Term Condition | EN Plus

Term & Condition

Term & Condition

This is a legal agreement between each end user (referenced herein as “you” or “user” or with “your”) and Shenzhen EN Plus Tech Co., Ltd. (“Company”) that applies each time you access or use the EN Plus web application (the “web app”) and/or its website (collectively, the “site”) (the site and the web app collectively, the “solution”). You should therefore read carefully the following terms and conditions contained in this agreement (this “T&C”) as they govern your use of the solution and its functionality. If you disagree with this T&C, you are not granted permission to access or otherwise use the solution or any component thereof. You are instructed to exit the app immediately.

Agreement

This T&C provides you a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use the solution, conditioned on your continued compliance with the terms and conditions of the agreement. You may print a single print copy or make a single screenshot of the materials and information from the solution solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and reports.

Restrictions

Except as expressly provided herein, Company does not grant any other express or implied right to you or any other person. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the solution in any manner not expressly permitted herein. Moreover, you shall not enable any third party or person to disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by the Company for using the solution.

User Obligations

You represent that you are at least eighteen years of age or the legal age of majority in your state (whichever is greater) and will, at all times, provide true, accurate, current, and complete information (for which you have all necessary rights, permission(s), or authority) when submitting information through the solution, including, without limitation, when you provide information via a registration or submission form. In addition, you access the solution of your own volition. You are responsible for compliance with all applicable laws, rules, and regulations concerning your use of the solution (including using any permitted copies of the solution materials and information). If you access the solution on behalf of any organization, your organization shall be bound to this T&C and liable for any breach by you. You represent that you have all rights, power, and authority to agree to this T&C on behalf of your organization.

Communications

Company may permit you to provide certain information, proposals, or materials to Company through the solution concerning specific electric charging projects or programs related to automobiles, infrastructure, and other associated matters (each, a “communication(s)”). You agree. You will not upload, post, display, or transmit any communication(s) if such communication(s), or any part thereof, or the act of making the communication(s) would be considered defamatory, abusive, violative of any intellectual property or other property or proprietary rights of any third party, or unlawful in any other way. The Company is not responsible for screening, policing, editing, or monitoring your or another user’s communication. It encourages all its users to use reasonable discretion and caution in evaluating or reviewing any communication(s).

Nevertheless, if you violate this T&C, the Company may, in its sole discretion, take whatever action is necessary to protect the company’s legal or equitable rights or otherwise enforce the terms of this T&C. Moreover, the company’s policy is to act appropriately under applicable intellectual property laws. If you become aware of communications that violate these rules regarding acceptable behavior or content, you may contact the company as provided herein.

5. Permission to use communication(s)

By using the solution to transmit, provide, distribute, or display a communication(s), you automatically grant the company and any current or future parents, subsidiaries, as well as any existing or future corporations, business entities, trusts, commonly-owned corporations, as well as any other entity owning, owned by, controlling, controlled by or under common control or ownership of an entity (whether legally, beneficially, by agreement, or through stock ownership or other equity interest, directly or indirectly) and their permitted successors and assigns, with or without attribution, a royalty-free, perpetual, irrevocable, non-exclusive right and license to itself or any other party to use, act upon, make, have manufactured, sell, offer for sale, import, reproduce, modify, publish, create derivative works from, distribute and display such communication(s) (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the entire term of any rights that may exist in such content or information. You also acknowledge that such communications (in the form received or provided by you) are non-confidential for all purposes and that the company owes no obligation of confidentiality, attribution, or approval and has no control over the extent to which any other party or person may use any idea or information. You will receive no compensation for any communication(s) and, as a result of this, waive any right to enforce any intellectual property or proprietary right against the company and its parent, affiliates, and subsidiaries as a result of or based on any use or exploitation of any communication.

6.Payments through the solution

Upon placing an order, you agree to pay using the payment methods indicated and grant authorization to the company and/or the applicable third-party payment processor to charge your payment methods indicated. The company and/or the appropriate third-party payment processor shall charge, and you shall be responsible for payment of all taxes, tariffs, levies, or duties applicable to your payment. All will be denominated in the currency of the United States, and all transactions listed through the solution are denominated in U.S. dollars. You are responsible for (a) the accuracy of all credit and debit card information you provide to us; and (b) maintaining the confidentiality and security of your account information. You should not disclose your account information to anyone. If your account information is lost or stolen, anyone who obtains possession of either could use your account. You are responsible for all transactions on your account, including unauthorized transactions.transactions.

