Version of 10 April 2019

GENERAL TERMS & CONDITIONS FOR ACCESS TO AND USE OF THE BLUESG CHARGING SERVICE

(“TERMS AND CONDITIONS”)

THESE TERMS APPLY ONLY TO INDIVIDUAL AND SINGLE USER MEMBERS OF THE BLUESG CHARGING SERVICE


These Terms and Conditions with the schedules and attachments hereto, together with the Membership Details, as well as the legally binding Privacy Statement, form the BlueSG Contract (hereinafter collectively referred to as the “ Contract ”) between the Member (“ You ” or “ Member ” or “ Your ”) and BlueSG Pte. Ltd. (“ BlueSG ”) and define the Member’s and BlueSG’s respective rights and obligations.

BlueSG generally permits its Members (as hereinafter defined), as further detailed and limited by the Contract, the ability to:

(a)              use the charging site (“ BlueSG Stations ”) and associated parking locations to charge electric vehicles (“ BlueSG Parking Space ”);

(b)              reserve the equipment installed at BlueSG Stations that are authorised to charge such electric vehicles as listed on the BlueSG Website or BlueSG Mobile App (“ Charge Point ”); and

(c)               use the technology software platform (including the smart phone app) and all updates, upgrades, patches, or new versions thereof (“ Software ”) that operates all of the foregoing,

collectively referred to as the “ BlueSG Charging Service ”.

BY SELECTING AND CONFIRMING YOUR ACCEPTANCE WHERE INDICATED, YOU ACKNOWLEDGE AND CERTIFY THAT YOU HAVE READ, AND UNDERSTOOD, AND AGREE TO BE BOUND BY ALL OF THE TERMS, CONDITIONS, PROVISIONS AND NOTICES CONTAINED HEREIN, ALONG WITH ALL ATTACHMENTS, AS WELL AS THE MEMBERSHIP DETAILS, JUST AS IF YOU HAVE SIGNED THIS CONTRACT.

THESE TERMS AND CONDITIONS CONTAIN, INTER ALIA, IMPORTANT INFORMATION RELATING TO THE USE OF THE BLUESG CHARGING SERVICE, LIMITATIONS ON BLUESG’S LIABILITY, MEMBER’S OBLIGATION TO COMPENSATE BLUESG FOR VARIOUS BREACHES OF THIS CONTRACT AND AUTOMATIC RENEWAL OF MEMBERSHIP.

WHERE A CHARGE POINT IS LOCATED IN A CAR PARK OR ANY OTHER RESTRICTED AREA, YOU WILL BE REQUIRED TO PAY PARKING FEES TO THE CAR PARK OPERATOR TO PARK YOUR CAR.

PLEASE PAY ATTENTION TO ANY SIGNAGE AND/OR PARKING RULES AND RESTRICTIONS THAT ARE IDENTIFIED FOR PARTICULAR CHARGE POINTS / BLUESG PARKING SPACES, AND THAT YOU COMPLY WITH THESE RULES AND RESTRICTIONS. SOME BLUESG PARKING SPACES MAY BE SUBJECT TO TIME LIMITS AND RESTRICTIONS ON RETURNING TO A PARTICULAR BLUESG PARKING SPACE WITHIN A PRESCRIBED TIME. PLEASE ALSO READ THE RULES FOR USE OF BLUESG PARKING SPACE DESCRIBED IN PARAGRAPH 6.

AS A MEMBER, YOUR MEMBERSHIP WILL RENEW AUTOMATICALLY ON EACH ANNIVERSARY OF THE ACTIVATION DATE FOR A FURTHER PERIOD OF ONE (1) YEAR, AND A NEW ANNUAL SUBSCRIPTION FEE WILL BECOME DUE.

BY SELECTING AND CONFIRMING YOUR ACCEPTANCE WHERE INDICATED, YOU CERTIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT HEREIN, INCLUDING AN AUTOMATIC RENEWAL OF YOUR MEMBERSHIP.

IF YOU HAVE ANY QUESTIONS REGARDING THESE TERMS, PLEASE CONTACT THE CUSTOMER RELATIONS CENTER.

1. Definitions

In these Terms, the following words will have the following meanings:

Activation Date ” shall mean the date from which You are entitled to use the BlueSG Charging Service. Subject to the terms of this Contract, and provided that You have: (i) completed the Application Form; (ii) You have paid the annual Subscription Fee in full; (iii) You have agreed to accept these Terms and Conditions; and (iv) We have issued Our Acceptance. The Activation Date shall be the date you nominate as such during the Membership Application Process. If You do not nominate an Activation Date, the Activation Date will be the same as the Membership Subscription Date.

Additional Fee ” shall mean the additional fees payable by You to BlueSG which fall due where indicated in these Terms and Conditions. The instances in which Additional Fees are due and the amount payable for each instance is set out in Schedule 1.

Applicable Laws shall mean all laws, regulations, by-laws and other mandatory requirements applicable to Your use of the BlueSG Charging Service including, without limitation, all road traffic and parking regulations in force in Singapore.

Application Form shall mean the form, available on the BlueSG Website and BlueSG Mobile App, that You must complete to become a member of BlueSG during the Membership Application Process.

Approved Vehicle Category shall mean those models of electric vehicles equipped with: (i) a matching Type 2 vehicle inlet (or AC charging only); or (ii) a combo-2 vehicle inlet (for AC and DC charging), as may be amended by the Energy Market Authority of Singapore or BlueSG and as identified on the BlueSG Website and BlueSG Mobile App from time to time.

