1. Acceptance of these Terms of Use
These Terms of Use apply to your access to and use of all or part of this Gentari Go mobile application ("Application") own and operated by Gentari Green Mobility Sdn Bhd [Registration No. 202201022490(1468187-P)], or an affiliated company ("GGMOB"). By clicking “I agree” or by accessing and/or using this Application and/or any of the Services (as defined below in Section 3), you agree to be bound by these Terms of Use and all terms incorporated by reference. If you do not agree to these Terms of Use, please do not use this Application and the Services.
These Terms of Use shall be effective upon your acceptance of and agreement to them (either by clicking “I agree” or when you first access thisApplication and/or use any of the Services).
As used throughout this Application and these Terms of Use, the term “GGMOB”and such terms as "the company", "legal entity," "the corporation," "our," "we" and "us" may refer to Gentari Green Mobility Sdn Bhd.
GGMOB reserves the right to modify, update, replace or change any or all of these Terms of Use or its policies relating to theServices at any time and from time to time, by posting an updated or revised version at site https://www.gentari.com. Any modification, update, replacement or change to the Terms of Use or any policy relating to the Services shall be effective upon posting of the updated or revised version. Although GGMOB will endeavour to highlight material updates or changes to these Terms of Use, it is your responsibility to review these Terms of Use regularly to ensure you are aware of the most recent terms as they will be binding on you and your use of the Application and Services. Your continued use of, or access to, the Application and/or the Services will be deemed to constitute your agreement to and acceptance of such changes. If you do not agree to any update or change, you must immediately cease using and accessing the Application and theServices.
Further, GGMOB may at any time and from time to time introduce updates, enhancements, changes or new features to the Application. Any such changes or new features introduced will be subject to these Terms of Use.
Amplus Power Supply Private Limited a company registered in India with company number U40300DL2018PTC331988 (“Amplus”)shall be considered as an affiliated company of GGMOB and wherever applicable these Terms of Use that apply to GGMOB shall also apply to Amplus.
2. Registration of Account
In order to access and use the Application andServices, you must first set up and register a user account (“Account”)with the Application. You are required to provide your full name and a valid email address and any other relevant details that may be required in order to register an Account. GGMOB may contact you through the email address you have provided regarding the Application and Services, and for other purposes as maybe mentioned in these Terms of Use and the Privacy Statement.
You must be at least age eighteen (18) and above to create an account and use our Services.
You will be required to nominate a password to complete the registration of your Account. You are solely responsible for keeping the password secure. In addition, you may be required to provide your credit card details for the purpose of enabling a payment method and other features offered through the Application, and such card details will be linked to your Account.
By creating and registering an Account, you represent and warrant that all information provided in connection with the registration and use of the Account are true, accurate and not misleading. You further agree that:
You are responsible for the use of your Account and all activities that are carried out through the Account, whether authorized or unauthorized and must notify GGMOB immediately if you become aware of any unauthorized use of or access to your Account.
3. Services
GGMOB may offer and provide the following services (“Services”)through the Application:
A. Electric Vehicle Charging Services
A.1. You may avail yourself of GGMOB's electric vehicle charging services via dedicated charging stations (“Charging Station”) which provides amongst others the following:
A.1.1. Reliable electric vehicle charging solutions; and
A.1.2. Convenient payment options integrated into the Application.
B. Location Services
B.1. The Application allows you to access location-based services for precise identification of your current location and the nearest Charging Station within your proximity.
C. Charging Station Information
C.1. The Application provides comprehensive details regarding Charging Station operated by GGMOB, including distance from your current location, and real-time status indicators (e.g., available, not available, or in use).
C.2. You may employ advanced search filters within theApplication to locate any Charging Station based on specific preferences and criteria.
C.3. You shall have access to an up-to-date, exhaustive listing of all available public Charging Station within GGMOB's network, spanning various regions that GGMOB operates in.
D. Charging Status
D.1. You may monitor the progress of your electric vehicle charging in real-time, including charging rate, start and end times of charging sessions, and pertinent session particulars.
