Thank you for using WeCharge.
By downloading, installing, accessing and/or using the App, you agree to these Terms and acknowledge that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, please do not download and install the App. If you have already done so, please do not access and/or use the App, and delete the App from all of your devices on which it is installed.
- Definitions and Interpretation
- In these Terms, unless the context requires otherwise:
“Account” has the meaning as set out in Clause 4.
“App” or “Application” means the WeCharge software application provided by the Company for you to use and access the App Services on your Devices.
“App Services” means the WeCharge Power Bank rental services and any related Internet-based services, as may be provided by the Company at the Company’s sole discretion and that may be used or accessible by means of the App.
“Applicable Laws” means any statutes, laws, rules, regulations, codes and ordinances, any judicial or administrative court rulings or judgments, of any country, that are applicable to you, the App or the App Services, the matters raised in these Terms and/or the subject matter of these Terms.
“Changes” means any addition, deletion, modification or alteration to the App or the App Services, the manner in which the App or the App Services are provided, or the performance standards of the App or the App Services, as determined by the Company from time to time.
“Company” means Wecharge Pte Ltd.
“Devices” means a mobile phone, tablet, laptop, computer, or any other similar devices capable of downloading, installing, accessing and using the App.
“Intellectual Property Rights” means code, software, patents, utility models, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
“Licence” has the meaning as set out in Clause 3.
“Parties” means you and the Company collectively, and “Party” means either one of them.
“PDPA” means Singapore’s Personal Data Protection Act (No. 26 of 2012), including all subsidiary legislation related thereto.
“Personal Data” or “personal data” means data, whether true or not, about an individual who can be identified (i) from that data; or (ii) from that data and other information to which the organisation has or is likely to have access.
- Unless the contrary intention appears:
- The word “person” includes an individual, a firm, a body corporate, a partnership, joint venture, an unincorporated body or association, or any government agency, and includes a reference to the person’s executors, administrators, successors, substitutes (including, without limitation, persons taking by novation) and assigns;
- No rule of construction applies to the disadvantage of a Party because that Party was responsible for the preparation of these Terms or any part of it; and
- Headings are inserted for convenience and do not affect the interpretation of these Terms.
- These Terms represent an agreement entered into between you and the Company concerning the use by you of the App and the App Services. By downloading or using the App, or receiving the App Services, you are declaring that you have read, understood and agree to accept and be bound by and comply with these Terms. These Terms may be amended or supplemented from time to time by the Company at its sole discretion, by posting revisions or revised Terms through or on the App. Your continued use of the App and/or App Services following the posting of any changes or modifications to the Terms will constitute your acceptance of such changes, modifications, supplements or of such modified Terms.
- Please also read carefully the WeCharge Power Bank Rental Service Agreement which shall form part of these Terms and deemed incorporated into these Terms, by express reference herein. The contents of the Terms herein and the WeCharge Power Bank Rental Service Agreement shall be taken as mutually explanatory of one another and shall be read and construed as a whole. Any non-compliance by you with the WeCharge Power Bank Rental Service Agreement [www.wecharge.me/rental-service-agreement] shall be equivalent to a breach of the Terms herein.
- Licence Grant
- In consideration of your undertaking to comply with these Terms, the Company hereby grants to you a limited, non-exclusive, non-transferable, non-sub licensable, non-assignable, terminable and revocable licence to download, install, access and use the App and/or the App Services provided therein (the “Licence”), provided that your access and use of the same is strictly in accordance with these Terms. For the avoidance of doubt, the App is licensed, not sold, to you by the Company pursuant and subject to these Terms. The Company reserves all rights not expressly granted to you herein.
- You may not, nor may you permit any other person to:
- sub-license, rent, lease or sell the App;
- use the App or the App Services to gain unauthorised access to any system, account or data;
- directly or indirectly charge others for use or access to the App or the App Services;
- in any way represent, suggest, state or indicate that the Company supports or endorses any product, service or content (including any personal web site), whether directly or indirectly;
- make the App publicly available or available on any network for copying, download or use by any person or persons;
- misrepresent the source or ownership of the App;
- attempt to disrupt or interfere with the App including manipulating the legitimate operation of the App;
- use cheats, exploits, automation software or any unauthorised third party software designed to modify or interfere with the App;
- disrupt or overburden any computer or server used to offer or support the App, or other users’ use of the App; or
- develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with the App, except to the extent permitted by Applicable Laws.
