ZETTA Applications Terms and Conditions
Users of the captioned service (the “User”) are required to read and give consent to the following Terms and Conditions of use before using this mobile application (the “App”).
By accessing or using this App or any functionality thereof on any computer, mobile phone, tablet, console or other device (together “Devices” and each a “Device”), user acknowledges that he/she has read and understood these Terms and Conditions and agree to be bound by them.
1. Owner and Operator Information
The App is owned, technically supported and operated by Hong Kong Energy Infrastructure Co. Ltd. (“HEI”).
2. User Restrictions and Access
2.2. This App is exclusively designed for Electric Vehicle (“EV”) drivers and should not be used by individuals who are not legally entitled to drive an EV. Under no circumstances should it be accessed or utilized while operating a vehicle.
2.3. To utilize this App, users must register and sign in as a ZETTA app member.
2.4. Be aware that the use of some of the functionalities of this App require access to the Internet.
3. Acceptable use
3.1. Users are permitted to access any part of the app and may print off one copy of any or all pages for their own personal non-commercial use.
3.2. Users are strictly prohibited from copying, distributing, broadcasting, altering or tampering with, or using any material contained in the App. These restrictions apply in relation to all or part of the Content.
3.3. Users may not engage in any unlawful activities, use the app (or any part of it) for unlawful purposes, or act in a manner that contradicts these Terms and Conditions of Use. Users must not engage in fraudulent or malicious activities, such as hacking, inserting viruses or harmful data into the app or any operating system.
3.4. Users are prohibited from using the app in a manner that could potentially damage, disable, overburden, impair, or compromise the systems or security of HEI, or interfere with other users.
3.5. Users may not change or delete any ownership notices from materials downloaded or printed from the App.
3.6. Users may not circumvent or modify any App security technology or software.
4. Mobile Services
The use of the app is free, but please be aware that the user's carrier's normal rates apply. The app offers services and features that are only available on certain mobile devices. By using the app, users agree that HEI may communicate with them electronically on their mobile device and that certain information about their use of these services may be shared with HEI. If the user changes or deactivates their mobile phone number, they must immediately update their account information to ensure that HEI does not send messages to the person who acquired the old number.
5. Charging Service
5.1. Charging Station is self-service based. Users acknowledge that this EV Charging Station will not be manned or supervised during the Charging Service. The User also acknowledged that he shall exercise reasonable duty of care during the usage / acceptance of the Charging Service and using such Charging Service at the Users’ own acceptable risk.
5.2. The Charging Station and the Charging Service is to be provided by Hong Kong Energy Infrastructure Co. Ltd. (“HEI”) for the sole use by EVs in Hong Kong which are properly licensed and certified by the Government of Hong Kong SAR or its relevant departments or agents.
5.3. Users are required to fully comply with the and User instructions provided by HEI for the Electric Vehicle Charging Stations during their use of the EV Station.
5.4. User shall be solely responsible for ensuring that:
a) His/her EV is in good and safe condition and is suitable to use Charging Service and/or the Charging Station.
b) the charging connector for EV charging is intact and proper to be used.
c) the charging connector is dry, has been safely plugged into the EV charging port and charging socket before starting to charge and that the positioning of the cord does not create any hazard (including a tripping hazard) to other person(s); and
d) after the completion of Charging Service, the charging connector shall be disconnected from the EV charging port and securely docked back to the Charging Station before leaving.
5.5. Only EVs can be parked at the designated EV Charging Station. Car park property management office reserves the right to impound, tow or remove any vehicle parked at the designated EV parking space including but not limited to EV that completed charging session(s) and/or stopped charging or other vehicles that occupies the EV parking spaces for EV charging.
5.6. Charging Service is only made available for EV parked correctly at the designated and marked area of the Charging Station.
5.7. Users shall ensure his/her EV not to be over-charged and that the Charging Service is to be carried out safely, with reasonable care and avoiding to cause any damage or injury to any other third party.
5.8. Users will only use the EV that is compatible with the Charging Station for the Charging Service.
5.9. Users shall not use the Charging Station in a way that will cause any unnecessary risk to the Charging Station, the Users, any other third party or any vehicle stationed at the Charging Station.
5.10. HEI shall not be responsible for any improper use of Charging Station by the User and the Users shall indemnify and hold HEI harmless from and against any and all claims, demands, suits, actions or liabilities for damage to property or for injury or death of any person arising out of the improper, negligent or unreasonable use of the Charging Station and/or Charging Service.
5.11. The maximum charging speed provided is for reference purposes only. The actual charging speed may vary depending on factors such as such as the model of the electric vehicle, the supported power of the electric vehicle, the configuration inside the electric vehicle, the battery settings, and the state of charging of the battery and other environmental conditions.
5.12. HEI shall be entitled, at any time without prior notice, to restrict or suspend the use of Charging Service in any or all of the Charging Stations.
5.13. The Charging Station shall be vacated promptly once a User’s EV has completed the Charging Service or is not receiving the Charging Service. HEI has the right to disconnect the Charging Service by remote and to transfer the right to use the Charging Service / Charging Station to another user. Nevertheless, this protocol will only be activated by HEI as deemed necessary.
5.14. A penalty of idle for per minute will be imposed if the user fails to vacate the charging spot within 5 minutes after the completion of their designated charging period (as per the time specified in the package they selected).
5.15. HEI (and its group companies) shall not be liable for any loss or damage to any motor vehicle or any of its accessories, fixtures, fittings or contents caused by the negligence, omission, default or act of the User at any time whilst such motor vehicle is in use of and/or after the use of the Charging Service and/or the Charging Station.