E. Payment Services
E.1. The Application facilitates mobile payments for charging services, with the option to add and manage credit, debit cards and/or any other valid method of payment solely determined by GGMOB as preferred payment methods.
F. User Accounts
F.1. You have the capacity to register and administer your user accounts within the Application, affording yourself the following access:
F.1.1. Guest or registered user registration;
F.1.2. The ability to input and manage your vehicle particulars for a customized experience; and
F.1.3. Access to transaction history and charging records for reference and record- keeping.
G. Gentari GoRewards Program
G.1. The relevant terms and conditions for the Gentari Go Rewards Program are further outlined in Schedule 2 herein.
H. Home Charger
H.1. The Application offers electric vehicle home charger purchase and installation services to Users. Interested Users may signup for GGMOB to conduct a site inspection to determine the suitability and eligibility of their premises for installation. If GGMOB determines that the premises meet the eligibility criteria set by GGMOB during the site inspection, a quotation along with our specific terms and conditions for home charger purchase and installation shall be provided to you separately for your review and acceptance.
I. Other Services
I.1. Any other services as GGMOB may introduce through the Application from time to time.
Further, GGMOB may at any time and from time to time introduce updates, enhancements, changes or new features to the Services. Any such changes or new features introduced will be subject to these Terms of Use.
If and when you register an account and use the Services, GGMOB will be able to obtain data, including but not limited to your personal data and data about your location through the Application. If you choose to register for anAccount and/or use the Services, you are deemed to be given consent and authorisation to provide such data to GGMOB and allow GGMOB to store such data.
4. Location Services
If activated, the location services functionality allows the Application to be used to determine the locations of nearby Charging Station and theServices that are available for that Station.
5. Mobile Payment Services and Payment Methods
You may use the Application to pay for charging and/or other transactions at a Charging Station.
In order to access and use the mobile payment services, you must first select a payment method to be linked to your Account. The payment methods accepted by GGMOB will be listed in the Application, and may be replaced or changed at GGMOB’s discretion at any time and from time to time. Your selection of a payment method is deemed to constitute your authorization of GGMOB to charge you for the provision of Services using the selected payment method. In the event, you have opted to make payment for Services via the Gentari Wallet(as defined below), then you shall be bound by the Gentari Wallet terms and conditions outlined in Schedule 1 herein.
In order to enable payment using credit card or (if applicable)membership card, you must first provide your credit card or payment details through the Application and link the relevant card details to your Account. Not all credit cards may be eligible for use with the Application. If your credit card is not eligible, you will receive an error message when you enter the relevant card details.
The Application will then produce a charging history (“Purchase Summary”) of the duration, total energy consumed and charging fee, of the electricity you have consumed.
An electronic invoice of the purchase will be sent by GGMOB to the email address you have provided for your Account. If the payment method you have selected is not approved, or payment is otherwise unable to be completed, you will be informed separately by GGMOB to make payment.
GGMOB bears no liability to you for any inaccuracies or mistakes made by you in entering and/or reviewing such information. You should review the payment history to identify any discrepancies and then highlight accordingly.
5A. Refund Policies
Unless expressly stated otherwise within this Terms of Use or within the Application, You shall NOT be entitled to any refund of any payment made for the Services provided. If you are not satisfied with or have any queries regarding any products or the Services provided through theApplication, you may contact us through the Application within 24 hours of the relevant transaction.
For the purposes of the provision of Services, GGMOB may engage third party merchant facilities and service providers to process payments. GGMOB is not responsible and has no liability for any third-party merchant facilities or payment processing carried out by any service provider, including any loss or damage arising out of any use of a third-party payment gateway. You agree that it is your responsibility to read and understand the terms of the third-party merchant facilities before using them.
All prices displayed in the Application shall be in accordance with the local currency of where the Services are provided.
6. Promotions, Offers and Discounts
GGMOB may from time to time introduce promotions or offers for purchase of its goods and services, or a discount off the prevailing price of its goods and services, through the Application.