7.Charging pricing

The site, the web app, and/or the user interface of the charging station shall display the price charged during each applicable charging session (the “Charging Pricing”). For charging stations where charging pricing is calculated on a per kWh basis, the charging pricing is based on the rate of charge your vehicle communicates to the charging station that it can receive; the actual speed of charge may vary during the charging session and may fall below the amount calculated for the charging pricing due to factors such as vehicle capacity at the start of charging, temperature, battery age, vehicle efficacy, vehicle usage, and power output of the charging station. By using the solution or any other payment mechanism to purchase time at a charging station, you agree to pay the charging pricing disclosed through the solution or at the charging station.

8.Data collection, communications, and updates

By accessing or using the solution, you agree to allow the company to collect (on behalf of itself and its business partners) specific information regarding your use of the solution (including, without limitation, specific data regarding your mobile device (e.g., type of device, unique device ID, etc.), operating software, feature utilization, navigation, and personal information (e.g., name, email, etc.)). In particular, if you elect to use certain location-based features or services, the company may collect your precise location. You authorize the company to locate your device and to record, compile, and/or display your site. The company may use and/or share location information with third parties to target the device’s advertising. By creating an account, you agree to receive communications from the company, including, but not limited to, email, push notifications, and/or text messages. These communications may include charging session notifications and final receipts. These communications are part of your relationship with the company, and you receive them as part of your use of the solution. Therefore, as a result, you agree that any such notices, agreements, disclosure, or other communications that the company sends to you electronically will satisfy any legal communication requirements. Furthermore, you understand and agree that installation of the app permits the downloading of updates and upgrades for the purpose(s) of fixing product defects or providing enhancements. You will be given notice and an opportunity to accept or refuse any update or upgrade that the company provides. However, your refusal of an update or upgrade may impact app performance.

9.Privacy policy

You understand, acknowledge, and agree that the operation of certain areas of the solution and the creation of an account may require or involve the submission, use, and dissemination of various personally identifiable information including, but not limited to, your phone number, email address, and mailing address. Please see the EN Plus Privacy Policy to summarize the company’s personally identifiable information collection and use practices. Any information submitted by you through the solution will be according to the company’s privacy policy (and any related disclosure(s)) and includes a right and license from you to allow the company to use such information in addition to that.

10.Proprietary rights

The company owns all rights, titles, and interests in and to the solution. The solution is protected by China copyright law and international treaty provisions governing proprietary rights, including, without limitation, the Berne Convention. This T&C provides only a limited license to access and use the solution. Accordingly, you expressly acknowledge and agree that the company transfers no ownership or intellectual property right, title, or interest in and to the solution to you or anyone else. All trademarks, service marks, text, graphics, headers, icons, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML, CSS, XML, and JavaScript code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the solution, unless otherwise indicated, are owned, controlled, and licensed by Company and/or its licensors. In particular, without limitation, the Company logo, the words “EV Range,” all Company product or service names, and Company advertising slogan(s) are trademarks. Nothing contained in the solution should be construed as granting, by implication, estoppel or any license or right to use any of the Company’s trade names, trademarks, or service marks without express prior written consent. Company reserves all rights not expressly licensed hereunder.

11.Links to third-party content

In its sole discretion, the company may provide links to other applications, websites, or networks for your convenience in locating or accessing related information and/or services. These other applications, websites, or networks are maintained by third parties over which Company exercises no control. Your correspondence or any other dealings with third parties are solely between you and such third party. Accordingly, as a result of these disclaims, the Company shall not have any liability or responsibility for such applications, websites, or networks or in connection with any such dealings between you and any third party.

12.Disclaimer

The company does not represent or warrant that the solution will operate error-free or on an uninterrupted basis. The solution is provided “as is” and “as available,” and the company hereby disclaims any and all warranties, express or implied, including, without limitation, any implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Moreover, the company expressly disclaims responsibility and liability for any third-party-provided materials, programs, products, and services set forth, described on, or accessed through the solution. You agree that the company shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings between you and a third party.

