Electric Vehicle Charging Terms & Conditions
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS AND CONDITIONS
SP Mobility, a company incorporated in Singapore with its registered office at 2 Kallang Sector, Singapore 349277, has a network of SPM Charging Points which are available for Users to charge Electric Vehicles with electricity.
SP Mobility and each Landlord and/or Premise Partner have entered into an arrangement whereby the Landlord and/or Premise Partner has granted SP Mobility a licence to install, operate and maintain SPM Charging Points at designated areas at the premises.
In order to access and use the Services, the User must register for the App. The User’s use of the App is governed by the App Terms. These EV Charging T&Cs shall govern the User’s access to and usage of Services. By opening an EV-Account with SP Mobility, the User agrees to be bound by all of the terms and conditions set out in these EV Charging T&Cs.
The User acknowledges and agrees that SP Mobility does not:
- Provide to a User (or the party paying on behalf of the User) the service of accepting money for the purpose of executing, arranging for the execution of a payment transaction (including but not limited to a domestic money transfer service as defined under the Payment Services Act 2019 (No. 2 of 2019)); and
- Purport to operate a payment service (provided to the User or the party paying on behalf of the User) regulated under the Payment Services Act (No. 2 of 2019).
Consequently, SP Mobility owes no duties and does not purport to owe any such duties (whether contractual or otherwise) to a User (or the party paying on behalf of the User) in relation to the receipt of such money.
The User accepts and acknowledges that SP Mobility is not licensed, approved or registered under the Payment Services Act 2019 (No. 2 of 2019) and the User (or the party paying on behalf of the User) may not be afforded the relevant protections set out in the Payment Services Act 2019 (No. 2 of 2019) and related subsidiary legislation, regulations, circulars, notices, directions and guidelines.
2. DEFINITION OF TERMS
In these EV Charging T&Cs (including Clause 1 above), the following terms and expressions shall have the meanings stated hereunder except where the context otherwise requires:
means Singapore Power Limited, any persons or entities that are Controlled directly or indirectly by Singapore Power Limited, or are Controlled by, SP Mobility.
means the app via which the Services may be accessed by a User, whether known as the “SP Utilities App” or otherwise.
2.3 “App Terms”
means such separate terms and conditions between the User and operator of the App, governing the User’s use of the App.
2.4 “Applicable Rate”
means, with respect to any day the rate (in S$/kWh), inclusive of goods and services tax at the prevailing rate that may be applicable from time to time, either the Public Rate or the Discounted Rate, as may be applicable to the User from time to time as shown on the App.
2.5 “Charging Session”
means a charging session during which an Electric Vehicle is charged with electricity using an SPM Charging Point, which shall commence from the time electricity starts to flow through such SPM Charging Point and which shall end either when charging completes or when charging is stopped manually by the User or for any reason whatsoever.
means all information, text, design, sound recordings, music, Software, photographs, videos, images, graphics, data, messages, links and any other content and materials made available through or provided by SP Mobility as part of or for purposes of or in connection with the Services.
means the beneficial ownership of more than 50% of the issued share capital of a company or the legal power to direct or cause the direction of the general management of the company, and “Controls” and “Controlled” shall be construed accordingly.
2.8 “Discounted Rate”
means, with respect to any day the rate (in S$/kWh), inclusive of goods and services tax at the prevailing rate that may be applicable from time to time, which is less than the Public Rate, which a User is entitled to for that day as may be shown in the User’s EV-Account from time to time.
means an electronic account opened by User with SP Mobility on the App for purposes of using and/or accessing the Services.
2.10 “Electric Vehicle”
means an electric vehicle that a User charges with electricity using an SPM Charging Point.
2.11 “EV Charging T&Cs”
means these Electric Vehicle Charging Terms & Conditions.
means a fee, inclusive of goods and services tax at the prevailing rate that may be applicable from time to time, as computed in accordance with Clause 5 herein, payable by the User as may be shown on the App, in respect of the Services supplied at a Charging Session which shall be payable to SP Mobility, whether collected by itself or such authorised representative as may be appointed by SP Mobility, for access to and use of an SPM Charging Point for purposes of charging an Electric Vehicle.