Any such promotion, offer or discount will be subject to applicable terms and conditions set out in the “Notifications” or other relevant section of the Application (or the relevant link embedded therein), or other communications or marketing materials that may be issued by GGMOB in relation thereto.
If and where GGMOB issues communications or marketing materials to you via SMS and/or email, you will be able to opt-out of receiving communications or marketing materials through the relevant“Unsubscribe” link included or by contacting GGMOB through the contact details provided in our Privacy Policy.
7. Application and Account Security
You are prohibited from violating, or attempting to violate, the security of this Application and your Account. Any such violations may result in criminal and/or civil penalties against you. We will investigate any alleged or suspected violations and if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Application or your Account include without limitation:
1) to commit or encourage a criminal and/or fraudulent offences;
2) logging into or attempting to log into a server or user account that you are not authorized to access;
3) accessing data or taking any action to obtain data, information or services not intended for you or your use;
4) attempting to probe, scan or test the vulnerability of any system, network or user account;
5) tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
6) circumventing any system or mechanism in the Application that is designed and intended to limit your access to areas within, or components of, the Application;
7) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots, malware, corrupted files or other computer programming routines or engines or engage in conduct that could damage, disrupt or otherwise impair or interfere with the Application’s or any user account’s functionality or operation;
8) using the Application in a manner or committing any act which is detrimental to, or in violation of, GGMOB’s or a third party’s systems or network security, or which could otherwise damage or impair the servers or networks used by the Application or by other users of the Application; and
9) interfering with service to, or engaging in any denial of service attack of, the Application, any user, host or network including, without limitation by means of overburdening or "flooding," any computer system.
Any of the breaches above are grounds for immediate suspension or termination of yourAccount.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your device, computer equipment, computer programs, data or other proprietary material due to your use of the Application and/or any of the Services.
8. Accessing and Using the Application
You acknowledge that the availability of the Application is dependent on the third-party platform from which you download the Application (for example,Apple App Store or Google Play Store). Each of these platforms may have its own terms and conditions for the downloading, installation and use of theApplication, and you agree that it is your responsibility to ensure compliance with such terms and conditions.
In accessing and using this Application, you must not:
1) post, send or otherwise transmit to or through the Application any unlawful, infringing, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, racist, violent, immoral, religiously offensive, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of or in breach of another person's privacy or other rights or any material that GGMOB in its sole discretion does not wish posted or transmitted on the Application;
2) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
3) upload or otherwise make available, files that contain images, software or other material protected by intellectual property laws, including without limitation copyright, patents, designs or trademark laws and rights of confidentiality, publicity and privacy unless you own or control the rights thereto or have received all necessary authorizations to do the same;
4) misrepresent your identity or affiliation in any way;
5) engage in deceptive online marketing;
6) violate any applicable laws or regulations;
7) use the Application in a manner that would violate these Terms of Use or any policy posted in the “About” or others section(s) of the Application; or
8) assist or permit any persons in engaging in any of the activities described above.
GGMOB may, at any time without prior notice, restrict, block, suspend or disable your access to all or some parts of the Application or Services, and/or edit or remove any content within the Application including any material which in GGMOB's reasonable opinion may give rise to a breach, or be in violation of these Terms of Use or any applicable law, or which GGMOB considers in its discretion might be otherwise offensive, harmful or objectionable.
9. User Submissions
You must exercise caution, good sense and sound judgment in using theApplication. You are responsible for any material or information you place on or transmit to or through the Application. You agree, represent and warrant that any information you post to or transmit through the Application is truthful, accurate, complete, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information(including without limitation, data, text, software, graphics or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility.
10. Proprietary Rights and User Content Rights
1) Intellectual Property Rights
You acknowledge that:
You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented on or accessed through the Services for any purpose, unless otherwise permitted by these Terms of Use or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; or (iii) remove, obscure, or alterGGMOB’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
The content, arrangement and layout of all of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text(in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to GGMOB, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of GGMOB, or as permitted by the functionality of the Services or these Terms of Use. Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found on or in the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and GGMOB may take action accordingly.
