MUCHARGING (Macau) Limited and MU (Hong Kong) Limited 

User Agreement and Service Terms & Condition (Private Parking Space)

 

1. MU EV Charging Service

1.1. According to the terms and price listed in the Service contract, we agree to provide Service to you.

1.2. The Service contract includes the following: (1) the contract of Service application (including any supplementary agreement); (2) User Agreement and Service Terms & Condition (Private Parking Space); (3) MU Fair Usage Policy; and (4) Privacy Statement. We have the right to modify and/or supplement at any time without prior notice to you. Please check the relevant information webpage regularly to see if there are any modifications and/or supplements.

1.3. Your use of MU EV Charging Service (“Service”) at MU Charging Station (“Charging Station”) is subject to these Terms and Conditions, the User Guide posted at the Charging Station (“User Guide”) and the Instructions, as they may be changed from time to time.

2. The Service Contract

2.1. Unless we decide otherwise, the contract to apply for this Service will take effect after you sign the Service application contract. The Service contract is automatically renewed, but when either party intends to terminate or change the contract, the party must notify the other party in writing at least three months (90 days) before the Service terminates.

2.2. Under normal circumstances, when you use the Service, if the following situations occur:

(a) We did not contact you regarding the termination or modification of the contract, and you did not contact us regarding the termination or modification of the contract;

(b) We failed to contact the you due to termination or change of contract;

(c) You do not agree to accept any proposal to terminate or modify the contract; and/or

(d) You do not give the company any notice to terminate the Service,

We will continue to provide this Service to you in accordance with the current contract terms and the monthly calculation method determined by us and the monthly fee plan applicable at that time. Unless otherwise specified, any discounts, proposals, and rebates provided by the company to customers during the commitment period will no longer apply.

3. Your obligations

 

3.1. You must:

(a) Within 30 days from the effective date of the Service contract (or within other periods specified in the Service contract or agreed by us), provide an installation address that can be reached safely and in time to our employees, representatives, agents and subordinates to:

(i) Allow us to provide this Service to you; and

(ii) Allow us to perform any work on the equipment or, under legal circumstances, on the equipment of a third party, regardless of whether the work is related to the provision of this Service.

If the customer fails to fulfil the above responsibilities, the company reserves the right to terminate the customer's contract and will charge the customer a cancellation application fee.

(b) ensure that your electric vehicle (“EV”) and all devices connected to the Charging Station by you, or on your behalf, are technically compatible with the Charging Station.

(c) not use or attempt to use the Service, or permit any party to use the Service, in a manner that:

(i) is unlawful, fraudulent, improper or unauthorised or for immoral purpose;

(ii) will violate or infringe the rights or privacy of others, including without limitation, any Intellectual Property Rights;

(iii) will cause annoyance, inconvenience or needless anxiety to any person;

(iv)  will modify, damage, or disassemble any portion of the Charging Station;

(v) is not consistent with the purpose the Service is meant for; or

(vi) is for your own or any party’s (excluding us) commercial gain.

(d) not damage, interfere with, cause any deterioration or degradation of the operation or performance of, or allow any of these acts to be done (including by a third party) to the Service (including the Charging Station); and

(e) provide us with reasonable assistance to enable us to supply or maintain the Charging Station for other EV users (including notifying us promptly if you are aware of any damage to the Charging Station and ensuring your devices used in connection with the Service is maintained in good repair and working condition).

3.2. If you apply for a monthly membership plan under the Service contract, regardless of whether you know or agree, you must only use this service to charge the electric vehicle specified by you, not any other electric vehicle. If the registration number of the electric vehicle designated by you has been changed, you must notify us immediately. In the event of a violation of the foregoing requirements, we can terminate or suspend this Service without prior notice.

3.3. You agree to take care of the equipment provided by us. Regarding the equipment owned by us, you must allow our personnel to enter the installation site to retrieve and remove the equipment within a reasonable time after the termination of your contract, and immediately return the well-functioning equipment to us. If there is any loss or damage to our equipment (except for normal wear and tear), you must compensate for the costs incurred in repairing and replacing the equipment, including the loss, replacement or failure to return the equipment listed in your application contract.

3.4. The installed power sharing network and EV charger control system will not be removed after termination of your service contract. Therefore the power sharing network and EV charger control system as advised in your service contract will remain as our belongings after termination of your service contract.

3.5. You must reimburse us for any loss (including the costs of repairs) or damage caused to us as a result of loss, theft or damage to the Charging Station to the extent that you have (directly or indirectly) caused or contributed to that loss, theft or damage.