5.16. HEI (and its group companies) shall not be liable (whether arising under any legislation, at common law or otherwise) for any liability and consequence caused by the negligence, omission, default or act of the User for the use of the Charging Stations and/or Charging Service. The User shall be solely liable for and shall indemnify and hold HEI (and its group companies) absolutely free and harmless from any liability as a result of such default and omission by the User.
5.17. The Charging Station / Charging Service shall operate on first come first served basis and by way of reservation in advance via HEI’s designated website or the app only.
5.18. Users should stop using the Charging Station and the Charging Service immediately if any defect/ malfunctioning of the Charging Station is noticed. HEI does not give any undertakings, warranties or guarantees to the quality, standard, availability, compatibility or function of any Charging Stations nor is HEI able to guarantee an uninterrupted supply of electricity/ service to the Charging Station. HEI shall under no circumstances be responsible or liable for any death, personal injury, property damage, loss of profits, business interruption or other losses and damages, whether direct or indirect, whatsoever caused by or arising from the use of the Charging Station. Upon choosing to use the Charging Station, Users are responsible for all the risks and liability caused by or arising from its usage and shall not seek to claim any compensation from HEI.
5.19. Users will purchase an EV charging package through the App, which includes a specified time limit and charging limit. The package must be prepaid before use.
5.20. Users can opt for the "MaxCharge" plan when booking a package or before starting a charging session. This plan may incur an additional cost based on the kWh charged which will be automatically deducted from the user’s credit balance after the charging is completed
5.21. The App offers a wallet function for users to purchase credits and make payments for packages and additional services. Users can add credits to their wallet using various in-app payment methods. The wallet balance is solely for the purpose of making payments within the app and cannot be withdrawn or transferred to external accounts.
5.22. The App may introduce promotional offers, discounts, or incentives related to the wallet from time to time. The terms and conditions associated with such offers will be clearly communicated, and users must comply with them to avail of the benefits.
5.23. Users have the option to cancel their booking and receive the credit in their wallet if the cancellation is made up to 2 hours in advance of their scheduled booking time.
5.24. Users have the option to delete their information at any time. They can do this by signing in to their account, accessing the account settings section, and choosing the option to delete their account and all associated data. It is important to note that once the account is deleted, the data cannot be recovered.
6. Intellectual Property Rights (“IPR”)
All intellectual property contained within or on the App is owned by HEI or it’s licensors. HEI and its licensors, reserves all of rights in relation to the intellectual property rights (IPR) contained in the App and the Content.
7. Data Protection and Privacy Policy
Personal details and other information provided by the user through this App will be used in accordance with HEI's Privacy Policy. By downloading the app, the user consents to the use of their information in accordance with HEI's Privacy Policy.
8. Disclaimer and Liability
8.1. Users are responsible for the accuracy of the information that they enter or submit into the App. While HEI do its best to ensure that any information provided as part of this App is correct at the time of inclusion on the App, HEI cannot guarantee the accuracy of such information.
8.2. To the fullest extent permitted by law, HEI disclaims all warranties, express or implied, regarding the operation and use of the app. The user understands and agrees that they use the app at their own risk and that they are solely responsible for their use and any damage to the device through which they access the app, loss of data, or any other harm of any kind that may result from downloading, accessing, or using the app.
8.3. To the fullest extent permitted by law, HEI shall under no circumstances whatsoever be liable to the user, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the user's use of this app or their reliance on any information or advice contained in the app for: loss of actual or anticipated profit, sales, savings, use, business, business opportunity, or revenue.
9. Links to third-party websites
9.1. This App may contain links to other websites that are not operated by HEI. if a user clicks on a third-party link, he/she will be directed to that third party's site. HEI advise users to review the privacy policy of every site they visit.
9.2. HEI does not have control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.
10. Changes to operation of the App
10.1. HEI may change the format and content of all or any part of this App at any time, including but not limited to removal of features or functionalities in the App.
10.2. HEI may suspend the operation of this App, or of certain of it’s features or functionalities, for support or maintenance work, in order to update to content or for any other reason.
10.3. Updates to the app may be issued from time to time through the App Store or Google Play. Depending on the update, the user may not be able to use all or part of the app until they have downloaded the latest version of the app and accepted any new terms.
11. Transfer of Rights
HEI may transfer its rights and obligations under these Terms and Conditions of Use to any affiliate of HEI. Any such transfer will not affect the user's rights or HEI's obligations under these Terms and Conditions of Use.
12. Severance
Each of the Clauses or sub-clauses of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses or sub-clauses will remain in full force and effect.
13. Termination
13.1. HEI reserves the right to terminate or suspend access to the app if a user breaches these Terms and Conditions.
13.2. HEI reserves the right to limit, cancel, terminate, or suspend the provision of the service at any time by providing notice to the user if they fail to pay any amounts due for the service or penalties.
14. Changes to these Terms and Conditions of Use
HEI has the right to modify or amend these Terms and Conditions at any time and from time to time without prior notice to the User. If there is any inconsistency between the English and Chinese version of these Terms and Conditions, the English version shall prevail.
15. Jurisdiction
These Terms and Conditions of Use are governed by and to be interpreted in accordance with the laws of Hong Kong. In the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the app, the courts of Hong Kong will have non-exclusive jurisdiction over such disputes.
16. Complaints Procedure
To contact HEI for question or complaint about this App, please send an email to enquiry@kszetta.com. The email should include the member's name, registered mobile number, email address, and contact number.