The above paragraph further applies to third party property used as part of the Services, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks,CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.
2) Submitted Information
If you choose to communicate to GGMOB (via any means) suggestions for improvements to any of the Services or GGMOB’s Products, or GGMOB’s business generally (collectively, “Feedback”), GGMOB shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to GGMOB and waive in favor of GGMOB, its successors and assigns all your moral rights in the Feedback, and agree to provide GGMOB such assistance as GGMOB may require to document, perfect, and maintain GGMOB’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to GGMOB, you are not entitled to any compensation or reimbursement of any kind from GGMOB under any circumstances.
3) User Content Policy
As a user of the Application, you may use the Services to create and submit a variety of text and photographs, including but not limited to information that may be added to the interactive map of Charging Station, which may be visible to other Service Users or third parties in various ways. You may also, depending on the Services, upload certain file types including but not necessarily limited to text, photographs, graphics, video, audio or any other type of media or content, and other interactive features generated, provided, or otherwise made accessible on or through the Services. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content through or to the Services, you agree to be bound by theGGMOB policy for User Content as described in this section (the “User Content Policy”).
When you submit User Content, you acknowledge and agree to the following:
If you as a Services User believe that a Logged-inUser has posted User Content that violates this User Content Policy, please contact us at greenmobility@gentari.com so that we may conduct an inquiry. GGMOB retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
Depending on the User Content, User Content may or may not be edited, curated or otherwise modified or checked by GGMOB prior to posting. GGMOB reserves the right, in its sole discretion, to refuse to display any UserContent, or to remove or modify immediately and without notice any User Content that violates the User Content Policy, or for any other legitimate reason.
GGMOB and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard. To the fullest extent permitted by law, GGMOB assumes no liability or responsibility to any person with respect to any User Content including, but not limited to, defamation, errors, obscenity, falsehoods or omissions that maybe encountered within any User Content.
11. Privacy Policy and Permissions for the Application
12. External Links and Third Party Services Privacy Policy and Permissions for the Application
1) General External Links
From time to time, GGMOB may provide links to other websites or services. Links for the third party Services may take you to websites or services not covered by this Agreement. When you access third-party resources and services via the Application in this manner, you do so at your own risk. GGMOB provides those links and display those services as a convenience to you and GGMOB takes no responsibility or liability for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services.We encourage you to check the Terms of Use and/or Privacy Policy of any website or service you visit. GGMOB does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or the third parties operating those websites. For any queries, concerns, or support related to third-party resources and services, you may directly contact the respective third-party service provider. GGMOB shall not be responsible for resolving issues and/or queries related to third-party resources and services.
In no way will GGMOB or itsRepresentatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other third party services that may be linked to the Application; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or third party services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or third party service.
2) Use of Google Maps
The Services make use of the Google Maps Platform for numerous functions, and when you use theServices Google Maps may be opened from a link in the Services. Your use ofGoogle Maps in the Services or on its own is subject to the current GoogleMaps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://policies.google.com/privacy, which we encourage you to read.
13. Suspension/Termination
GGMOB may suspend and/or terminate this Agreement at any time by providing thirty (30) days’ prior written notice to the email address you provided for your Account (as may be updated by you).
In addition, GGMOB may immediately upon notifying you terminate thisAgreement or suspend or cancel your access to your Account and/or all or any part of the Application and/or the Services, and restrict your further access to your Account and/or all or any part of the Application and/or the Services, if:
Upon termination of these Terms of Use, GGMOB shall have the right to deactivate or delete your Account and all data and content provided by you or about you.
14. Third Party Software and Services
The Application may contain various third-party software components and services. By using the Application, you agree and consent to GGMOB’s use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of these Terms of Use. By using the Application, you (i) expressly relieve GGMOB from any and all liability arising from your use of any third-party components or services embedded in the Application, and (ii) agree that, with respect to the third-party components and services and to the maximum extent permitted by applicable law, GGMOB is not responsible for the manner in which your data is processed.
