging Network (as well as for use by others of the EvGuru Charging Network to charge your EV), and to pay all applicable fees for access to a Charging Station initiated by you or attributed to an EV which is associated with your Account. In particular, you agree to:
(a) promptly review your payment method statement (such as your credit card statement) and notify EvGuru customer service in writing of any questions regarding fees. Fees not questioned by this method within 30 days of the applicable statement date will be deemed valid; and
(b) promptly update your account information with any changes to your name, email address, mailing address, telephone number and any applicable credit card information. Account information can be updated by contacting EvGuru at EvGuru.com.my or through the EvGuru App or the Website (if applicable).
2.5 In the event that payment on your credit card or other payment method is declined, EvGuru may terminate your account and, in the case of any outstanding balance, institute collection proceedings in order to collect any unpaid balance and, at EvGuru’s sole option, any fees, costs or other expenses incurred by EvGuru in connection with its collection efforts.
3 Provision of Charging Stations
3.1 EvGuru may, from time to time, make available the Charging Stations for use by Account holders to charge their EV. However, we reserve the right, at our absolute discretion and at any time, to refuse or suspend access to any or all Charging Stations to any person (including but not limited to any person found to be in breach of these Terms).
3.2 EvGuru may suspend the use of the EvGuru Charging Network, or any Charging Station or EVSE, at any time without notice, including, if:
(a) one or more piece of EVSE equipment requires maintenance or upgrading;
(b) we have a reasonable belief that the EvGuru Charging Network is being used unethically, unlawfully or contrary to any law or regulation; or
(c) provision of the EvGuru Charging Network is disrupted or prevented as a result of an event outside EvGuru’s reasonable control or for safety reasons.
3.3 EvGuru does not guarantee, and is under no obligation to ensure, the availability, compatibility with your EV, or performance of Charging Stations, nor does it promise to provide an uninterrupted electricity supply to Charging Stations. EvGuru cannot guarantee that connecting your EV to one of our Charging Stations will result in a successful and timely recharge of your EV’s battery or batteries.
3.4 EvGuru aims (but owes you no obligation) to keep Charging Stations free from any faults, errors or defects. If there are any faults or you have any issues with any Charging Station, please contact us as soon as possible. You can call our customer services team at +60 17-878 9354 or contact us online at EvGuru.com.my or email hello@EvGuru.com.my
4 EVSE Idle Fee
4.1 You agree that you will remove your EV from a Charging Station promptly once it is charged and ensure that access to the EVSE and Charging Station is cleared to allow other users to use the EVSE and Charging Station.
4.2 You acknowledge that you may incur an idle fee for the time your EV remains parked in a charging stall after it is finished charging. To avoid idle fees, we recommend you monitor your EV while using a Charging Station and use the EvGuru App to track your EV’s charge status.
5 Use of EvGuru App
5.1 Accessing and using the EvGuru EV Charging App
To use the Services, you must download the App from the app store and follow the set-up process described in the App. You will need to have an active internet connection. Your mobile device will need to use a software version that supports the App. You must register for, and maintain, an account on the App (Account). You may only have one Account at any time.
The App enables you to load a pre-paid monetary credit onto your Account (Balance). You will receive an invoice for credit loaded onto your Balance. You can then use our, or our approved third-party providers (Third Party Providers), electric vehicle (EV) charging stations to charge EVs and use your Balance to pay for your EV charging. An up-to-date list of the EV charging stations that are available for use with the Services is available on the App.
5.2 Loading your Balance
You can load credit onto your Balance using a valid Malaysia issued Visa, Mastercard or American Express Credit or Debit Card, following the procedure explained in the App. Access to top up amounts is immediate, subject to connectivity. Top up fee may apply. Minimum and maximum top up amounts may apply and can be adjusted by us. Limits may apply to your Balance, as set out on the App . Loaded balances have no cash alternative and will expire 12 months from the date of top-up.
5.3 Using your Balance and paying for EV charging
You must pay charges to us when you use the Services to charge an EV at Applicable Charging Stations (Charges). The Charges will be debited from your Balance immediately following your use of the Services.