2.13 “Intellectual Property Rights”
includes but is not limited to any rights, title and interest in patents (including utility models), designs (whether or not capable of registration), semi-conductor topography rights, rights in layouts of integrated circuits, copyrights, Moral Rights, database rights, trademarks, service marks, trade and business names, domain names, and any rights of goodwill associated therewith, rights to sue for passing off, rights in the nature of unfair competition rights, trade secrets, confidentiality and other proprietary rights including rights to know-how, rights to technical and other information, rights to apply for registration of any of the foregoing, rights to take action for past, present and future infringements in respect of any of the foregoing, and all rights in the nature of any of the foregoing anywhere in the world whether registered or unregistered, whether subsisting now or in the future.
means each of the owners, sole lessees of, or such persons who otherwise have the lawful title and/or right to occupy premises on which SPM Charging Points are situated and who may, where applicable, procure or supply electricity that flows through the SPM Charging Points.
means any and all forms of malicious, surreptitious, destructive or corrupting code, agent, macro or any other program which is designed to permit unauthorized access, to disable, erase, corrupt or otherwise harm or damage software, hardware or data; or any device, method, or token whose apparent or intended purpose is to allow circumvention of the normal security of software or the system containing the code.
2.16 “Moral Rights”
means the rights as described in Article 6bis of the Berne Convention for Protection of Literary and Artistic Works 1886 (as amended and revised from time to time), being “droit moral” or other analogous rights arising under any law, that exist or that may come to exist, anywhere in the world, in relation to any works or other subject matter.
2.17 “Personal Data”
means data, whether true or not, about a User who can be identified (a) from that data; or (b) from that data and other information to which SP Mobility has or is likely to have access.
2.18 “Premise Partner”
means a person who procures or supplies electricity that flows through the SPM Charging Points.
2.19 “Public Rate”
means, with respect to any day, the rate charged by SP Mobility (in S$/kWh), inclusive of goods and services tax at the prevailing rate that may be applicable from time to time, for the use of an SPM Charging Point by User on such day, as specified by SP Mobility and published on the App in connection with the use of an SPM Charging Point.
means (a) access to and use of an SPM Charging Point provided by SP Mobility to User for purposes of charging an Electric Vehicle, (b) electricity consumed by an Electric Vehicle through the SPM Charging Point, and (c) any features, functionalities, services or products in connection with the Services which SP Mobility may provide to the User through the App from time to time.
means any software programmes including any upgrades.
2.22 “SP Mobility”
means SP Mobility Pte. Ltd.
2.23 “SPM Charging Points”
means the alternating current (“AC”) and direct current (“DC”) electric vehicle charging points and equipment that SP Mobility from time to time makes available to the User to charge an Electric Vehicle with electricity supplied by the Landlord and/or Premise Partner.
2.24 “SP Group”
means Singapore Power Limited and any company incorporated in Singapore that is, directly or indirectly, a wholly owned subsidiary of Singapore Power Limited. In this regard, “subsidiary” shall have the same meaning ascribed in the Companies Act (Chapter 50).
means a user who has an EV-Account with SP Mobility for purposes of user accessing SPM Charging Points for using the Services.
2.26 “User Content”
means information, content or materials which the User uploads, submits, stores, sends, receives or makes available to or through the App, and information, content or materials generated, created and arising in relation to the User in connection with the Services as recorded on the App or by SP Mobility in other manner, and any Intellectual Property Rights subsisting therein, and all other information, content or materials made available for purposes of or in connection with the Services and any Intellectual Property Rights subsisting therein.
2.27 “Working Day”
means a day other than a Saturday, a Sunday or a public holiday in Singapore.
The User shall open an EV-Account with SP Mobility in order to utilise the Services, access any information related to the User’s instructions given via the App in relation to the Services, access the User’s EV-Account information and any other records associated with the User’s use of the App in relation to the Services.