BlueSG ” shall mean BlueSG Pte. Ltd. (Company Registration No.: 201617258W), a company incorporated in Singapore and having it registered office at 16 Science Park Drive, #04-01 DNV GL Technology Centre, Singapore 118227.

BlueSG Charging Membership Card means an RFID card issued by BlueSG, that, in conjunction with Your Membership PIN, enables You to access the Charge Points during Your Membership Period.

BlueSG Mobile App ” shall mean the mobile application operated by BlueSG for use on a mobile phone conforming to the requirements of such application, and allowing a Member to perform some of the functions as on the BlueSG Website, in particular, searching for and reserving a BlueSG Station.

BlueSG Zone shall mean the main island of Singapore, Sentosa and Jurong Island.

Charging Fee shall mean the fee payable by You to BlueSG for charging your electric vehicle at a BlueSG Charge Point as set out in Schedule 1 below subject to a minimum period of one (1) hour per rental.

Completely Unavailable ” shall mean the BlueSG Charging Service is completely unavailable for use. For the avoidance of doubt, unavailability of a Charge Point and its associated parking space shall not mean that the BlueSG Charging Service is completely unavailable for use.

Connector Cable ” shall mean the charging cable which is connected to the Charge Points which has to be connected to Your Vehicle.

CP Zone ” shall mean the specific zone where a Charge Point is available to Members. The zone is identified for each BlueSG Charge Point on the BlueSG Website and on the BlueSG Mobile App.

Customer Relations Center ” shall mean the BlueSG information and help center, which is operates 24 hours a day, 7 days a week, and which can be reached on the number listed on the BlueSG Website.

Fees ” shall mean the Subscription Fee, Charging Fee, Additional Fee and any and other charges that may be imposed by Us on You.

Member ” shall mean a consumer, it being specified that legal entities are excluded, who has subscribed to and is permitted to use the BlueSG Service in accordance with this Contract.

Members’ Area shall mean the on-line secure account management space within the BlueSG Website and the BlueSG Mobile App, accessible by You following log-in, from which You can manage personal information including Your payment information, pay your bills, statements and invoices, view Your rentals and any informational messages from BlueSG.

Membership Application Process ” shall mean the process of applying for a BlueSG Charging Service membership, which may be completed on the BlueSG Website or BlueSG Mobile App.

Membership Period shall mean the duration of your BlueSG Charging Service membership as described in paragraph 2.

Membership Subscription Date shall mean the date when all the following conditions have been fulfilled: (i) You have completed the Application Form, (ii) You have paid the annual Subscription Fee in full; (iii) You have agreed to the Terms and Conditions; and (iv) We have issued Our Acceptance;

Our Acceptance ” shall mean an email sent by Us to you confirming that We accept Your Application Form and that a contract between You and Us, incorporating these Terms and Conditions, has been formed in respect of Your BlueSG Membership.

Payment Card ” shall mean any valid debit or credit card (Visa or MasterCard) as amended, supplemented and restated on the BlueSG Website from time to time.

Personal Data shall mean data, whether true or not, about an individual who can be identified: (a) from the data alone; or (b) from that data and other information which the organization has or is likely to have access.

Privacy Policy means the privacy policy referred to in paragraph 12 below, which is available to view on the BlueSG Website.

Registered Card ” means Your EZ Link or NETS Flashpay card that has been registered with BlueSG. For the avoidance of doubt, EZ Link cards that are more than five (5) years old cannot be used for the BlueSG Charging Service.

Renewal Date ” shall mean each anniversary of the Activation Date, from which, subject to a Member electing not to renew in accordance with the Terms and Conditions herein, the Membership Period of a Member will be automatically renew for a further twelve (12) month period.

Reservation Fee ” means the fee set out in Schedule 1 for reserving a Charge Point in accordance with paragraph  4.1.

Subscription Fee means an annual fee from the Activation Date and any Renewal Date, payable in advance during the Membership Application Process as set out in Schedule 1.

Vehicle means the plug-in vehicle, in an Approved Vehicle Category, with the licensed number plate set out in Your Application Form, or a substitute Vehicle (in an Approved Vehicle Category) notified by You and accepted by  Us in accordance with these Terms and Conditions.

2. BLUESG CHARGING MEMBERSHIP

2.1    To become and remain a BlueSG Charging Service Member you must:

2.1.1 have attained the age of 18;

2.2.2 have completed the Application Form on the BlueSG Website or on the BlueSG Mobile App and We must have issued Our Acceptance;

2.2.3 pay the annual Subscription Fee in full;

2.2.4 be and remain throughout each Membership Period the owner or the registered keeper of the Vehicle;

2.1.5      ensure the Vehicle is, and remains, registered with the Land Transport Authority in Singapore;

2.1.6      comply with these Terms and Conditions, together with any instructions that We may send to You or (in the event of circumstances where you call our Customer Relations Center for assistance) with any instructions that We may give You orally from time to time in relation to the access to and use of Charge Points;

2.1.7        hold a valid Payment Card in Your own name which is accepted for payment by Us (please refer to the list of accepted payment methods on the BlueSG Website); and

2.1.8        not owe Us money.

