SHARGE® Account Agreement
Effective Date: March 02 2020
Please read this SHARGE Network, LLC ("SHARGE") Account Agreement (this "Agreement") carefully.By opening a SHARGE account, using SHARGE Application, and/or using the SHARGE Network, you agree to the following terms:
General: By entering into this Agreement with SHARGE, you may be provided with and/or may register one or more SHARGE Accounts ("Account") that will permit you access to the public and/or residential Electric Vehicle ("EV") charging stations on the SHARGE Network that you are authorized to use (each, a "SHARGE Enabled EV Charging Station"). Some of the terms and conditions contained herein may not be applicable to all users. This Agreement accompanies and is part of each SHARGE Account Application. By submitting a SHARGE Account Application, you acknowledge and consent to the terms of this Agreement, as well as SHARGE's Website Terms and Conditions and Privacy Policy(s), all of which may be updated from time to time without notice to users. In addition, this Agreement may be changed at any time without prior notice. We will make such changes by posting them on this site. You should check the site for such changes frequently. Your continued access to SHARGE EV charging services and any applicable ancillary services, including, but not limited to use of/access to the SHARGE Network and/or SHARGE's website(s), ("Services") after such changes are posted conclusively demonstrates your acceptance of those changes. SHARGE may collect, on behalf of itself and/or its clients ("Hosts") non-personally identifying data relating to usage of SHARGE Enabled EV Charging Stations and the fees charged to users by such Hosts for access to their EV charging stations. All such information may be shared by SHARGE with third parties in SHARGE's sole and absolute discretion.
You Agree to: Pay all applicable fees ("Fees") for access to an EV charging station initiated by you, or through the use of the Services in any manner, including, without limitation, with your Account(s) at a station. All Use the Services solely in accordance with instructions provided to you by SHARGE
Obey all applicable laws and regulations, as well as any policies and rules of the owner of the SHARGE Enabled EV Charging Station and/or the owner of the property on which the SHARGE Enabled EV Charging Station is located when using any Service and/or any SHARGE Enabled EV Charging Station.
Promptly update online account information with any changes to your name, email address, mailing address, telephone number, and any applicable credit card information, including, without limitation the applicable credit card number, expiration date and billing address when that new information is first known. You remain liable for all Fees billed to your SHARGE account through the date your SHARGE account is cancelled.
SHARGE Billing: An Account may be used to pay Fees on any publicly accessible SHARGE Enabled EV Charging Stations and on any private SHARGE Enabled EV Charging Station you are allowed to use. When using your Account for payment of Fees, the applicable SHARGE EV Charging Station will be recorded to your Account and your transaction history will also be created. Fees will be charged to your Account in accordance with the price configured by a Host or SHARGE for such SHARGE Enabled EV Charging Station. It is your responsibility to be aware of the price charged for access to the applicable SHARGE Enabled EV Charging Station. If you use, or another person uses, your Account on any SHARGE Enabled EV Charging Station, you agree to pay the fees specified. You agree that SHARGE may share with a Host or other duly authorized party, any information contained in this SHARGE Account Agreement regarding your usage for purposes of processing and collecting fees, and enforcing Network policies and contractual obligations
Charging Fees: EV Charging Services Fees are charged (i) by kilowatt-hour ("kWh") of energy dispensed to the vehicle; (ii) by the time the Account owner reserve a station rounded up to 1 hour intervals, depending on the specific EV charging station; or (iii) by a flat fee for the total session ("session-based rate"), depending on the location of the EV charging station. SHARGE maintains an up-to-date schedule of pricing rates by region on the FAQ page of the SHARGE Network website.
Minimum Account Balances, Fees and Charges: Although you provide your credit card information when you apply for an Account, your credit card will be charged before you utilize a SHARGE Enabled EV Charging Station which requires payment. SHARGE members' charging fees will be billed to the credit card associated with their SHARGE account once a month, on the 25th and last day of the month, unless you reach a balance of THB 3,000. In that case, charging fees will be billed immediately.
In the event that payment on your credit card is declined, SHARGE may terminate your account and, in the case of any outstanding balance, institute collection proceedings in order to collect any unpaid balance and, at SHARGE's sole option, any fees, costs or other expenses (including, without limitation, reasonable attorney fees) incurred by SHARGE in connection with its collection efforts.