- Prior to using the App, you are required to set up an account with the Company through the App or such other means as may be offered by the Company from time to time, to access and use the App and/or the App Services (the “Account”). You shall ensure that all information provided to the Company is complete, accurate and up-to-date, and in the event of any change in such information, promptly inform the Company of any such change. If we discover that the Account information you have provided us is/are not true or current, the Company is entitled to immediately terminate the Licence and your access to or use of the App or the App Services.
- You acknowledge and agree that you are responsible for maintaining the confidentiality, safekeeping and security of your Account information, and you shall notify the Company immediately of any unauthorised use of your Account information or if you suspect that your password or Account has been compromised.
- This App is only available to you if you are at least eighteen (18) years of age. By opening an Account and/or using the App, you represent that you are at least eighteen (18) years of age. By using the App and/or the App Services, you further represent and warrant that you have the right, authority and capacity to use the App and/or the App Services and to abide by these Terms.
- Without prejudice to the foregoing, you shall be solely liable and responsible for any activity conducted using your Account information, unless you have notified the Company in writing of the closure, compromise or misuse of your Account and the Company has received such notification. You acknowledge that the Company would not have the means to verify the identity of the party using your Account information or of your username and password on the App or the App Services and you agree that the Company will not be responsible, in any way whatsoever, for losses or damages suffered by you or any third party if there is any unauthorised use of your Account information, username or password.
- The Company may at its absolute discretion make Changes from time-to-time (including changes to its standards and procedures relating to the App or the App Services, whether or not it results in an upgrade or a downgrade of the App’s or the App Services’ performance, or a cessation of any service or functionality with the App Services), without notice and without incurring any liability to you whatsoever.
- For the avoidance of doubt, the Company is not obligated to provide the App Services to you or to provide you with access to App, during times of maintenance (whether emergency or scheduled maintenance or otherwise) to any of the computer systems and/or equipment through which the App Services are to be provided.
- The App and the App Services are offered to you in the English language.
- Usage of the App
- The App Services are for your personal and non-commercial use only. You agree not to use the App and/or the App Services for commercial purposes. Except for the limited Licence, no right, title or interest in the App, the App Services and/or any content accessed through the App Services shall be transferred to you.
- In using the App, you acknowledge and agree that:
- except as expressly authorised in these Terms, you shall not archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or accessed from or through the App or the App Services;
- you shall not circumvent, remove, disable, alter, deactivate, degrade, thwart or otherwise interfere with security or content protection-related features of the App or the App Services;
- the content and information available through the App and the App Services may be subject to change from time to time;
- the quality of the content and information available through the App and the App Services may vary depending on the Device, and may be affected by a variety of factors, such as your location, the bandwidth available and the speed of your Internet connection;
- any material and content contained within or available through the App and/or the App Services shall not be distributed commercially or otherwise used for commercial purposes;
- you shall not use the App or any of the App Services, or do anything while using the App or the App Services, in any way or manner that is in breach of any Applicable Laws;
- you shall not use any data mining, robots or similar data gathering or extraction methods;
- you shall not transmit or link to viruses, worms, defects, Trojan horses, malware or any other items that may introduce security vulnerabilities to or harm user devices, apps or personal data;
- you shall not violate or attempt to violate the security of the App including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- you shall not transmit any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by law or by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
- you shall not share with a third party any of your Account information;
- you shall not access data not intended for you or log into a server or account which you are not authorized to access;
- you shall not post or submit to the App any incomplete, false or inaccurate information about yourself or information which is not your own;
- you shall not solicit passwords or personal data from any other person or entity;
- you shall not delete or alter any material posted by any other person or entity;
- you shall not harass, incite harassment or advocate harassment of any group, company, or individual;
- you shall not use the App for any unlawful purpose or any illegal activity, or post or transmit any content that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by the Company, at its sole and absolute discretion; and
- any data that you submit through the App or in using the App Services may be stored by the Company and/or its service providers in Singapore or outside of Singapore.