2.2    As part of the Application Form, You will be required to provide the following information about the Vehicle: (a) registration number; and (b) manufacturer; and (c) model; and (d) year of first registration.

2.3    You must pay the annual Subscription Fee in full during the Membership Application Process by your Payment Card by visiting the BlueSG Website or the BlueSG Mobile App. We do not retain your Payment Card details.

2.4    Our BlueSG Website will guide You through the steps You need to complete the Application Form either on the BlueSG Website or BlueSG Mobile App. Our order process allows You to check and amend any errors before submitting Your Application Form to Us. Please take the time to read and check the Application Form order at each page of the application process. After You submit Your Application Form, You will receive an email from Us acknowledging that We have received Your application. However, please note that this does not mean that Your application has been accepted. If We accept Your Application Form, We will confirm this by sending You Our Acceptance. The contract between Us will only be formed when We send You Our Acceptance.

2.5 Following receipt of the annual Subscription Fee in full and our issuance of Our Acceptance, We will issue You:

2.5.1.   with a BlueSG Charging Membership Card (if you have opted to receive one) in accordance with paragraph 3 below which will enable You to access the Charge Points in accordance with these Terms and Conditions. We will send You Your BlueSG Charging Membership Card to the postal address You gave Us in your online application; and/or

2.5.2    a BlueSG Charging Service decal (“ Decal ”) which You shall affix on the windscreen of Your Vehicle registered with Us for the use of the BlueSG Charging Service.

2.6 Commencement and Duration

2.6.1      You may choose to have your Membership Period begin up to thirty (30) days after the Membership Subscription Date. In such circumstances, the date You choose for the commencement of Your Membership Period shall be the Activation Date and You will not be able to use the BlueSG Charging Service until this date. If You do not nominate a deferred Activation Date, You will be permitted to use the BlueSG Charging Service from the Membership Subscription Date (which will be Your Activation Date).

2.6.2      Your Membership Period lasts for twelve (12) months from the Activation Date and will renew automatically for successive twelve (12) month periods from each Renewal Date (unless either We or You have terminated earlier in accordance with these Terms and Conditions). and a new annual Subscription Fee will become due on each Renewal Date.

3. ACCESS TO CHARGE POINTS

3.1    Upon successful registration of Your Membership, You will receive a text message or an email with a 6 digit pairing code that will be used at a Charge Point to pair Your BlueSG Charging Membership Card or Registered Card to your BlueSG account. The pairing of Your BlueSG Charging Membership Card or Registered Card to Your BlueSG account need to be only done once, prior to your first reservation. For the avoidance of doubt, until you successfully pair Your BlueSG Charging Membership Card or Registered Card to your BlueSG account, You will not be able to reserve a BlueSG Parking Space or Charge Point.

3.2    Your BlueSG Charging Membership Card or Registered Card and Decal will be valid for the Membership Period. The BlueSG Charging Membership Card and Decal remains Our property at all times.

3.3    You are responsible for keeping Your BlueSG Charging Membership Card or Registered Card and Decal safe and secure. If Your BlueSG Charging Membership Card or Registered Card or Decal is lost, stolen or damaged You must notify Us immediately and where a BlueSG Charging Membership Card or Registered Card or Decal that is lost, stolen or damaged, We will issue You with a replacement BlueSG Charging Membership Card or Decal. In this case, We may charge You the non-refundable Additional Fee set out in Schedule 1.

3.4    Your BlueSG Charging Membership Card or Registered Card and Decal can only be used by You for Your Vehicle. Vehicles must only have one BlueSG Charging Membership Card or Registered Card and Decal registered to it at any one time. Your BlueSG Charging Membership Card or Registered Card and Decal is personal to you and non-transferable. You must notify Us immediately if You are no longer the registered owner or registered keeper of the Vehicle so that Your existing Membership can be terminated. If You purchase another electric vehicle, You will need to make a new membership application via the BlueSG website or BlueSG Mobile App.

3.5    We reserve the right to terminate or suspend Your BlueSG Charging Membership Card or Registered Card at any time if We have reasons to suspect that  Your BlueSG Charging Membership Card or Registered Card is being used fraudulently or in breach of these Terms and Conditions or if  You have notified  Us that it has been lost, stolen or damaged. We will notify You of any such termination or suspension. We may also update the format of our BlueSG Charging Membership Cards or membership access process (particularly as technology evolves), in which case We may issue You with a new BlueSG Charging Membership Card or other method of access which should be used in substitute for Your BlueSG Charging Membership Card or Registered Card. Prior to doing the foregoing, reasonable prior notice will be given to You by BlueSG.

3.6    When Your BlueSG membership terminates, Your BlueSG Charging Membership Card and Decal will be deactivated.

3.7 Although We will use Our reasonable endeavours to make a Charge Point available, We cannot guarantee the availability of any Charge Point or that any Charge Point will be fully operational (whether reserved by You or not) as these factors are outside of Our control and can depend on the actions of third parties, including the owners of locations where we are permitted to place our Charge Points. If You do experience any problems accessing or using any Charge Points, please contact the Customer Relations Center.

3.8 Vehicles that are in the Approved Vehicle Category will be able to use the Charge Points, but if You have any queries or concerns about whether or not Your vehicle can be charged at the Charge Points, please check the Approved Vehicle Category list on the BlueSG Website or contact the Customer Relations Centre.