If an Account is stolen, please report such loss or theft online immediately by accessing your SHARGE account and clicking the appropriate status, or, if you do not have access to the internet, inform SHARGE Customer Service immediately (see contact information at the end of this document). You remain liable for all Fees initiated with your Account until you have notified SHARGE that your Account is stolen. Accounts are good for use within 3 days of purchase and are non-refundable.
You agree that your Service usage may be used by SHARGE to analyze averages, trends, and other anonymous patterns of usage, as per the SHARGE Privacy Policy as provided on the SHARGE Websitewww.shargethailand.com. You agree that SHARGE may access your SHARGE account and residential charger (if applicable) for service-related or data collection purposes and that it may share non-personally identifiable data with third parties in connection with government grants, private agreements, and/or other contractual obligations.
Using the SHARGE Website or Mobile Applications: You may access and use SHARGE's website and mobile applications to obtain information regarding SHARGE Enabled EV Charging Station locations and other content and features that SHARGE may make available. Use of the SHARGE Website and mobile applications is subject to SHARGE's and/or its affiliates' website terms and conditions, privacy policy(s) available onwww.shargethailand.com or their respective websites and its mobile application terms and conditions available on the mobile application. You are responsible for all use of the SHARGE Website and mobile applications under your user name. You acknowledge and agree that SHARGE may modify the SHARGE Website and mobile apps in any way and at any time, with or without notice. You further acknowledge and agree that, while SHARGE has attempted to provide accurate information on the SHARGE Website and mobile apps, such information may change frequently and in no event will SHARGE be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the SHARGE Website or mobile apps, nor does it warrant that any such information, materials, or other content is the most current version thereof.
Offers from SHARGE Partners: From time to time, you may receive offers through SHARGE from other organizations. Acceptance and performance under those offers is strictly between you and those organizations. SHARGE does not assume responsibility for any performance by these organizations and you agree to look solely to them, and to release SHARGE from any liability, with respect to any offers you accept. These organizations conduct business for themselves and are not part of the SHARGE business. As such, you should always make sure to review their terms of service and privacy policies so that you may better understand what is being offered, what is expected of you and what may be done with any personally identifying information you provide to them.
Termination: Either Party may terminate this Agreement at any time and for any reason. If you wish to terminate your account and this Agreement, you must notify SHARGE in writing. Following any termination, you shall remain responsible for any and all unpaid Fees associated with your SHARGE account. If such unpaid 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.
DISCLAIMER OF WARRANTIES: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SHARGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SHARGE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (ii) THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Indemnity: You agree to indemnify, protect, and hold harmless SHARGE and its directors, officers, employees, agents and distributors, and Hosts, and their respective directors, officers, employees and agents (collectively, the "Indemnitees") from all liability for any loss, damage or injury to persons or property arising from or related to your misuse or misapplication of the Service or otherwise for your negligence or misconduct.
LIMITATION OF SHARGE'S LIABILITY : YOU EXPRESSLY UNDERSTAND AND AGREE THAT SHARGE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SHARGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE.
To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnitees from all liability for loss, damage, or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or performance of the Services. You agree that none of the Indemnitees will incur any obligation or liability for any such loss, damage or injury to the maximum extent allowable by law. Your sole and exclusive remedy against Indemnitees will be replacement of stolen Accounts. Notwithstanding anything to the contrary herein, SHARGE's liability arising from Services and/or EV charging stations shall not exceed total fees paid to SHARGE by the claimant for the Services provided hereunder.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMER, LIMITATIONS AND RELEASE MAY NOT APPLY TO YOU.
Governing Law: This Agreement is to be construed according to the laws of Thailand, without regard to any conflict of law provisions that would require application of another choice of law.
Communications: Please address all inquiries and notices to SHARGE Customer Service at +662-251-9371
Or by email: info@shargemgmt.com
SHARGE
187/1 Ratchadamri Rd.,Lumphini, Pathum Wan,Bangkok 10330
*SHARGE Network is not affiliated with SHARGE Fitness in any way, shape, or form. Please do not send requests regarding SHARGE Fitness to this address.*
The user understands and agrees that SHARGE Management Company Limited can disclose user information, which includes the national ID number, to be available to The 1 Central Co., Ltd. in order to receive The 1 membership card information and successfully link to the use of SHARGE mobile application. The user has the rights to request access, modify / change, suspend, and not allow processing and deleting of the information about the user that are under the possession of The 1 Central Co., Ltd. by contacting The 1 Call Center at 02-660-1000, operate daily from 09.00 - 22.00.