- Intellectual Property
- All Intellectual Property Rights in or relating to the App and the App Services belong solely to the Company and/or its third-party licensors. Without prejudice to the generality of the foregoing, you shall not use in any way and shall not reproduce any trademarks that are associated with the App or App Services or that you have sight of when using the App Services, without the prior written consent of the Company.
- Nothing in these Terms shall be construed as granting you any licence or right to use any Intellectual Property Rights in or relating to the App and/or the Services without the prior written consent of the Company. You shall not do or permit any act which is directly or indirectly likely to prejudice the rights, title or interest of the said rightful owner(s) in and to any of the aforesaid.
- All content contained in or available through the App and the App Services, including but not limited to information, communications, software, texts, graphics, links and sounds, is owned by the Company, its third-party licensors and/or its content providers. Such content may not be reproduced, modified, transferred, distributed, republished, downloaded, posted or transmitted in any form or by any means, including but not limited to electronic or mechanical photocopying or recording, without the prior written consent of the Company and such other rights holders.
- Unless otherwise expressly permitted by Applicable Laws, you agree not to modify, adapt, translate, prepare derivative works from, or decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the App. You also agree to not remove, obscure, or alter the Company’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the App.
- Disclaimer of Warranties and Limitation of Liability
- You acknowledge and agree that the App, the App Services, and any content contained within or available through the App, are provided on an “as is” basis, and to the maximum extent permitted by Applicable Laws, the Company disclaims all warranties and makes no warranty of any kind, whether express or implied (statutory or otherwise), including but not limited to warranties on the merchantability, sufficiency, quality and fitness for a particular purpose of the App and/or the App Services. The Company further makes no warranty that the App and App Services do not infringe the rights (including Intellectual Property Rights) of any party. You wholly assume all risks in your use of the App and the App Services. Without limiting the generality of the foregoing, the Company does not warrant and excludes all liability in respect of:
- the accuracy, completeness, fitness for purpose or legality of any information published by the Company or that are communicated to you relating to the Application and/or the App Services;
- the Application and/or App Services in respect of their quality, usability, fitness for purpose or any other aspect thereof; and
- any content contained within or made available through the App and/or the App Services.
- The Company disclaims any warranties regarding security, reliability, timeliness, and performance of the App. You further understand and agree that you download and/or use the App at your own discretion and risk and that you will be solely responsible for any loss or damages to your Devices or loss of data that results from the download or use of the App.
- Save as otherwise expressly provided for in these Terms, the Company makes no guarantee, representation or warranty whatsoever that:
- the App or the App Services will be error free;
- you will be able to use the App or that you will be able to access, use or receive the App Services; and/or
- any information provided via the App or the App Services is accurate.
- You acknowledge that the use of the App or the App Services presents the possibility of human and machine errors, inaccuracies, omissions, delays, and losses, including the inadvertent loss of data which may give rise to loss or damage suffered by you, and you agree and undertake that you shall not hold the Company liable in any way whatsoever for the said loss or damage.
- The Company assumes no responsibility for the activities or conduct of other users of the App.
- To the maximum extent permitted by law, you agree that the Company shall not be liable to you in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any damage caused to your Devices or any loss of profits suffered by you, whether the same is direct or indirect damages. The Company shall also not be liable to you for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the App or the App Services, whether during or after the termination of the Licence. For the purposes of this clause, indirect or consequential loss or damage includes, without limitation, loss of existing or anticipated revenue or profits, anticipated savings or business, loss of data or goodwill, business interruption, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses. For the avoidance of doubt, the Company does not exclude its liability for death or personal injury caused from its negligence.
- Where the Company’s liability is not expressly excluded under these Terms or under any Applicable Laws, the Company’s liability to you in contract, tort (including negligence) or otherwise whosoever and whatever the cause thereof, arising by reason of or in connection with these Terms, the App and/or the App Services, shall be limited to the aggregate amount of all amounts actually paid by and/or due from you in utilising the App Services during the event giving rise to such claims.
- Notwithstanding anything that may be to the contrary, no action may be brought by you against the Company, under these Terms or related to the App Services or the App, more than one (1) year after the cause of action arose. For the avoidance of doubt, this limitation shall not apply to claims by the Company against you.
- The Company retains absolute discretion in determining whether or not to provide maintenance and support services for the App, and if so, the type of maintenance and support services.
