Evotion Lab User Terms of Service
1. Preamble
(a) The ELabs Terms of Service (herein referred to as "this Terms of Service") governs the relationship between persons who register, login and/or use (hereafter referred to as the 'User' or 'Users') the services described herein (“Service”) whether through the app or through the website or otherwise and Evotion Lab Pte Ltd a company incorporated in the Republic of Singapore and having its registered address at 1179 Serangoon Road Singapore 328232 (herein referred to as 'ELabs' or 'The Company') and outlines the terms including but not limited to the downloading, installation, registration and use of an ELabs account and all other related services provided by ELabs.
(b) 'ELabs Software' means the software developed by ELabs which provides the platform for the operation of ELabs's Battery Charging and Swapping System (hereafter referred to as the 'BCSS'. ELabs shall permit Users to use its ELabs application (hereafter referred to as the 'ELabs App'), its BCSS and other related services (hereafter in conjunction with the BCSS and ELabs App referred to as the 'Service') in accordance with the provisions of this Terms of Service.
(c) In order to utilise this Service, Users should carefully read and fully understand the terms of this Terms of Service, especially the exemption clauses for exempting or restricting ELabs's responsibilities, the terms of the User's rights restrictions, the agreed dispute resolution methods, the jurisdiction and applicable law. By successfully registering for an ELabs mobile account, you acknowledge that you have agreed to the terms and conditions contained in this Terms of Service. If you do not accept part or all of this Terms of Service, please stop registering, logging in and using the services covered by this Terms of Service. In order to handle your use of the Service, you may be issued with an Account. Your Account access, login and use of the Service will be deemed to be subject to this Terms of Service and continued acceptance of the terms of this Terms of Service.
(d) The statements, deposit descriptions, top up agreements, privacy policies, credit rules, etc. that we publish from time to time through the ELabs App or on the Company's website are supplements and components of this Terms of Service and have the same legal effect as this Terms of Service. We may revise or update this Terms of Service and its related supplements and attachments from time to time as needed. Once the revised or updated Agreements, supplements and attachments are published, they will immediately replace the original Agreement and will automatically take effect. If you do not accept the relevant revisions or updates, please stop using the Service immediately. If you continue to use the Service, you have acknowledged that you have fully accepted the revision or update.
2. Scope of Authorization
(a) When you download and install the ELabs App, fill in the information as prompted, and complete all the authentication procedures, you become a registered User of the ELabs App.
(b) Retention rights: Other rights that are not expressly authorized are still owned by the Company and Users must obtain the written consent of ELabs when exercising such other rights.
3. Intellectual Property Rights
(a) The rights to use an ELabs account belong to the original User which rights cannot be transferred in any way to a third party. The User assumes responsibility for the account and password, and is fully responsible for activities under the User's account and password.
(b) The ELabs Software is developed by ELabs, and all intellectual property rights, trademarks, patents, trade secrets and other intellectual property rights of the software, as well as all relevant information content, including but not limited to textual expressions and combinations, icons, graphics, charts, colors, interface design, layout frameworks, related data, printed material and electronic documents reside solely in ELabs.
(c) Without the written consent of ELabs, the User shall not implement, use, transfer or license any of the above intellectual property rights for any for-profit or non-profit purposes to any third party.
4. Service Content
(a) Some of the Services provided by "ELABS" are fee-based. Users are required to pay a fee (including applicable taxes) to the Company for the use of such Services failing which the Company shall have the right not to provide the Service to the User.
(b) ELabs may provide a variety of different leasing and pricing options for the use of its BCSS.
(c) Once payment has been made for any of ELabs's services, it cannot be refunded.
5. Service Change, Interruption or Termination
(a) ELabs reserves the right to change, discontinue or terminate part or all of the Service (including fee-based services and free services) at any time.
(b) If the Service changed, interrupted or terminated is a fee-based Service, ELabs shall attempt to provide or recommend an alternative equivalent or replacement service to the User. In the event that it is not able to provide or recommend an alternative equivalent or replacement service, ELabs shall refund the fee-paid Service to the User on a pro-rated basis.
(c) In the event of any of the following circumstances, the Company reserves the right to discontinue or terminate the provision of the Services under this Terms of Service to the User at any time without incurring liability to the User or any third party:
(i) There are problems with the authenticity, completeness, accuracy, legality and validity of the personal data provided by the User;
(ii) The User violates the terms and conditions stipulated in this Terms of Service;
(iii) The User fails to pay the corresponding service fee to the company when using the fee-based service.
6. Users' Accounts
(a) When registering for an ELabs account, Users must provide accurate and truthful personal information to ELabs which information shall be verified by ELabs prior to the User being permitted to use the BCSS. Only users above the legal age of majority may apply for an account. If there is any change in personal information, it must be updated in a timely manner. During the updating process, ELabs has the right to suspend the User's right to use to use the system until the updated information has been verified.