You will only be able to charge your EV using an Applicable Charging Station up to the value of your Balance. In addition, minimum Balance amounts may apply to your use of Applicable Charging Stations, as set out on the App. Where a minimum amount applies, you will not be able to charge your EV using an Applicable Charging Station unless your Balance meets, or exceeds, the applicable minimum amount.
The Charges, and any other amounts payable by you under these Terms, are stated and payable in Malaysian Ringgit and are inclusive of GST (if any).
Different Charges may apply to your use of the Services (for example in respect of different geographical areas or different Applicable Charging Stations). We may establish, remove and/or revise the Charges for the Services at any time. Charges for the Services are displayed for each charge point within the App in the list of Applicable Charging Stations.
You agree that topping up your Balance is for the use of EV Charging, and therefore non-refundable, unless under circumstances determined reasonable by us. Charges from your Balance for the purposes of EV Charging are non-refundable. In the event of any disputed or unauthorised transactions, or you believe a reasonable circumstance exists and you would like to request a refund, please contact us on email@example.com immediately.
5.4 Responsibility for your Account and use of the Services
You are responsible for all activity that occurs under your Account. You are responsible for protecting your passwords and other private user credentials and for any usage of your user credentials. You must ensure the safety of the device you use in connection with the Services by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use. That includes:
(a) locking your device when it is not in use;
(b) not leaving your device unattended; and
(c) ensuring up-to-date software is installed on your device.
Any person who can unlock your device may be able to use the Services. You should have a passcode set on your device. If you suspect your passcode has become known to someone else you should change it immediately. You must notify us immediately on becoming aware of any actual or suspected unauthorised use of your user credentials.
If you have biometric identification login enabled on your device any person whose biometric identification is stored on your device may be able to access the Services. Accordingly, you must ensure that only your biometric identification is stored on the device if you wish to use biometric identification login to make payments for the Services. Biometric identification login details are stored on your device and not by us, so we cannot verify the identity of any person who uses biometric login to access the Services from your device.
You are responsible for obtaining all devices, data, connections and other requirements necessary to use the Services. We do not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. You are responsible for all costs, problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your devices, network connections or telecommunications links or caused by the internet.
You acknowledge that the Applicable Charging Stations and the Services may be provided by us or by our Third Party Providers. You may also be able to access and use third-party products, services and content as part of the Services (for example Google Maps). Any such third-party products, services and content are subject to the terms and conditions set by their providers. We do not endorse or assume any responsibility for third-party products, services or content, or your use of such third-party products, services or content.
You are solely responsible for ensuring that your electric vehicle is in good order and repair such that it does not pose any danger to the Services, to any other person (including you) or to any person’s property in connection with your use of any Applicable Charging Stations.
We may make changes and improvements to the Services, including through the release of new updates, modifications and enhancements to the App, and in some cases, discontinue features. We will notify you within 30 days of any material changes that may impact how you interact with the App or Applicable Charging Stations. You cannot:
• copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not clearly permitted by us
• remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the App
• use the Services in an illegal way, or damage or disrupt the App
• use the App while your vehicle is in motion
You agree to comply with any EvGuru safety rules related to use of electronics on EvGuru premises, including not using your device (such as a smartphone or tablet) in any prohibited areas.
6 Content of EvGuru App and Website
6.1 The EvGuru App and Website are owned and operated by or on behalf of EvGuru.
6.2 All intellectual property rights (including copyright and patents) in the information, comment, content, communication, advice, text, trademarks, logos, service names and trade names of EvGuru, images of people or places or other content (Content) contained in the EvGuru App, on the Website or otherwise provided to you by EvGuru are owned or licensed by EvGuru.
6.3 The Content in the EvGuru App and on the Website and any other information provided to you is for general information purposes only. You acknowledge and agree that, while EvGuru has attempted to provide accurate information through the EvGuru App and on the Website, such information may change frequently and in no event will EvGuru be responsible for the accuracy, usefulness or completeness of the Content in the EvGuru App and on the Website, nor does it warrant that any such Content is the most current version thereof. EvGuru does not warrant or make any representations as to any third party products or services described or referred to in the EvGuru App, on the Website or otherwise. Any use of the Content by another person or organisation is at the user’s own risk.