4. RESERVING A CHARGE POINT

4.1    A Member may reserve a Charge Point via the BlueSG Website or the BlueSG Mobile App. After a Charge Point has been reserved, You have forty-five (45) minutes to go to and access the selected Charge Point for use with Your BlueSG Charging Membership Card or Your Registered Card.

4.2    Please refer to the BlueSG Website or the BlueSG Mobile App regularly for an up to date map showing the location of the Charge Points. Please note the location of the Charge Points may change from time to time.

4.3   Charge Points can currently be reserved for a Reservation Fee as set out in Schedule 1.

5. CANCELLING OR CHANGING A CHARGE POINT RESERVATION:

5.1    You can cancel a pending Charge Point reservation at any time before expiry of forty-five (45) minutes from the time You make the initial reservation. You can cancel a reservation via the BlueSG Website, BlueSG Mobile App, or by contacting the Customer Relations Center.

5.2    After a Charge Point reservation has been cancelled, You will not be permitted to make a new reservation for ten (10) minutes; or if the reserved Charge Point has not been accessed by You for use or cancelled within the reserved period, You will not be permitted to make a new reservation for ten (10) minutes.

5.3    You will incur an Additional Fee if You do not access the Charge Point for use, or do not cancel the reservation within forty-five (45) minutes from the time You make the applicable reservation.

5.4    You can change a pending Charge Point reservation by switching a reservation to another Charge Point, at any time before the expiry of forty-five (45) minutes from the time You make the reservation. You can change a reservation via the BlueSG Website, BlueSG Mobile App, or by contacting the Customer Relations Center. Please note that changing a Charge Point reservation will not extend the period of time for accessing that Charge Point referred to in paragraph 5.1 above.

6. CHARGING YOUR VEHICLE

6.1    IT IS PARTICULARLY IMPORTANT THAT YOU ADHERE TO THE RULES FOR PROPER USAGE AND OCCUPATION OF BLUESG STATIONS TO OPTIMISE THE USAGE OF THESE STATION FOR THE BENEFIT OF ELECTRIC VEHICLE USERS.

6.2    You may charge Your Vehicle at a Charge Point whilst correctly parked within the boundaries of a BlueSG Parking Space. If You incorrectly park Your Vehicle or park in a way which impedes other BlueSG Members from using a neighboring BlueSG Parking Space or Charge Point, You will be liable to pay whatever parking enforcement charges might be levied by the relevant parking enforcement authority or car park operator, as well as the Additional Fee payable to Us in accordance with Schedule 1 .

6.3    You must also ensure that Your Vehicle is at all times parked in accordance with any rules and policies that apply to such BlueSG Parking Space. Please note that such rules and policies may differ from one BlueSG Parking Space to another and We will not be responsible for charges or fines you incur as a result of Your failure to observe parking restrictions.

6.4    You must not park in a BlueSG Parking Space if You are not using a Charge Point to charge Your Vehicle and/or fail to display Your Decal on the windscreen of Your Vehicle. If You are not using a Charge Point to charge Your Vehicle and/or fail to display Your Decal on the windscreen of Your Vehicle but park in a BlueSG Parking Space, You will be liable to pay whatever parking enforcement charges might be levied by the relevant parking enforcement authority or car park operator, as well as the Additional Fee payable to Us in accordance with Schedule 1.

6.5    Please be aware that the BlueSG Parking Stations will require the payment of access and/or parking charges to third parties, in addition to amounts payable to Us.

6.5    Some BlueSG Parking Spaces may be subject to time limits on usage (and where this is the case, there will be signage indicating such time limit restrictions near the BlueSG Parking Space). You must comply with the parking rules applicable to the BlueSG Parking Space. You are responsible for the payment of any applicable parking charges whilst parked in the BlueSG Parking Space.

6.6 In addition to any Additional Fees which You might become liable to pay Us if You breach these Terms and Conditions and for any parking charges that are payable to third parties for occupying BlueSG Parking Spaces (as described in paragraph  6.5 above),  if  You park in any BlueSG Parking Space in a way which is in breach of any signage relating to the relevant BlueSG Parking Space, and/or any applicable laws, byelaws, regulations, parking rules or policies in force in any particular location,  You may be subject to any sanctions and liable to pay any fines or penalties imposed by the relevant parking enforcement authority. You also risk Your Vehicle being immobilised or clamped or removed. A charge may be payable to release Your Vehicle.

6.7    You must follow all instructions provided to users in relation to the use of a Charge Point. Please refer to the BlueSG Website for instructions on how to use the Charge Points and contact the Customer Relations Center if You have any queries. When using a Charge Point, whether reserved or not, You must present your BlueSG Charging Membership Card to the Charge Point to gain access to the charging facility. You will not be able to access and use a Charge Point which has already been reserved by another BlueSG Charging member.

6.8    You must not park in a BlueSG Parking Space or use a Charge Point that is showing a red light. A Charge Point showing a blue light means that it is reserved by You or another user. If You have no reservation and park in a BlueSG Parking Space that has been reserved by another user, You will be charged an Additional Fee to cover administration costs and lost fees.

6.9    You specifically agree that You will not use any Charge Point or occupy a BlueSG Parking Space for a period longer than the period referred to in paragraph 6.5 above, nor return to that BlueSG Parking Space within a restricted time (in each case, as indicated by signage at that BlueSG Parking Space).