3.6. If you are not the owner of the installation site, you will need to obtain the approval of the relevant owner (including but not limited to the approval of the owner committee or the property management company) for the installation and maintenance of this service and you agree to provide the company with the necessary documents for authorization and approval.

3.7. If the delay in the date of completing the installation of this service is caused by you, we may impose additional service fees and/or other charges on you to complete the installation of this service.

3.8. Unless otherwise stipulated in the Service contract, the equipment provided under the Service contract will not be replaced.

3.9. If we cannot complete the installation of the service for you after signing the contract, or has difficulty completing the installation of the service due to site restrictions or special technical reasons, you will be refunded the full amount of deposit specified in the Service contract after deduction of the service fee balance. We do not make additional compensation.

3.10. If the installation site is under particular or unusual power supply circumstances which requires extension or addition of its local electrical power capacity, you may have to pay a particular installation fee.

3.11. If your EV charging equipment is out of service due to your installation site encounters emergency situations such as power trip or system failure, we will refund the monthly service plan in proportion of the affected days of your service.

 

4. The Service

 

4.1. If you want to make any changes to the details of the service under the Service contract, you may have to pay additional handling fees and/or fees. You and us will need to enter into new or more agreements in the Service contract to make corresponding changes and/or supplements to the terms of the Service contract.

4.2. We will only install the equipment once at the specified installation location. Subject to Article 4.3 of this clause, if you have any requirements for relocation and/or reinstallation of equipment, you must sign a new contract with us.

4.3. If you have applied for the monthly membership plan under the Service contract, you can request to migrate this service to a new address, subject to our feasibility assessment of your new address, and you are required to paid (i ) Relocation fees; and (ii) Installation service fees. Unless otherwise agreed, the terms and conditions of all current Service contracts (except for the new installation address) will remain unchanged after the migration is completed.

4.4. The actual charging performance of any electric vehicle charger in this service depends on many factors, including the electric vehicle model and its factory settings, the state and condition of the electric vehicle battery, and the amount of power available in the parking lot.

4.5. The monthly service plan in your service contract is measured base on minutes. The remaining minutes of your monthly service plan cannot be accumulated to the next month.

 

5. Payment for the Service

 

5.1. You must pay for all the charges for the Service in a timely manner without deductions by the payment methods set out in the Service contract or the Instructions.

5.2. You will be liable for all Charges for the Service provided to you, whether or not used by you or another person with or without your knowledge or consent and irrespective of whether the use of the Service was successful.

5.3. You are required to provide a deposit or prepaid fee to us, and the amount of the deposit or prepaid fee will be determined by us. Within a reasonable period of time after the termination of the Service contract, we will deduct the outstanding payments without interest before returning the deposit to you. The relevant prepaid fees will be used to offset the charges that customers need to pay for this service.

5.4. The bill for this service will be delivered to the mobile phone number (SMS), email address, WeChat account, etc. provided by you. In order to ensure that you are able to receive your bills, you are responsible to:

(a) notify us immediately if your email address/mobile phone number/WeChat account, etc. are changed;

(b) Check your spam folder to see if your bill has been sent to the spam folder instead of the inbox; and

(c) contact us if you have not received your bill in due course.

5.5. If you fail to pay any amount required to be paid under the Service contract in time, we may charge you two percent (2%) interest (calculated on a daily basis) for the arrears until the fee is fully paid.

5.6. If you fail to pay the bill, we generally will not suspend or terminate your Service contract, unless the payment is overdue for at least 30 days. If you fail to pay a recent bill in time, or fail to pay the bill many times, we may terminate the service 30 days in advance. If you request to restart the service after the service is suspended by the company due to violation of the terms of the Service contract, you are responsible for paying the reconnection fee to restart the service.

5.7. Depending on the outstanding payment amount, if you fail to pay the bill, we can entrust a debt intermediary to collect the fee on behalf of us. If we take this action, you will have to pay us the additional costs incurred due to the breach of the Service contract. This additional fee will not be higher than the reasonable costs and fees that we need to pay to the intermediary, and the intermediary will add this additional fee on behalf of us to the debts.

 

6. Limiting, Suspending or Ending the Service

 

6.1. The Service contract is automatically renewed. When you sign the service contract with us, it will take effect on the day of signing. If either party has not notified the other party in writing three months (90 days) in advance, the intention to renew the contract is expressed and the contract is automatically renewed.