(b) Users should not transfer or lend their account number or password to third parties. If the User finds that his account has been illegally used a third party, the User should immediately notify the Company. ELabs does not assume any responsibility for the illegal use of accounts and passwords due to hacking, the negligence of Users or otherwise.
(c) The Company has the right to suspend the User’s account without prior notice in the event that it believes in its sole discretion that the User has or may cause damage to ELabs' system, property or reputation.
7. ELabs Service Usage and Management Regulations
(a) The User shall adhere to and comply with the Battery User’s Manual in Appendix I of this Terms of Service.
(b) The User shall ensure that all registration materials provided to ELabs are true, complete, accurate, legal and valid.
(c) ELabs has the right to permit Users to use the Service and is responsible for the daily delivery, maintenance and repair of the battery, cabinets backend and ELabs App.
(d) Batteries allocated to Users are for the User's use only and for use only in vehicles authorised to be used by ELabs. The User is strictly prohibited from charging the batteries outside of the BCSS and from disassembling any part of the batteries.
(e) ELabs's batteries at all times remain the property of ELabs and should only be used as intended. If the User loses or damages a battery while in the User’s possession, the User shall pay an amount to ELabs equivalent to the cost of the battery less the battery deposit, if any, paid by the User to ELabs.
(f) When returning the battery to a BCSS, the User should ensure that the door of the battery cabinet is closed. If the User does not properly close the door, the User may be held responsible for the loss of the battery.
(g) The User must swap the batteries at least once every 30 days. If the dashboard of the User’s vehicle indicates that the power level of the battery is at zero, the User must swap the battery within 20 hours. In the event of violation, the User shall be liable for damages in accordance with this Terms of Service.
(h) Users shall not use this Service to engage in illegal activities, and shall not maliciously damage, intentionally smear, dismantle or replace any part of the BCSS.
8. Privacy Protection
(a) ELabs is committed to the protection of the User's privacy as set out in its privacy policy [here]. ELabs will not disclose or provide third parties with the registration information of individual Users except in the following situations:
(i) where ELabs obtains the explicit consent of the User in advance;
(ii) where such disclosure is in accordance with relevant laws and regulations; or
(iii) where such disclosure is in accordance with the mandatory requests of the relevant government authorities.
(b) Without prejudging the privacy information of individual Users, the company has the right to analyse the entire User database and make commercial use of the User database or the development and application of big data.
9. Disclaimer
(a) The User expressly agrees that the risk of using the Service will be entirely borne by him or her and recognises that driving or being a passenger in a vehicle has inherent risk and that all consequences arising out of the use of the Service shall be the responsibility of the User.
(b) The Company does not make any type of guarantee for the Service, including but not limited to the timeliness, security and accuracy of the Service, and direct, indirect, incidental, special and follow-up to the circumstances attributable to the User in any circumstances. ELabs are not responsible for the damage incurred or caused by the User.
(c) In situations of downtime caused by force majeure, computer viruses, hacker attacks, system instability, and any other network, technology, communication and other reasons not in the control of ELabs, the User agrees that ELabs will assume no responsibility for the said downtime.
10. Liability
(a) The User agrees to protect the legitimate rights and interests of ELabs and other Users. If the User violates the any of the terms and conditions of this Terms of Service and causes losses and or damage to ELabs, other Users or third parties, the User agrees to indemnify ELabs from all direct and indirect costs (including any direct economic losses, loss of goodwill and external payments, settlements, attorneys' fees, legal fees, etc.).
(b) This Terms of Service constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. If any provision of this Terms of Service is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.
(c) You agree to use the Service at your own risk and ELabs disclaim all liability to the fullest extent permitted by applicable law.
11. General
(a) ELabs shall not be liable for any failure to comply with its obligations under this Terms of Service, where such failure is caused by an Act of God or Force Majeure or by any riot, civil commotion, strike, lockout or other labour disturbance, or by any fire, war, acts of foreign enemies or perils of the sea or other perils (other than delays caused by sub-contractors) beyond the control of ELabs Supplier.
(b) These Terms of Service shall be governed by and construed in all respects in accordance with the laws of Singapore.
(c) Each party agrees to submit to the exclusive jurisdiction of the courts of the Republic of Singapore as regards any claim or matter arising under these Terms of Service..
Appendix I
Battery User Manual
1. Each battery weighs about 10 kgs and may generate slight heat after use. Please take note of this when swapping or handling them.
2. The batteries are only meant to be used in ELabs authorised vehicles. They must not be charged or discharged outside of the BCSS and must not be disassembled, dropped or discarded.
3. If there are any abnormalities (leakage, damage, deformation, etc) of the batteries, please immediately stop using the batteries and your vehicle. Immediately power off the vehicle, lock down, and contact ELabs for assistance.
4. Please keep the connector, which is located at the top of the batteries clean and free of foreign materials. In particular, do not allow metal objects to come into contact with or short circuit the connectors.
5. The batteries are meant to be used at the temperatures of between -10°C to 45°C should not be exposed to fire or liquids.
6. Do not store or stack anything other than the batteries in the battery compartment of the vehicle.