6.10 It is Your responsibility to ensure that the charging of Your Vehicle using a Charge Point is carried out safely so as to avoid injury to any person or damage to property including, without limitation, ensuring that You take all reasonable care when charging your Vehicle and that:

6.10.1      the Connector Cable is safely plugged into  Your Vehicle and the positioning of the connector cable does not create a tripping hazard to any person;

6.10.2      the Vehicle is not driven with the connector cable still attached to the Charge Point;

6.10.3      the connector cable is not unplugged from the Vehicle before the plug is removed from the Charge Point; and

6.10.4      once You have finished charging Your Vehicle, the connector cable is disconnected in accordance with paragraph 6.11. If this is completed correctly and You have swiped Your membership card on the Charge Point, this will end the charging session.

IMPORTANT NOTICE If You do not follow the above procedure for correctly disconnecting Your Vehicle from the Charge Point: (i) the charging session may not end, and You will continue to be charged Charging Fees, even if electricity is not actually being delivered to Your Vehicle; and (ii) the Charge Point may not be registered on our system as available, meaning that it will not become available for use by other members. One of our operatives will therefore need to attend the Charge Point in person to reset the Charge Point. In these circumstances, We will charge You the Additional Fee set out in Schedule 1 by way of an administration fee.

6.11  You can access the BlueSG Website and BlueSG Mobile App, which will provide You with information on the Charge Points that You are entitled to use, including their location. We will update this information on a regular basis. Please always check for up-to-date information as Charge Points may be moved or withdrawn from the BlueSG Charging Service or new Charge Points added from time to time. Your Membership does not entitle You to use any Charge Point except those designated as available as part of the BlueSG Charging Service on the BlueSG Website or BlueSG Mobile App.

7. PAYMENT OF FEES

7.1    Where You use a Charge Point, You must pay Charging Fees. Charging Fees are calculated based on the length of time from: (a) the point at which You swipe Your BlueSG Charging Membership Card or Registered Card on the Charge Point; to (b) the point at which You end the charging session by swiping the BlueSG Charging Membership Card on that Charge Point again; calculated at the rate set out in Schedule 1. Charging Fees are payable in addition to the Subscription Fee.

7.2    Shortly after using a Charge Point, You will receive an SMS text message or push notification on the BlueSG Mobile App from us setting out: (a) the length of time You spent using the Charge Point, and (b) the Charging Fees payable in respect of the same. We will then charge your Payment Card.

7.3    We will deliver periodic invoices to Your BlueSG account. Such invoices will set out all the Fees due to BlueSG as at the date of that invoice.

7.4    Our invoices will set out all outstanding amounts You owe Us at the date of that invoice or amounts paid to Us since the later of: (a) the date of the previous invoice delivered to You, and (b) the Activation Date. The amount of Your invoice shall be rounded to two decimal places.

7.5    You may access all invoices via Your account on Your BlueSG Charging online account via the BlueSG Website. You can also request paper copy invoices, but this will incur an Additional Fee per invoice to cover our administrative and postage costs.

7.6    Under no circumstances will We be responsible for any overdraft, overlimit or any other fees charged by Your credit or debit card company or bank.

7.7    Updating payment methods

7.7.1        You must ensure that We have Your current Payment Card details. If Your Payment Card details change for any reason, You must update Your Payment Card details via the BlueSG Mobile App or the BlueSG Website.

7.7.2        Where Your Payment Card is due to expire, You must update Your new Payment Card details via the BlueSG Mobile App or the BlueSG Website no less than fourteen (14) days prior to expiry of Your old Payment Card.

7.7.3        Where Your Payment Card expires or is cancelled during the term of this Contract, You must update Your new Payment Card details via the BlueSG Mobile App or the BlueSG Website immediately. In any case, You authorise us to obtain through lawful means Your updated bank card information and use this to process the amounts payable to Us under this Contract.

7.7.4        You shall ensure that there are sufficient funds available on Your Payment Card for payment of Fees when they fall due. You shall provide us with an alternative method of payment if such funds are not available or if payment is cancelled by You or Your bank.

7.7.5        If  You are in breach of paragraph  7.7.1, 7.7.2, 7.7.3 and 7.7.4 above, meaning that We are unable to charge the Fees due from You to Us on Your Payment Card, We will send  You a text message informing  You of the issue and may, forty-eight (48) hours from the first rejected payment, suspend Your access to the BlueSG Charging Service until  You have provided Us with up to date payment information and paid  Us any monies owed to Us. We will always let You know when We suspend Your access to the BlueSG Charging Service. You will also be charged an Additional Fee by way of an administration fee if a payment that is due to Us from You is dishonored by the issuing bank of Your Payment Card.

7.8    Interest

We also reserve the right to charge You interest on any outstanding Fees due to Us which We were unable to collect from You or which were not paid to Us by other means on the date that the payment was due.

7.9    Promotional Codes

7.9.1    We may, in Our sole discretion, create promotional codes that You may redeem and credit against Subscription Fees and Charging Fees, subject to any additional terms that We establish on a per promotional code basis (" Promotional Code ").

7.9.2    You agree that Promotional Codes: (a) are unique to the Member to whom they are delivered, are non-transferable, and can only be used by the Member to which they are delivered; (b) must only be used for the intended purpose, and in a lawful manner; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum or otherwise), unless expressly permitted by Us; (d) may be disabled by Us at any time for any reason; (e) may only be used pursuant to the specific terms that We establish for such Promotional Code (including promotion time limits); (f) are not valid for, and cannot be exchanged for, cash; and (g) may expire prior to Your use of the Promotional Code.