To become a User, a User agrees, whether by himself or such other person as authorised by the User, to provide SP Mobility with the following information via the App or such other means as SP Mobility may permit:
- Full name;
- Email address;
- Phone number;
- In-vehicle unit number of the Electric Vehicle;
- Electric Vehicle make and model;
- Car plate number of Electric Vehicle; and
- Any other information that User may wish to provide SP Mobility with.
It is the User’s responsibility to promptly advise SP Mobility of any change to the information provided by the User to SP Mobility.
Save as otherwise permitted by SP Mobility, the User may only register for one (1) EV-Account with SP Mobility unless SP Mobility explicitly approves the opening of additional EV-Accounts. SP Mobility may refuse the creation of duplicate EV-Accounts for the same User. Where duplicate EV-Accounts are detected in relation to one (1) User, SP Mobility may close or merge these duplicate EV-Accounts without prior notice to the User.
4. SUPPLY OF THE SERVICES
The Services are available at SPM Charging Points as may be made available by SP Mobility in its sole discretion from time to time without prior notice. SP Mobility shall have absolute management and control over all matters relating to the SPM Charging Points, including (a) the means, methods, sequences and procedures with respect to the operation, use and availability of the SPM Charging Points and SP Mobility’s activities and operations in relation to the SPM Charging Points, (b) the number, type(s), make(s), model(s), quality, brand(s) and location(s) of the SPM Charging Points, and (c) the removal, replacement, installation, configuration of each SPM Charging Point. SP Mobility will use reasonable effort to make available information relating to the location and availability of SPM Charging Points to the User via the App.
Due to the nature of Services, SP Mobility cannot guarantee continuous fault-free Services. SPM Charging Points are made available on an “as is where is” basis, and SPM Charging Points may be impaired by too many Users trying to use a particular SPM Charging Point within any period of time, electrical faults, telecommunication issues, physical features as well as other conditions beyond SP Mobility’s control. The SPM Charging Points may fail or require maintenance without any prior notice from SP Mobility. SP Mobility shall not under any circumstances incur any duty or liability, or be deemed to make any representation or warranty, in relation to or in connection with the SPM Charging Points, or the Services (or any part thereof), or any information made available by SP Mobility in relation thereto.
Please note that SP Mobility may amend, withdraw or suspend the Services at any time without notice.
5. PAYMENT FOR THE SERVICES
The User shall pay a Fee for a Charging Session, which shall be computed as follows:
Fee = Applicable Rate (in S$/kWh) at the start of a Charging Session x Amount of electricity (in kWh) consumed by the Electric Vehicle at the relevant SPM Charging Point during the Charging Session
The Fee is inclusive of goods and services tax. Once a User starts a Charging Session at an SPM Charging Point using his EV-Account, the SPM Charging Point will become “live” and electricity will flow through such SPM Charging Point during the Charging Session. After charging stops, the Fee for the Charging Session shall, unless SP Mobility otherwise allows, be automatically charged to the User via a credit card or debit card or such other payment mode as made available by SP Mobility and, where applicable, as authorised by the User on the App to be used for payment for the Fee. The Fee shall be rounded up to the nearest cent.
Payment of Fees, if any, for the provision of any of the Services shall be made in the manner prescribed by SP Mobility. SP Mobility reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to the User or giving any reason.
Where the User makes payment through the App, the User acknowledges, agrees and consents that his/her Personal Data may be disclosed to third parties (located within and outside of Singapore) processing such payment transactions, including debit/credit card companies, banks and payment gateways, and, subject to their respective personal data privacy policies and applicable laws, may be used, processed and stored by such third parties to facilitate payments that the User now or subsequently makes.
Subject to Paragraph 6 herein, the User acknowledges and agrees that SP Mobility’s records and any records of the communications, transactions, instructions or operations made or performed, processed or effected through the App and/or Services by the User or any person purporting to be the User (whether or not authorised by the User), or any record of communications, transactions, instructions or operations relating to the operation of the App and/or Services and any record of any communications, transactions, instructions or operations maintained by SP Mobility or by any relevant person authorised by SP Mobility relating to or connected with the App and/or Services shall be binding on the User for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations.