15. Jurisdictional Issues
GGMOB makes no representation that materials in the Application are appropriate or available for use in other locations or geographies. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Access to this Application from jurisdictions where the contents of thisApplication are illegal or penalized is prohibited. The Application and the software contained therein is further subject to Malaysian export controls. No data, information or software from the Application may be downloaded or otherwise or re-exported (i) into or to a national or resident of any country to which the Malaysia or Singapore embargoes or sanctions goods, services or technology; or (ii) prohibited under the applicable Malaysian laws and regulations. By downloading or using the Application or Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
16. Disclaimer
The Application and Services are provided and made available "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, GGMOB disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability and fitness for a particular purpose. GGMOB does not warrant that access to this Application or the Services or to the functions contained in the Application will be uninterrupted or error-free, that defects will be corrected, or that thisApplication or the server that makes it available are free of viruses or other harmful components. GGMOB does not make any representations or warranties regarding the use or the results of the use of the Application in terms of their correctness, accuracy, currency, availability, reliability, or otherwise.Applicable law may not allow the exclusion of some or all implied warranties, so to the extent that such laws are applicable, part or all of the above exclusions may not apply to you.
GGMOB has no obligation to monitor your access to or use of theApplication or Services but has the right to do so for the purpose of ensuring your compliance with these Terms of Use or to comply with applicable law or an order or requirement of a court or governmental agency.
Some features of the Application may require your mobile device to have access to the internet and may be subject to restrictions imposed by your network or internet provider. The use of the Application or Services may require access through your mobile network, which may result in additional charges depending on your payment plan. You acknowledge that the suitability and performance of your device or data access is solely your responsibility.
17. Limitation of Liability
To the extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall GGMOB be liable for any compensatory, punitive, indirect, special, incidental, exemplary of punitive damages, or consequential damages that result from the use of, or the inability to use, the Application or the Services, including but not limited to damages for loss of profit or anticipated profit, business interruption, loss of revenue, loss of use, loss of contract, loss of good will, increased cost of working or loss of business opportunity, that arises or alleged to arise out of or relate to this Agreement or the performance or breach of this Agreement, even if GGMOB or a GGMOB authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, and so to that extent the above limitation or exclusion may not apply to you. In no event shall GGMOB's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence)or otherwise) exceed the amount paid by you to GGMOB, if any, for using this Application and the Services.
18. Indemnity
You agree to indemnify, defend and hold GGMOB, its affiliates and any of its and their directors, employees, advisors, agents and contractors (“Representatives”)harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of these Terms of Use; and/or (ii) your activities in connection with this Application and/or theServices.
19. Disclosure; Product Statements
This Application contains information on products and services of GGMOB and its related entities. While GGMOB tries to ensure that all information on this Application is accurate and current at the time of posting, all information on GGMOB's products and services on this Application should not be relied on as definitive, final, current or complete, and you agree to contact GGMOB directly for more detailed and updated information on its products and services instead of placing any reliance on any product or service information on thisApplication.
20. Interruption of Service
From time to time the Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, GGMOB and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
21. Country Specific Terms
The Application may be available for use in multiple countries, and each country may have its specific terms and conditions (hereinafter referred to as "Country-Specific Terms"). By using the Application in a particular country, you agree to be bound by that country's Country-Specific Terms in addition to these Terms of Use.
The Country-Specific Terms for each country where theApplication operates are available within the Application or on GGMOB's website. It is your responsibility to review and comply with the applicableCountry-Specific Terms when using the Application in that country.
TheApplication's interface and communication may be localized to cater to users in different countries. Country-Specific Terms may address language preferences, support availability, and localized content specific to each country.
Depending on the specific needs and regulations of a country, Country-Specific Terms may include information on additional or modified features, restrictions, governing law, dispute settlement forums, or limitations imposed on the use of the Application in that region.