13.Limitation and Liability

The company shall not be responsible for any claim of harm resulting from a cause beyond the company’s control. Moreover, and to the maximum extent permitted by law, in no event shall the company be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the solution or for any information and materials available through the solution, whether based in contract, tort, strict liability, or otherwise and even if the company has been advised of the possibility of such damages. In addition, the total liability of the company for any reason whatsoever related to the use of the solution shall not exceed the amount paid by you for the use of the solution (during the last twelve (12) months) or ten U.S. dollars ($10), whichever is greater.

14.Indemnification

You agree to indemnify, defend, and hold Company (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other penalties, including without limitation attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this T&C or for any violation or alleged violation of the rights of any other person or entity.

15.Governing Law

This T&C has been made and will be construed and enforced solely following the laws of the People’s Republic of China as applied to agreements entered into and wholly performed in the People’s Republic of China. The arbitration will resolve any dispute, with the losing party paying all costs and fees.

16.Enforcing Security on the Site

The Company reserves the right to view, monitor, and record activity on the Solution without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations concerning the investigation or prosecution of possible criminal or unlawful activity on the Solution and to the disclosure required by or under applicable law or related government agency actions. The Company will also comply with all court orders or subpoenas involving requests for such information.

17.Injunctive Relief

You acknowledge that any breach, threatened or actual, of this T&C, including, without limitation, concerning unauthorized use of Company proprietary rights or assets, will cause irreparable injury to Company, such injury would not be quantifiable in monetary damages, and Company would not have an adequate remedy at law. You, therefore, agree that the Company shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this T&C. Accordingly, you hereby waive any requirement that Company posts any bond or other security in the event any injunctive or equitable relief is sought by or awarded to Company to enforce any provision of this T&C.

18.Term & Termination.

This T&C will take effect (or re-take effect) when you begin accessing or using the Solution, whichever is earliest. Company reserves the right at any time and on any grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this T&C, to deny your access to the Solution or any portion thereof to protect its name and goodwill, its business, and/or others, and this T&C will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of specific provisions identified below. Termination will be effective without prior notice and may impact (and prohibit) the submission of any information. You may terminate this T&C anytime by ceasing to use the Solution. Still, all applicable provisions of this T&C will survive termination, as identified below, and each re-access or use of the Solution will reapply this T&C (then in effect) to you. Upon termination of this T&C for any reason, you must destroy all copies of any aspect of the Solution in your possession. The provisions concerning the Company’s proprietary rights, Submissions, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, and governing law will survive the termination of this T&C for any reason.

19.Waiver & Severability

Failure to insist on strict performance of any of the terms and conditions of this T&C will not operate as a waiver of any subsequent default or failure of performance. No waiver by the Company of any right under this T&C will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any additional time. If any part of this T&C is determined invalid or unenforceable according to applicable law, including the warranty disclaimers and the liability limitations above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision, and the remainder of this T&C shall continue in effect.

20.Contact Information

If you have any questions about the Solution or this T&C, please contact EN Plus at:

Address: Floor2, Building6, No.1026 Songbai Road, Nanshan District, Shenzhen, China. 518055

Email: support@en-plus.com.cn

21.Miscellaneous

No joint venture, partnership, employment, affiliate, or agency relationship exists between you and the Company due to this T&C or your utilization of the Solution. This T&C and Company’s Privacy Policy represents the entire agreement between you and the Company regarding using the Solution. They supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and the Company concerning the Solution. Without the Company’s written consent, you may not assign, delegate, or transfer any rights under this T&C. Please note that Company reserves the right to change the terms and conditions of this T&C by posting a revised T&C or mailing and/or emailing notice thereof to you. In addition, Company may add, modify, or delete any aspect, program, or feature of the Solution, but Company is not obligated to add any upgrade, enhancement, or modification. Your continued use of the Solution following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this T&C (and acceptance of the version of this T&C then in effect). Accordingly, please review the T&C found at this location periodically.

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