6.2. When the following situations occur, we can notify you of the restriction, cancellation, termination, or suspension of the service with the mobile phone number (text message), email address, WeChat account, etc. provided by you three months (90 days) in advance. After deduction of the service fee that you should pay, you can get a full refund of the deposit amount specified in the contract:

(a) If there are technical problems, or it is no longer feasible to provide this service;

(b) If the third-party supplier stops supplying the items needed to provide this service to the customer;

(c) If the company reasonably believes that the service needs to be suspended to:

(i) Comply with orders, instructions, rulings, statements, guidelines or similar announcements issued by the government or regulatory agencies;

(ii) Perform scheduled repairs, maintenance or upgrades for this service, any equipment and facilities;

6.3. We may with or without notice limit, cancel, terminate or suspend the provision of Service to you at anytime:

(a) in the event of an emergency or in order to provide resources to emergency and other essential services;

(b) if the supply or use of the Service is or is to become unlawful;

(c) if in our reasonable opinion the provision of Service is liable to cause death or personal injury or damage to property;

(d) if there are technical difficulties or it is not feasible to provide the Service;

(e) if you or any other person use(s) the Service in contravention of the Service T&Cs or for any illegal, unlawful or improper purpose, or you act in a way, which in our reasonable opinion, causes a nuisance or harassment to us or any persons; and/or

(f) if we reasonably believe it is necessary to suspend the Service to:

(i) comply with an order, instruction, determination, statement, direction or similar pronouncement of a government or regulatory authority;

(ii) carry out scheduled maintenance, repair or upgrading of the Service, or any equipment, and facility.

(g) If  you have not paid any due amount for this service;

(h) If the use of this service has exceeded the fair usage amount determined by us from time to time, or is inconsistent with the fair usage policy and instructions determined by us.

6.4. The deposit of this service plan includes the installation and delivery costs of your EV charging equipment. If you have paid the deposit according to the Service contract and the contract is voluntarily terminated by you, we will deduct your outstanding service fee and return the deposit according to the following table:

Period of using the Service (valid from the starting date of the Service)	Deposit refund amount	Extra cancellation fee for early cancellation of the Service
Less than 2 years	MOP $0.00	MOP $15,000.00
2 years to 3 years	MOP $3000.00	MOP $12,000.00
4 years to 5 years	MOP $6000.00	MOP $9000.00
5 years to 6 years	MOP $9000.00	MOP $6000.00
6 years to 7 years	MOP $12,000.00	MOP $3000.00
More than 7 years	MOP $15,000.00	MOP $0.00

 

6.5. The Service contract is automatically renewed. We have the right to adjust the service fee from time to time and we will notify you four months (120 days) before the adjustment of Service fee applies, with the mobile phone number (SMS), email address, and WeChat account provided.  If you do not agree to the adjustment of Service fee, you may email mu@mecommacau.com to apply for termination of your contract within one month (30 days) of the notice of the service fee adjustment and return the original cancellation form to us to terminate the service Contract. We will deduct your outstanding payment and return the full deposit amount specified in the Service contract.

6.6. If you do not notify us in writing of the service fee adjustment within one month (30 days) after the notice of service fee adjustment is issued, we will take note that you agree to the service fee adjustment, and the service fee will be adjusted automatically after four months (120 days).

6.7. The sharing power network and control system installed by us at the installation site cannot be removed after your Service contract is terminated and the sharing power network and control system included in the Service contract shall remain as the property of us.

 

7.  Liability

 

7.1. Unless we have been grossly negligent, committed fraud or wilful default, we will not be liable to you for any losses you suffer or costs you incur because:

(a) you are unable to use the Service and/or the Charging Station for any reason or there is a delay in its use;

(b) any device, hardware or software or service you use in connection with the Service is damaged or corrupted or fails to work;

(c) the Service does not work as you expect, does not meet your requirements or contains errors or defects or we fail to correct these; or

(d) there is a reduced level or failure to provide any service caused by any third party service providers including electricity provider.

7.2. Under no circumstances will we be liable for any indirect or consequential losses, even if advised of the possibility of such losses.

7.3. We will use due care and skill in providing the Service to you. However, given the nature of EV charging (including services and product that we do not own or control), we cannot promise that the Service will be continuous or fault free.

7.4. To the extent permissible by law, we limit our liability up to the amount paid or payable by you for the Service (even if we have been negligent) for all our liabilities under the Service T&Cs for the Service, the Charging Station and/or any other goods and services we supplied or provided.

 

8. Matters beyond our reasonable control

 

Sometimes, we may not be able to do what we have agreed because of a Force Majeure Event. In these cases, we do not accept responsibility for the delay or otherwise not providing you with the Service in accordance with the Service T&Cs.