By accessing and utilizing the Application in a specific country, you are deemed to accept and be bound by the Country-Specific Terms relevant to that country. You are encouraged to review these terms, which are typically made available within the Application or on GGMOB's website.
22. Third-Party Charging Station
In the event you utilize a selected Charging Station belonging to a Third-Party CPO via the Application, you must adhere to the Third-Party CPO's relevant terms and conditions. You understand that each Third-Party CPO may have its own set of terms and conditions governing the use of their Charging Station. You are responsible for familiarizing yourself with and abiding by the terms and conditions set forth by the respective Third-Party CPO whose Charging Station you intend to use.
You must access and use a Third-Party CPO Charging Station in accordance with the specific terms and conditions of the Third-Party CPO in question. These terms may include, but are not limited to, fees, charging protocols, access methods, personal data processing, and usage restrictions. You acknowledge that failure to adhere to the Third-Party CPO's terms may result in loss of access or other consequences imposed by the Third-Party CPO.
GGMOB has no control over and disclaims any responsibility for the availability, operation, maintenance, suitability, pricing, or any other aspect of theThird-Party CPO Charging Stations. Any issues, disputes or claims related to the Third-Party CPO Charging Stations, including but not limited to their accessibility, reliability and billing, are solely between you and theThird-Party CPO.
To the extent permitted by law, you understand and agree that GGMOB shall not beheld responsible for any issues or disputes arising from the use of Third-PartyCPO Charging Station, including but not limited to damage to electric vehicles and accidents. To the extent permitted by law, you also understand and agree to indemnify and hold GGMOB harmless from any claims, damages, or liabilities resulting from your use of Third-Party CPO Charging Station.
The term “Third-Party CPO” means any person or entity other than GGMOB that acts or exercises control as a charge point operator.
23. General
These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia, without giving effect to any principles of conflicts of law. By accessing and/or using this Application or the Services, you submit to the exclusive jurisdiction of the Malaysian courts. If any provision of theseTerms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No third party shall have any right to enforce any provision of these Terms of Use unless otherwise permitted under the law.
This Terms of Use, and any and all policies and terms incorporated by reference therein, in conjunction with the Privacy Policy, constitute the entire agreement between you and GGMOB with respect to your use of the Services, superseding any prior agreements between you and GGMOB, its predecessors, affiliates or subsidiaries. Your use of certain aspects of theServices may be subject to certain third-party terms or privacy policies, as described elsewhere in these Terms of Use.
The schedules to this Terms of Use shall be taken, read and construed as an essential part of this Terms of Use. In the event of discrepancy, conflict or ambiguity between the provisions contained in the main body of this Terms of Use and any provisions contain in the schedules hereto, the provisions included in the schedules shall prevail.
No failure to exercise or delay in exercising any right, power or remedy under these Terms of Use operates as a waiver. A single or partial exercise or waiver of the exercise of any right, power or remedy does not preclude any other or further exercise of that or any other right, power or remedy. A waiver is not valid or binding on the party granting that waiver unless made in writing.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. GGMOB will not be responsible for failures to fulfil any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services.Your use of the Services may also be subject to other laws.
You hereby grant GGMOB the right to take steps GGMOB believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that GGMOB has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or third party, as GGMOB believes is reasonably necessary or appropriate to enforce and//or verify compliance with any appropriate to enforce and/or verify compliance with any part of thisAgreement (including but not limited to GGMOB’s right to cooperate with any legal process relating to your use of the Services, and/or a third party claim that your use of the Services is unlawful and/or infringes such third party’s rights).
SECTION 1
SECTION 2
SECTION 3
SECTION 4
SECTION 5
SECTION 6
SECTION 7
1. Upon registering an Account on the Application, you will automatically be a member of the Gentari Go Rewards Program loyalty programme “Gentari Go Rewards Program”owned and operated by GGMOB and/or its affiliates (“Gentari Go Rewards Program”,or as the context requires, the “Program”).