6.4 The Content in the EvGuru App and on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under licence. Inclusion of Content in the EvGuru App or on the Website is not an endorsement of any organisation, product or service.
6.5 EvGuru may modify any information in the EvGuru App or on the Website (including Content) at our absolute discretion for any reason, without notice. All updates and modifications to the EvGuru App or the Website (including Content) will be subject to these Terms.
6.6 If you have a complaint regarding any Content in the EvGuru App or on the Website, EvGuru’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
7 Links on the Website
7.1 The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for their content or accuracy. EvGuru provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe.
8 Access to EvGuru App and Website
8.1 EvGuru does not warrant that you will have continuous access to the EvGuru App or Website. EvGuru will not be liable if the EvGuru App or Website are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
8.2 EvGuru does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
8.3 Whilst EvGuru takes reasonable precautions to protect information transmitted via the EvGuru App and Website, EvGuru cannot and does not guarantee the security or confidentiality of these communications or the security of the EvGuru App or Website.
8.4 EvGuru does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the EvGuru App or Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
You will fully indemnify EvGuru in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the following:
(a) any breach of these Terms by you;
(b) your use of the EvGuru Charging Network, the EvGuru App and the Website; or
(c) your communications with EvGuru.
10 Warranties, consumer guarantees and limitation of liability
10.1 Your use of the EvGuru Charging Network, EvGuru App and Website is at your own risk. EvGuru’s services are provided on an ‘as is’ and ‘as available’ basis.
10.2 Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any service supplied by EvGuru by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.
10.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Malaysia Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
10.4 Our services come with guarantees that cannot be excluded under the Malaysian Consumer Law. For major failures with the service, you are entitled:
(a) to cancel your Account with us; and
(b) to a refund for the unused credit on your Account.
10.5 EvGuru will not be liable to you for any damage of any kind to your EV whatsoever, arising from a failure by you to exercise reasonable care or comply with the requirements of the EV manufacturer’s handbook or with EvGuru’s instructions. To the maximum extent permitted by law, you agree to hold EvGuru harmless against any liability, claims, proceedings, costs, expenses and damages which EvGuru may suffer or incur as a result of a failure by you to comply with one or more of the following: the EV manufacturer’s handbook, EvGuru’s instructions, or your obligations under any applicable laws and regulations.
10.6 EvGuru will not be liable to you for any loss or damage to you or your EV, indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with your use of the EvGuru Charging Network, the EvGuru App, the Website and all links to or from the Website unless, and to the extent that, such damage or loss is directly caused by:
(a) the gross negligence of EvGuru; or
(b) the fraud or wilful breach by EvGuru of any of its obligations under these Terms, provided that such loss or damage is reasonably foreseeable and is not caused by something beyond EvGuru’s control (including, for the avoidance of doubt, any act or omission of any third party, any force majeure event, any incompatibility of your EV with the EVSE, the enforcement of parking restrictions by law enforcement officials, or any breach by you of these Terms).
10.7 Subject to this clause 10, to the maximum extent permitted by law, you agree that the maximum aggregate liability of EvGuru for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of MYR 3,000.
11 Termination of your Account
11.1 EvGuru may at any time immediately terminate your Account, including restricting access to the EvGuru Charging Network, the EvGuru App or any feature of the EvGuru App or the Website, for any reason (including due to your breach or alleged breach of these Terms) in its sole discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
11.2 You may terminate your Account at any time by providing EvGuru with written notice.
11.3 Following any termination, you will remain responsible for any and all unpaid fees and charges associated with your Account. If such unpaid fees and charges are not promptly remitted, you may become liable for additional service charges, fees or penalties, and you may be subject to collection actions for any unpaid balance.
12 Jurisdiction and law
These Terms are governed by and must be construed in accordance with the laws of Malaysia. You submit to the exclusive jurisdiction of the courts of Malaysia in respect of all matters arising out of or relating to these Terms, their performance and subject matter.
Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
14 Contacting us
If you have questions about the EvGuru Charging Network, the EvGuru App, the Website or these Terms, please contact us. Our contact details can be found on our Website.