7.9.3    We reserve the right to withhold or deduct credit against Subscription Fees and/or Charging Fees or other features or benefits obtained through the use of Promotional Codes in the event that We determine or reasonably believe that the use or redemption of the Promotional Code was in error, fraudulent, illegal, or in violation of the applicable Promotional Code's terms or these Terms and Conditions.

8. Your Responsibility for Losses

8.1    You will be responsible for any damage caused to a Charge Point, any other property or for any injury to any person which is caused by Your breach of these Terms and Conditions or by Your misuse or negligence or failure to comply with any user instructions or guidance in relation to a Charge Point. You must notify Us of any damage caused to a Charge Point by contacting our Customer Relations Centre immediately.

9. Limitation of Our Liability

9.1    No Guarantee of Availability of BlueSG Charging Service

While We will use our reasonable endeavours to make the BlueSG Charging available for use by its members in accordance with Our duties to perform this Contract using reasonable care and skill, We cannot guarantee the 24/7 availability of the BlueSG Charging Service. As the BlueSG Charging Service is a self-service operation, We shall not be responsible to You if a Charge Point is unavailable at any particular location or if We are incapable of honouring the reservation of a Charge Point, in the event of an occurrence outside of our control (such as the parking or standing by an unauthorised person in the BlueSG Parking Space at the time You have reserved a Charge Point despite the BlueSG Parking Space lighting indicating that the BlueSG Parking Space has been reserved). However, if this does occur, please contact the Customer Relations Center who will try to direct You to an available BlueSG Parking Space.

9.2    Right to Suspend BlueSG Charging Service

9.2.1        If, for any reason, the BlueSG Charging Service is Completely Unavailable for a period of more than five (5) consecutive days, You will be entitled to a partial refund of the Subscription Fee You have paid to Us or such other type of refund as decided by BlueSG.

9.3    We are responsible to You for foreseeable loss and damage caused by Us:

9.3.1      If We fail to comply with these terms, We are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or Our failing to use reasonable care and skill. However, We are not responsible for any loss or damage that is not foreseeable or which is not caused by Our breach of this Contract or failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the Membership Application Process.

9.4    We are not liable for business losses

9.4.1        WE ONLY PROVIDE THE BLUESG CHARGING SERVICE UNDER THESE TERMS AND CONDITIONS FOR DOMESTIC AND PRIVATE USE. IF YOU USE THE SERVICE FOR ANY COMMERCIAL, TRADE; BUSINESS, PROFESSION OR RE-SALE PURPOSE WE WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, DEPLETION OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES.

9.5       Exclusion of Certain Types of Loss

9.5.1      Subject to paragraph 9.8 (Losses that We do not exclude or limit) below, We will not be liable to You, for: (a) any loss of, or damage to, Your personal property whether during or after using a Charge Point, unless such loss or damage is caused by our negligence or if We have breached this Contract or failed to use reasonable care and skill; and (b) the unavailability of a BlueSG Parking Space or Charge Point because it has already been occupied by another member of BlueSG (unless We have caused such unavailability by Our negligence, such as by failing to implement a reservation that You have made).

9.6    Safety Instructions / Events Outside of our Control / Maintenance & Upgrade Works

9.6.1        We shall not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Contract that is caused by: (a) Your failure to comply with reasonable instructions regarding the safe use of Charge Points, including instructions given in signage, in these Terms and Conditions and on the BlueSG Website; (b) Your failure to inform Us of any material issues or defects of which You are aware; or (c) Your breach of these Terms and Conditions; in the case of each of (a), (b) and (c), except to the extent that any damage suffered is caused by Our negligence or breach of these Terms; or (d) an event outside of our control, provided that We take reasonable steps to prevent or minimise delay. These types of events could include (amongst others) strikes or other industrial action by third parties, civil commotion, riot, terrorist attack or threat of terrorist attack, war (whether declared or not), fire, explosion, storm, flood, earthquake, or other natural disaster, failure of or interruption to public or private telecommunications networks that We do not control, the impact of computer viruses which does not result from our negligence, failure or disruption to GPS satellites or signal failures, traffic congestion or accidents, or delays caused by road or street works; or (e) planned maintenance works or works relating to the reinforcement, upgrade or extension of the BlueSG Charging Service or its Charge Points. Where possible, We will give You as much notice of these works as reasonably possible by posting details of such works on the BlueSG Website.

9.7    Our maximum liability to You

9.7.1        Our liability to You shall not be limited if We have failed to provide the BlueSG Charging Service to You with reasonable skill and care or within a reasonable time of entering into this contract, provided such failure is caused solely by Us.

9.7.2        In circumstances which fall outside of those described at paragraph 9.7.1, and subject to paragraph 9.8, Our total liability to You in respect of all other losses arising in connection with this Contract shall be limited to S$100,000. This means that the most You could claim from Us for losses incurred by You in these circumstances would be S$100,000.

9.8    Losses that We do not exclude or limit

Nothing in this Contract shall limit or exclude Our liability to You for: (a) death or personal injury caused by Our negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded under the laws of Singapore.