9. Privacy

 

9.1. Where applicable, we collect, process, disclose, retain or use your Personal Data in accordance withour Privacy Statement which can be founded at www.mucharging.com

9.2. If we request Personal Data from you, you may refuse to provide the Personal Data. However, we may decline to provide the Service to you.

 

10. Information provisioning

 

10.1. You will provide us with the information relating to you or your use of the Service we reasonably require:

(a) to help us in complying with the applicable law and to report to any Government Agency regarding such compliance; and

(b) to assess whether or not you have complied, are complying and will be able to continue to comply with all obligations under the Service T&Cs.

 

11 Changing the terms

 

The latest version of these Terms and Conditions can be found on our website (www.mucharging.com). We reserve the right to unilaterally change any provisions of these Terms and Conditions from time to time, with or without notifying you. Any changes to these Terms and Conditions shall take effect at the time of posting on our website, unless specified otherwise.

 

12 Other things you need to know

 

11. 

12. 

12.1. Other than you, MU and its shareholders, no other party as any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623, the Laws of Hong Kong) to enforce any terms and conditions and/or benefit of the Service T&Cs.

12.2. When we need to contact you or give notice to you, we will use your billing address, correspondence address, email address and/or facsimile, mobile or fixed phone number etc. that you provide us for contacting you. If you need to contact us, please email us mu@mecommacau.com.

12.3. Written notice or communication may be sent by us to you by hand, post, facsimile, email, SMS, bill insert, web notice and/or in such other manner as we may designate. The notice or communication sent by us shall be treated as received by you (a) three (3) days after posting, if sent by letter; (b) at the time of delivery, if delivered in person; (c) immediately upon faxing if sent by fax and the transmission report indicates that the fax transmission was successful; or (d) immediately upon sending the email, if sent by email, unless there is manifest evidence of delayed delivery or non-delivery.

12.4. A waiver of breach of any specific provision of the Service T&Cs shall not constitute a waiver of breach of other terms or a waiver of any prior or subsequent breach of the same term. Under no circumstance will there be any waiver from us unless such waiver is explicitly communicated in any official channel.

12.5. In the event of any discrepancy between the English version and any Chinese version, the Chinese version shall prevail.

12.6. Each of the provisions of the Service T&Cs is severable and distinct from the others, and if one or more of such provisions is or becomes invalid, illegal or unenforceable, such invalid, illegal or unenforceable provisions shall be deleted from the relevant provisions of the Service T&Cs and no longer incorporated herein, but the other provisions shall continue to be effective and binding on you and us.

12.7. The Service T&Cs shall be governed by the laws of the Service and any disputes arising out of or related to the Service T&Cs or the Service will be resolved in private in accordance with Hong Kong/Macau law through mediation and/or arbitration held within Hong Kong/Macau.

 

13. Special meanings

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13. 

13.1. “Force Majeure Event” means anything outside our reasonable control, including, without limitation, technical infeasibility or limitation, industrial disputes of any kind, war declared or undeclared, act of terrorism, blockade, disturbance, a natural disaster (such as lightning, earthquake, storm, flood, explosion or meteor), law or any power lawfully exercised by a Government Agency, any change in any applicable law, rule or regulation of Hong Kong to the Service or your use of the Service, in ability or delay in granting governmental or other approvals, consents, permits, licenses or authorities, or electricity shortage, outage or degradation or third party supplier unable to supply the necessary equipment which we cannot reasonably control.

13.2. “Government Agency” means any government or governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any part of the world.

13.3. “Hong Kong” means the Hong Kong Special Administrative Region of the People's Republic of China.

13.4. “Macau” means the Macau Special Administrative Region of the People's Republic of China.

13.5. “Instructions” means instructions and notifications given by us to you or users of the Charging Station from time to time for the operations of the Charging Station and/or other devices provided by us as part of the Service.

13.6. “Intellectual Property Rights” means all patents, copyrights, design rights, tradenames, trademarks (whether or not registered), database rights, service marks and any pending applications relating to the foregoing, trade secrets, know-how which are recognised as intellectual property rights in the eye of laws, and all other intellectual property rights, third party’s rights and proprietary rights which may exist in any part of the world.

13.7. “Personal Data” has the same meaning given to it in the Personal Data (Privacy) Ordinance (Chapter 486, the Laws of Hong Kong) or Act 8/2005 Personal Data Protection Act (the Laws of Macau) .

13.8. “We” means MUCHARGING (Macau) Limited and MU (Hong Kong) Limited, the service provider of the Service, including and “us” and “our” shall be construed accordingly.

13.9. “You” means the user of to the Service, and “your” shall be construed accordingly.

 

Version: 2021_001.