- Nothing in the contents of the App shall be considered an endorsement, representation or warranty of or by the Company with respect to any third party or any third party’s content, products, services or otherwise. Without limiting the generality of the foregoing, the foregoing applies to any paid advertising content, as well as links that may be provided in the App to third party websites or applications. The Company makes no representations or guarantees regarding the availability or content (including its truthfulness, accuracy, completeness, timeliness or reliability) of such third party content, websites or applications which are contained within or available through the App and/or the App Services.
- Personal Data Protection
- In the course of your use of the App, the Company may be required to collect, use, disclose and/or process personal data belonging to you, or that may relate to a third party individual and be provided by you. The Company collects, uses and discloses such personal data strictly for the purposes of providing you (or the third party individual) with the App and the App Services, and this includes purposes such as:
- administering and managing your Account, including carrying out your instructions or responding to any enquiries by you;
- facilitating the provision of the App Services to you and otherwise dealing in any matters relating to the App Services;
- providing you with updates and information on the Company’s products and services from time to time;
- providing you with updates and information on related products and services from the Company’s subsidiaries or related companies as well as their third party business partners;
- providing you with information about social and charitable events and initiatives managed by the Company and the Company’s subsidiaries or related companies as well as their third-party business partners;
- meeting any legal, regulatory and other compliance requirements under Applicable Laws; and
- any other purposes which we notify you of at the time of obtaining your consent.
- By downloading, installing and using the App, you hereby agree and consent to the Company:
- collecting, using, disclosing and/or processing your personal data for the purposes set out above;
- using your personal data and communicating with you via telephone (voice calls), email, text (including iMessage, Messenger, Whatsapp, Wechat…etc) and fax for the purposes set out above.
- You also agree, consent to and authorise the Company to disclose and/or transfer your personal data to its parent company, related companies, and third-party service providers or agents, which may be located outside of Singapore.
- You may also withdraw your consent to such collection, use and disclosure of your personal data at any time by giving writing in notice to the address set out below in Clause 20. However, please note that if you withdraw such consent, the Company may not be able to continue providing you with the use of the App and/or the App Services, and you hereby acknowledge and agree to accept any such consequences of your withdrawal of your consent.
- Use of your Device by the App
- In order for the Company to provide the App to you, the Company may require access to and/or use of your Device – for example, the Company may need to use your Device’s processor and storage to complete the relevant App installation. You agree to give us such access to and use of your Device.
- You may need an adequate Internet connection or operating system in your Device, in order to use the App. You may also be required to activate certain functionalities within the App in the manner described within the App. You may not be able to use certain functionalities within the App if you do not comply with such requirements.
- You should be aware that your network provider may charge you both for access to its connection services and for the duration of your Device’s connection while accessing the App Services and/or using the App. You are solely responsible for these costs and the costs of any other third party associated with your receiving the App Services and/or using the App.
- Start Date of Services
- Your subscription to the App Services commences on the date you are able to receive the App Services, provided always that the Company reserves the right to determine the start date of the App Services, and that the Company may refuse to provide the App Services or refuse commencement of the App Services, without having to assign any reason for such refusal and without being liable to you for any compensation whatsoever.
- You may uninstall the App at any time if you desire to stop receiving the App Services or use of the App.
- Alteration to the Services and Termination
- The Company may amend all or part of the App or the App Services including the contents therein at any time.
- The Company has the right to, and you acknowledge that the Company can:
- withdraw any information, data or content forming a part of the App Services; or
- immediately suspend, withdraw or terminate the Licence (including the App Services entirely) and/or terminate these Terms,
At any time, without liability and without notice to you, for any or no reason whatsoever. You shall not hold the Company liable in any way whatsoever for any of the aforesaid. Without limiting the generality of the foregoing, in the event that your use of the App or the App Services is in breach of these Terms, the Company has the right to instantly terminate your Account and the Licence without notice and take all such action as it considers appropriate, desirable or necessary including but not limited to taking legal actions against you.
- Uless otherwise expressly stated, any termination of the agreement under these Terms shall be without prejudice to any other rights or liabilities of either Party accrued prior to and including the date of termination.
- Any termination or suspension of the App Services or the Licence by the Company for whatever reasons shall not entitle you to receive any compensation in respect of the termination.