10. Termination or Cancellation

10.1     The BlueSG Charging Service is reliant upon its agreement with the applicable government agencies. If is no longer viable for whatever reason (including financial), We may by written notice to You, terminate the BlueSG Charging Service and Your membership of it. In such circumstances, You will be entitled to a refund of a proportion of the Subscription Fee.

10.2     Our right to terminate

If You are found to be misusing a Charge Point, BlueSG Charging Membership Card, Decal or a BlueSG Parking Space or if You do not comply with these Terms and Conditions, We will be entitled to terminate Your membership in the BlueSG Charging Service and deactivate your BlueSG Charging Membership Card and Decal upon notice to You (but where it is possible for You to remedy the misuse or non-compliance, We will give You notice of this and allow You at seven (7) calendar days to complete the remedy before exercising Our right to terminate).

10.3     Your right to terminate for cause

You will be entitled to terminate Your membership of the BlueSG Charging Service by way of message through your BlueSG Charging Service account if: (a) We are in material breach of these Terms and Conditions; or (b) We are unable to provide the BlueSG Charging Service to You due to an event beyond Our control; (c) You sell Your vehicle (You will need to provide evidence from the LTA that You are no longer the registered keeper of the vehicle); or (c) You move home and are no longer living in Singapore.

10.4     Consequences of termination or cancellation

Upon termination or cancellation of the BlueSG Charging Service or Your membership: (a) You will no longer be entitled to use any Charge Points; and (b) We will deactivate your BlueSG Charging Membership Card and Decal.

11. Contacting Us, Complaints & Your Legal Rights

11.1  Contact between You and Us

11.1.1      Us contacting You.

In most circumstances, if We need to contact You for any reason, We will do so by leaving a message in the Members’ Area. This will automatically generate an email to Your nominated email address, informing You that You have a new message. You must check the Members’ Area. Any notices or communication required or permitted to be given to You shall be in writing and shall be sufficiently given if delivered to You in this way. In some circumstances, We may provide information by other means: for example, when You have successful completed a charging session, We will notify You by SMS text message or, if We do not have Your SMS text message contact details, by email.

11.1.2      You contacting Us.

If You need to contact Us for any reason, in the first instance You should contact the Customer Relations Center. Any notices or formal communication required or permitted to be given to Us must be in writing, and shall be sufficiently given if sent to the Customer Service Team via the Members’ Area.

12. Personal Data

12.1  We will collect and hold certain Personal Data. We are committed to complying with Our legal obligations in the manner in which We hold and use Your Personal Data.

12.2 Please refer to the BlueSG Privacy Statement, accessible on www.bluesg.com.sg, which explains how the information shared by You or collected from You will be used and disclosed by Us. You acknowledge that the BlueSG Privacy Statement may be amended from time to time in accordance with its terms.

12.3 Please note that We may share Your Personal Data with third parties, such as the other members of the Bolloré Group and Our service providers, for the purposes of providing the BlueSG Charging service. Note that We do NOT retain your Payment Card details.

13. Amendments

13.1  We may amend any of these Terms and Conditions at any time with immediate effect to reflect any changes to applicable taxes. Any such changes shall be effective and binding on You from the time at which We notify You of such changes.

13.2  In addition to Our right to amend these Terms and Conditions under clause 13.1 above, We may amend any of these Terms and Conditions by providing thirty (30) days' prior written notice to You.

13.3  If We make any changes to these Terms and Conditions in accordance with paragraph 13.2 above and You do not wish to be bound by such changes, You will be entitled to terminate Your BlueSG Charging Membership by way of written notice to Us through the Members’ Area within thirty (30) days of our notice to  You amending the Terms and Conditions. If We do not receive Your notification to terminate Your membership within thirty (30) days of Our notice to You amending the Terms and Conditions, You will be deemed to have accepted the amendments.

13.4  A notice to the Member under paragraphs 13.1 and 13.2 above will be deemed delivered when posted to the Members’ Area.

14. Other Important Terms

14.1 Treatment of BlueSG personnel and other members

14.1.1    BlueSG staff and representatives will at all times behave politely, courteously and respectfully towards You, and expect the same from You.

14.1.2    You must not exhibit any inappropriate behaviour (for example violence, verbal and/or written and/or physical assault, threats, insults and/or intimidation) towards BlueSG staff or other representatives, nor other members. If you breach this paragraph 14.1.2, we may immediately terminate your membership of the BlueSG Charging Service, and commence legal proceedings against You. In addition, you will not be provided with a refund. If we suspect that you have committed a criminal offence, we will report all relevant facts to the police.

14.2  Other

14.2.1 Nothing in these Terms and Conditions is intended to, or shall be deemed to establish any partnership, agency or joint venture between the parties.

14.2.2 Only You and We have rights under these Terms and Conditions. No other person shall have any rights under these Terms and Conditions. You may not transfer or assign any of Your rights or obligations under these Terms and Conditions to any other person.

14.2.3 We may transfer our rights and obligations under these Terms and Conditions to another organisation. We will contact You to let You know if We plan to do this. If You are unhappy with the transfer You may end the Contract within thirty (30) days of Us telling You about it by way of written notice to US through the Members’ Area.

14.2.4 The rights and remedies provided in these Terms and Conditions are in addition to, and not exclusive of, any rights or remedies provided by law.

14.2.5 If We do not insist immediately that You do anything You are required to do under these Terms and Conditions, or if We delay in taking steps against You in respect of You breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase You but we continue to provide the products, We can still require You to make the payment at a later date.