The User has a duty to examine and verify the correctness of any and all confirmations, statements, records and any other documents issued by SP Mobility in relation to the EV-Account and Services. The User further undertakes to promptly inform SP Mobility in writing of any alleged error, irregularity, discrepancies or omissions in such documents. If no such notice is received by SP Mobility within seven (7) days from the date of such documents, the User shall be (a) deemed to have conclusively accepted all content contained in such documents; and (b) liable for any and all losses arising from or in connection with any alleged error, irregularity, discrepancies or omissions in such documents.
6. USER’S RESPONSIBILITIES
The User agrees to use the Services in accordance with EV Charging T&Cs, and any user guide or other instruction issued by SP Mobility.
The User must not:
- dishonestly or fraudulently extract, use or consume, or dishonestly or fraudulently divert or cause to be diverted, any electricity flowing through an SPM Charging Point;
- alter or tamper with any metering equipment or any other device in connection with the Services;
- tamper with, vandalise or in any other way cause damage to any of SPM Charging Points;
- allow any third party to access and use the Services or any Discounted Rate that the User may be entitled to under the User’s EV-Account and, if the User in breach of these EV Charging T&Cs allows a third party to access and use the Services under the User’s EV-Account, the User must ensure that such third party shall access and use the Services in accordance with these EV Charging T&Cs and the User shall be liable for such third party’s access and use of the Services;
- use the Services in any manner which is (or which would have a purpose or effect which is) harmful, a nuisance, annoying, disruptive, inconvenient, unlawful, fraudulent or in connection with a criminal offence; and
- act in any way such that the operation of the Services or any of the SPM Charging Points will be either jeopardised or impaired.
SP Mobility reserves the right to suspend the Services to the User immediately if SP Mobility reasonably considers the User to be in breach of the User’s responsibilities under this Clause 6 and/or the EV Charging T&Cs.
In the event that the User’s access to and use of the Services is suspended, please contact SP Mobility at the contact information made available on the App from time to time.
7. DISCONNECTION, SUSPENSION, TERMINATION AND ALTERATION OF THE SERVICES
Notwithstanding any other rights of SP Mobility under these EV Charging T&Cs, SP Mobility may at its sole discretion suspend or terminate the provision of the Services (in whole or in part) without prior notice and without liability to the User in any of the circumstances set out below:
- if SP Mobility is aware or has reason to believe that the Services or any part thereof are being used by the User in an unauthorised, unlawful or fraudulent manner or have been compromised or may have been used for criminal activities;
- if the User, User’s authorised representative or such other party appointed by User fails to make payment for any Fees or such other sums that may be due and owing to SP Mobility whether in connection with the Services or any other services SP Mobility may provide from time to time. In the event a User makes payment for any Fees or such other sums that may be due and owing to SP Mobility under these EV Charging T&Cs, the User acknowledges and agrees that his EV-Account will only be made available for use after the expiry of two (2) Working Days from the date on which SP Mobility receives such payment;
- if the User breaches or if SP Mobility has reason to believe that the User may be in breach of these EV Charging T&Cs;
- for reasons outside SP Mobility’s control, if there is an emergency, for the health and safety of the User and/or members of the public or for the User’s or other’s security; or
- if for any reason whatsoever SP Mobility or a Landlord and/or Premise Partner (as the case may be) ceases to provide the Services or any part thereof.
SP Mobility may vary the Services, including the locations of SPM Charging Points, at any time.
The User may at any time request SP Mobility to close or terminate the User’s EV-Account. Upon the closure or termination of the User’s EV-Account for any reason whatsoever, the User shall no longer be permitted to utilise any Services, and SP Mobility shall not be obliged to make available to the User any Services. For the avoidance of doubt, the User may not evade any legal proceedings or investigations by cancelling the User’s EV-Account with SP Mobility or if the EV-Account is terminated by SP Mobility. The User will remain liable for all obligations related to the User’s EV-Account even after the EV-Account is cancelled or terminated.