2. As a registered user and Account holder, you can accumulate rewards points(“Points” or “Gentari Go Points” or “Go Points”) from qualifying transactions under the Program (“Qualifying Transactions”). All Qualifying Transactions shall be solely determined by GGMOB and communicated to you via theApplication. The Program membership is non-transferable and shall be for personal use only.
3. Asa member of the Gentari Go Rewards Program, you will gain access to thee-vouchers, promotions, discounts, free gifts, promotion codes and other benefits offered by GGMOB and/or third-party merchants as shown on the rewards catalogue that is made available from time to time in the Application (“Rewards”). GGMOB may, at its sole and absolute discretion, award you Points upon the completion of the qualifying transactions which can be used to redeem theRewards. You may earn points by such methods as provided by GGMOB from time to time.
4. GGMOB may, at its sole and absolute discretion, increase or decrease the rate ofPoints to be awarded for each selected transaction, as well as the applicable validity period of the Points. Such changes will be notified to you from time to time.
5. You must use your Points earned to redeem for Rewards during their applicable validity period. There shall be no extension of time for the validity period of any unused Points. GGMOB shall have the right to deal with the expired Points in such manner as it deems fit in its absolute discretion. You agree that you will have no claim whatsoever against GGMOB for any expired Points. Unless expressly stated otherwise, all Points shall duly expiry twelve (12) months from the date of issuance.
6. Points earned through the Gentari Go Rewards Program are valid only within the country where they were accumulated. Cross-country redemption of Points is strictly prohibited. Points earned in particular country cannot be transferred to any other country or exchanged for points earned from another country.
7. Points have no cash or monetary value and are not redeemable for cash in any form. Points accumulated shall not be considered as a legal tender under the relevant central banking laws. They cannot be purchased, resold or transferred, for value or otherwise, under any circumstances. Points shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances.
8. If you comply with all these Terms of Use and have the required number of Points, you may select and redeem applicable Rewards via the Application. Your redemption of a Reward in the form of an e-voucher is subject to the additional terms and conditions of GGMOB or the third-party merchant (as the case may be) that offers the particular e-voucher that you wish to redeem.
9. You must use your Rewards redeemed during their applicable validity period. Theres hall be no extension of time for the validity period of any Rewards redemption dates. You agree that you will have no claim whatsoever against GGMOB for any expired e-vouchers.
10. Rewards are not redeemable for cash nor are they exchangeable for other Rewards under any circumstances. They cannot ber esold, exchanged or transferred for value under any circumstances. Rewards shall not be regarded, construed, or used as valuable or exchangeable instruments under any circumstances. Points that you have successfully redeemed for a Reward cannot be exchanged for another Reward under any circumstances. No requests for exchange of Rewards will be entertained.
11. You may check your Points balance and redemptions made in the Application. Your Points balance and redemptions as set out in the Application shall serve as conclusive evidence of the same.
12. GGMOB may at its sole and absolute discretion and without prior notice to you, reject your request to redeemPoints for any reason whatsoever, including without limitation, where:
13. Upon your cessation to be a member of the Gentari Go Rewards Program, all then outstanding Points at such point of time shall be automatically cancelled. Points should be redeemed before ceasing membership as once cancelled, Points cannot be redeemed. No accumulation or carry over of Points will be permitted even if you subsequently reinstate your membership.
14. GGMOB reserves the right to hold the issuance of Points earned until the transaction, including payment, are completed.
15. Fraud, abuse of redemptions or any dishonest activities related to the Gentari Go Rewards Program may result in the following consequences:
16. To the extent as permitted by applicable laws, GGMOB reserves the right at any time to:
17. GGMOB may suspend the calculation and accrual of Points to rectify any errors in calculation or adjust the calculation as it reasonably deems fit without giving you prior notice or reason.
18. You shall be responsible for any taxes, levies or duties that arise in connection with the issuance of Points to you, your redemption of Points and/or the utilization of Rewards you have redeemed and all costs and expenses relating to the same shall be borne by you.
Last updated: 12th June 2024