- Unpredictable nature of the App Services
- You understand and acknowledge that the transmission of information through telecommunications channels is unpredictable in nature and depends on, amongst other issues inter alia, (i) third party telecommunications operators, and (ii) the proper maintenance of your Device. The Company gives no guarantee of the continued availability and quality of reception of the App and/or the App Services.
- Interruption of the App Services
- The App Services may be interrupted, in whole or in part, in a case of force majeure (being events outside the control of either you or the Company) or during periods of maintenance or for any other reason whatsoever. Without prejudice to Clause 8, the Company and its related corporations cannot be held liable for any loss or damages caused directly or indirectly by the interruption of all or part of the App Services in the case of force majeure or for any other reason, nor loss of profits, contracts, reputation, nor for any consequential loss of any kind.
- Governing law and Dispute Resolution
- These Terms are governed by and shall be construed in accordance with the laws of Singapore.
- Any dispute arising out of or in connection with these Terms and the agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules“) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
- Additional Terms for Google Play
- This Clause shall only apply if the App has been downloaded from Google Play.
- You agree that your use of the App and/or the App Services is subject to any terms and conditions applicable to developers and applications on Google Play, as may be amended from time to time (the “Google Play T&Cs”).
- You agree that you shall accept and comply with the Google Play T&Cs, and you shall not use the App or the App Services in any way that would result in or cause the Company to be in violation of such Google Play T&Cs.
- In the event of any inconsistency between these Terms and the Google Play T&Cs, the provisions of the Google Play T&Cs shall prevail.
- For the avoidance of doubt, the Google Play T&Cs include but are not limited to the “Google Play Developer Programme Policies”, which can be found at https://play.google.com/about/developer-content-policy.html, and the “Google Play Developer Distribution Agreement”, which can be found at https://play.google.com/about/developer-distribution-agreement.html, or such other website as Google may determine.
- Additional Terms for Apple App Store
- This Clause shall only apply if the App has been downloaded from the Apple App Store.
- You agree that your use of the App and/or the App Services is subject to any terms and conditions applicable to developers and applications on the Apple App Store, as may be amended from time to time (the “Apple App Store T&Cs”).
- You agree that you shall accept and comply with the Apple App Store T&Cs, and you shall not use the App or the App Services in any way that would result in or cause the Company to be in violation of such Apple App Store T&Cs.
- In the event of any inconsistency between these Terms and the Apple App Store T&Cs, the provisions of the Apple App Store T&Cs shall prevail.
- For the avoidance of doubt, the Apple App Store T&Cs include but are not limited to the “Minimum Terms of Developer’s EULA”, which can be found at https://www.apple.com/legal/macapps/dev/minterms/, and the “Apple Media Services Terms and Conditions”, which can be found at https://www.apple.com/legal/internet-services/itunes/us/terms.html , or such other website as Apple may determine.
- These Terms contain the entire agreement between you and the Company with respect to use of the App, and shall supersede all previous communications (whether written, oral or otherwise), discussions or letters relating to the same.
- If any term or provision contained herein shall in whole or in part be held by a competent court to any extent to be illegal or unenforceable under Applicable Laws, that term or provision or part shall to that extent be deemed not to form part of these Terms and the enforceability of the remainder of these Terms shall not be affected.
- No delay in enforcing any provision of these Terms will be construed to be a waiver of any rights under that provision.
- The rights to use the App and the App Services are personal to you, and you may not transfer or assign to a third party any of your rights and obligations as defined in these Terms. The Company may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
- You agree to indemnify, defend and hold the Company, its related corporations, including their respective successors, assigns, employees, officers, harmless from and against all claims, demands, actions, losses, damages, costs and expenses (including legal fees), arising out of and in connection with your breach of these Terms, your use of the App, your receipt or use of the App Services, and/or your failure to comply with any Applicable Laws.
- Contact Information
You may contact the Company at:
- Company name: [Wecharge Pte Ltd]
- Address: [111 Somerset Road #08-02 Triple One Somerset Singapore 238164]
- Email: [ Support@wecharge.me]
Any notice that the Company intends to give to you may be carried out by sending such notice to you through the App or to any contact information you may have provided the Company with through the App or otherwise. You are deemed to have received notice of the same upon the Company sending such notice to you through the App or to any contact information you may have provided the Company with through the App or otherwise.
Last Updated: [12 March 2018]