8. INTELLECTUAL PROPERTY
All Intellectual Property Rights in the Content and/or Services shall be absolutely owned by SP Mobility for the full duration of all such rights and all throughout the world. No licence or right is granted and the User’s access to and/or use of the Content and/or the Services should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property Rights in the Content and/or Services without the prior written consent of SP Mobility.
The User hereby grants to SP Mobility a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable licence to use, host, store, reproduce, perform, display, distribute, adapt, modify, re-format and create derivative works of any and all Intellectual Property Rights in and to the User Content and the User Content, and the right to sub-license the foregoing rights to its Affiliates and such third parties designated by SP Mobility. The User warrants and represents that any transmissions or communications made by the User via the App and the User Content do not infringe the Intellectual Property Rights or any other rights of any third party, and that it has full authority and all relevant rights to grant the aforementioned licence to SP Mobility.
9. CHANGES TO THESE EV CHARGING T&Cs
SP Mobility reserves the right to amend these EV Charging T&Cs at any time including:
- where a third party, including any Landlord and/or Premise Partner, changes the terms on which they enable SP Mobility to provide the User with the Services;
- due to changing technologies, obsolescence and new or different product or service features; or
- due to the introduction of new or amended laws, regulations, policies or guidance relevant to the provision of the Services.
SP Mobility reserves the right to make such changes to these EV Charging T&Cs as SP Mobility may in its discretion deem fit from time to time. SP Mobility will notify the User of such amendments by posting the changes on the App or such other method of notification as may be designated by SP Mobility (such as via email or other forms of electronic communications), which the User agrees shall be sufficient notice. If the User does not agree to be bound by the changes to these EV Charging T&Cs, the User shall immediately cease all access and/or use of the Services. The User further agrees that if he/she continues to use and/or access the Services after being notified of such changes to these EV Charging T&Cs, such use and/or access shall constitute an affirmative: (i) acknowledgement by the User of these EV Charging T&Cs and its changes; and (ii) agreement by the User to abide and be bound by these EV Charging T&Cs and its changes.
Where any or part of these EV Charging T&Cs is deemed to be invalid, void, illegal or unenforceable, the legality, validity and enforceability of the remaining parts of these EV Charging T&Cs shall not be affected or impaired thereby and shall continue in force as if such invalid, void, illegal or unenforceable part of these EV Charging T&Cs was severed from these EV Charging T&Cs.
To the fullest extent permitted by law, SP Mobility shall not, in any event, be liable to the User or any other party for any damages, losses, expenses, penalties or costs whatsoever (including without limitation, any indirect, special, incidental or consequential damages, loss of profits, revenue, business, custom, contracts, opportunity or failure to achieve anticipated savings in costs or expenses) arising in connection with the User’s use of the Services, or the User’s reliance on any Services, regardless of the form of action and even if SP Mobility had been advised as to the possibility of such damages.
Subject to the other provisions of this Clause 10, notwithstanding anything to the contrary as stated in these EV Charging T&Cs and to the fullest extent permissible under law, if SP Mobility is found to be liable for any loss arising from these EV Charging T&Cs, SP Mobility’s aggregate liability, and the aggregate liability of any of SP Mobility’s Affiliates, officers, directors, agents and employees, to the User is limited to Singapore Dollars Fifty (S$50).
SP Mobility shall not accept any liability for matters beyond its reasonable control, including force majeure, third party damage to SPM Charging Points, third party damage to Electric Vehicles charged at SPM Charging Points or third party damage to any other third party property, or for the acts and omissions of our service partners or providers.
The User agrees to indemnify against and hold SP Mobility harmless from all liabilities, claims, damages, losses and expenses arising from (a) any breach by the User of these EV Charging T&Cs, and / or (b) any damage that is caused to the SPM Charging Point(s) by any Electric Vehicle and/or User’s use of the SPM Charging Point(s).