14.2.6 The paragraph headings in these Terms and Conditions are included for convenience only and shall not affect the interpretation of these Terms and Conditions.

14.2.7 Each of the paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.2.8 This Contract is governed by and construed in accordance with the laws of Singapore.  are governed by English law. The parties hereby submit unconditionally to the exclusive jurisdiction of the courts of Singapore.

14.3    Comments, Issues and Complaints

14.3.1        If You would like to give Us any comments or raise any issues in relation to the BlueSG Charging Service, please contact the Customer Relations Center.

14.3.2        If You would like to raise any complaint about any aspect of the BlueSG Charging Service: (a) in the first instance, please raise any comments or complaints with the Customer Relations Center, who will do their best to resolve the issues behind Your complaint as quickly as possible; (b) if You are not happy with how the Customer Relations Center has handled any complaint, or how Your complaint was resolved, You are entitled to request that We escalate Your complaint within our organisation; (c) if You remain unhappy with the resolution to Your complaint, We recommend that You commence legal proceedings.



Schedule 1

The tables below sets out the Subscription Fees, Charging Fees, Additional Fees and are inclusive of any applicable taxes.

1. SUBSCRIPTION AND CHARGING FEES

TYPE OF MEMBERSHIP

MEMBERSHIP PERIOD

SUBSCRIPTION FEES

CHARGING FEES

(for the initial 3 hours)

CHARGING FEE

(for each additional hour after the initial 3 hours)

Yearly Membership

Period of one (1) year from the Activation Date

Billed in full on Your  Membership Subscription Date at $20 per Membership Period.

$1 (per hour)

$2 (per hour)

1.2 The Charging Fees are calculated on a pro rata basis, based on the rate set out in the table above, and the duration of the relevant charging period. The minimum charging period is one (1) hour, meaning that if You charge your Vehicle at a Charge Point for less than one (1) hour, You will be charged Charging Fees as if You had charged your Vehicle at a Charge Point for one (1) hour.

1.3 If You do not follow the procedure for correctly ending a session, the charging period may not end, and You will continue to be charged Charging Fees up to a maximum per charging period as set out in the table in section 4 of this Schedule 1, even if You are not actually using the Charge Point. We therefore recommend that You wait in the vicinity of the BlueSG Parking Space until You have received a text message or push notification from us, confirming that the charging period has ended.

2. RESERVATION FEES

Chargeable Event

Charge per Occurrence

Reservation of A Charge Point (and associated BlueSG Parking Space)

Charge Point reservation lasts only forty-five (45) minutes*

No charge

3. ADDITIONAL FEES

For certain violations, acts or omissions or other failures to comply with the terms of the Contract, in addition to BlueSG’s right to terminate and/or suspend Member’s Membership, and the other remedies detailed in this Contract, the following penalties may be levied against the Member by BlueSG at its sole discretion. These Additional Fees are non-exclusive, and shall be in addition to such other remedies as may be available to BlueSG under this Contract, at law, and in equity.

In addition, BlueSG may, at any time, determine that in addition to cancellation of a current Membership, Member’s future use of any BlueSG Services may be barred for a duration at BlueSG’s sole discretion.

During Membership suspension and following Membership termination by BlueSG due to Member’s misconduct or omission, Member shall continue to be liable for Membership charges and other fees applicable through the conclusion of the current Membership period, including any renewal period.


Circumstances giving rise to Additional Fee

Additional Fee amount (inclusive of any applicable GST)

You notify Us that Your BlueSG Charging Membership Card and/or Decal is lost, stolen or damaged and We issue You with a replacement BlueSG Charging Membership Card and/or Decal.

First loss/replacement

$0

Second loss/replacement

$10

Subsequent loss/replacement

$15


You fail to access the Charge Point for use, or do not cancel the reservation within forty-five (45) minutes from the time You make the applicable reservation

$5

You incorrectly park Your Vehicle or park in a way which impedes other BlueSG members from using a neighbouring BlueSG Parking Station or Charge Point.

We will be entitled to charge You $50. In addition, You may also be subject to sanctions (fines or penalties) imposed by the relevant parking enforcement authority and risk Your Vehicle being immobilised, clamped or removed. There could be a fee to recover Your Vehicle.

You park in a BlueSG Parking Space without displaying Your Decal and/or using a Charge Point to charge a Vehicle

We will be entitled to charge You $50. You may also be subject to sanctions (fines or penalties) imposed by the relevant parking enforcement authority and risk Your Vehicle being immobilised, clamped or removed. There could be a fee to recover Your Vehicle.

You park in a BlueSG Parking Space that has been reserved by another user (i.e. displaying a BLUE light).

$50

You do not follow the correct procedure for disconnecting Your Vehicle from the Charge Point, causing the Charge Point not to be registered on Our system as available, and requiring Us to send an operative to reset the Charge Point.

$50

Notwithstanding the Additional Fee above, a failure to disconnect Your Vehicle from a Charge Point in accordance with these Terms and Conditions will result in the continuation of the charging session.

Accordingly, You shall also continue to be charged Charging Fees, up to a maximum of $100 for that charging session.

In addition to the Penalty above, You shall also be liable for any penalties that may be imposed by the relevant authorities due to non-compliance with Applicable Laws.

We deliver a paper-copy of an invoice to You.

$5.00

Failure to pay BlueSG Fees

$30