The terms of these EV Charging T&Cs shall not be affected by any rights which the User may have under any law and which cannot be excluded by agreement and the User’s statutory rights are not affected.
Third parties are not the agents or representatives of SP Mobility and SP Mobility does not accept any liability for any promises or representations made by any such third party in relation to the Services. SP Mobility shall not be responsible for any acts or omissions of third parties or claims that the User may have relating to third parties.
11. USER’S PERSONAL DATA AND USER CONTENT
Please review SP Mobility’s other policies, such as the SP Group Personal Data Protection Policy (https://www.spgroup.com.sg/personal-data-protection-policy) which may be updated and/or amended from time to time, which shall be deemed to be incorporated into these EV Charging T&Cs. By using the Services, the User agrees that all Personal Data of the User may be collected, used and disclosed by SP Mobility, its Affiliates and partners in accordance with SP Group Personal Data Protection Policy, as may be updated and/or amended from time to time.
In addition to and without prejudice to any other consent which the User provides to SP Mobility from time to time (for example through the SP Group Personal Data Protection Policy), the User hereby authorises and consents to SP Mobility, its Affiliates and partners including Landlords and/or Premise Partners or such other partners as SP Mobility may determine from time to time, to collect, use and disclose the Personal Data of the User for the following purposes:
- To provide the User with access to and use of the Services;
- To process payments, detect debt, fraud and loss, and all other matters in connection with the Services;
- To communicate with the User;
- To update SP Mobility’s records and to maintain the User’s EV-Account;
- To verify the identity and authority of the User;
- To demonstrate and test the SPM Charging Points and any related computer systems;
- To develop new services and products; and
- To carry out analytics, research, planning and statistical assessment.
User represents that the Personal Data the User provided to SP Mobility is correct and User agrees to inform SP Mobility immediately if User’s details change.
The User hereby consents to SP Mobility accessing, collecting and using, and authorises SP Mobility, to access, collect and use, subject to Clause 11, any and all information relating to the User with any relevant organisation, and all User Content. To the extent applicable or required, the User hereby warrants and confirms that it has done and will do all things necessary to authorise the access to, collection of and/or use by SP Mobility of (a) any and all information relating to the User with such relevant organisation and (b) all User Content.
These EV Charging T&Cs, together with any and all user guides and instructions that may be issued by SP Mobility from time to time in respect of the use of the SPM Charging Points and/or the Services (or any part thereof) and any and all amendments thereto which are expressly incorporated into these EV Charging T&Cs by reference, constitute the entire agreement between SP Mobility and the User in relation to the supply of the Services. The User agrees that the User has not relied on, and shall have no remedies in respect of, any representation, arrangement, understanding or agreement (whether written or oral) which is not expressly set out in these EV Charging T&Cs.
The User agrees that these EV Charging T&Cs in electronic form constitute a written document and therefore the User undertakes not to dispute or challenge the validity or enforceability of these EV Charging T&Cs on the grounds that it is not a written document and the User hereby waives any such right that the User may have at law.
The User may not assign any of his/her rights under these EV Charging T&Cs without SP Mobility’s prior written consent. SP Mobility may assign its rights under these EV Charging T&Cs to any of its Affiliates or any third party.
No failure or delay to exercise SP Mobility’s rights under these EV Charging T&Cs shall operate as a waiver thereof nor shall such failure or delay affect the right to enforce SP Mobility’s rights under these EV Charging T&Cs.
The User agrees and acknowledges that these EV Charging T&Cs and the Services do not include the provision of Internet access or other telecommunication services by SP Mobility. Any Internet access or telecommunications services (such as mobile data connectivity) required to access and use the Content and/or Services shall be the User’s sole responsibility and shall be separately obtained by User, at the User’s own cost, from the appropriate telecommunications or internet access service provider.
By accessing and/or using the Services, the User agrees that such access and/or use, as well as these EV Charging T&Cs shall be governed by, and construed in accordance with, the laws of Singapore and the User agrees to submit to the exclusive jurisdiction of the Singapore courts.