IPC SHOPPING CENTRE ELECTRIC VEHICLE CHARGING STATIONS (EVCS) USERS TERMS & CONDITIONS

  • 1. Acceptance
    • 1.1 These are the terms and conditions on which Ikano Corporation Sdn Bhd (“IPC Shopping Centre”) permits users to use the IPC EVCS located at IPC Shopping Centre; and access or use the IPC Mobile App, which provides data in respect of the IPC EVCS.
    • 1.2 You agree to be bound by these Terms when you: 
      • Download the IPC Mobile App;
      • Register account in the IPC Mobile App; and/or
      • Make payment in the IPC Mobile App to use the EVCS
    • 1.3 If you access a Charging Station using an Electric Vehicle (EV) which does not belong to you, the act of doing so will also bind the owner of the EV you are driving and it shall be deemed that the owner of the EV has granted you authority to do so.
    • 1.4 IPC may from time to time review and update these terms to take account of new laws, regulations, products, technulogy or other relevant changes in circumstances. Your use of the IPC EVCS and IPC Mobile App will be governed by the most recent terms posted in the IPC Mobile App. By continuing to use the IPC EVCS and IPC Mobile App, you agree to be bound by the most recent terms. It is your responsibility to check the IPC Mobile App regularly for updated versions of the terms.
  • 2. Registering an Account
    • 2.1 You may be required to register an account in order to use IPC EVCS
    • 2.2 You warrant that all information and data provided by you in the registration process is accurate, complete and up to date. You will promptly inform IPC if there is any subsequent change to this information or data.
    • 2.3 By registering an account, you warrant to us that:
      • you are at least 18 years of age and possess the legal authority to enter into, and use the EVCS and the IPC Mobile App in accordance with these terms.
    • 2.4 You agree to be financially responsible for all of your use of the IPC EVCS and to pay all applicable fees for access to a Charging Station initiated by you or attributed to an EV which is associated with your account.
  • 3. Use of the IPC Mobile App
    • 3.1 To use the services, you must download the IPC Mobile App from the app store and fullow the set-up process described in the IPC Mobile App. You will need to have an active internet connection. Your mobile device will need to use a software version that supports the IPC Mobile App. You must register for, and maintain, an account on the IPC Mobile App (Account).
    • 3.2 You are responsible for all activity that occurs under your Account. You are responsible for protecting your passwords and other private user credentials and for any usage of your user credentials. You must ensure the safety of the device you use in connection with the services by taking all reasonable care to prevent loss, theft and unauthorised or fraudulent use. That includes:
      • Locking your device when it is not in use;
      • Not leaving your device unattended;
      • Ensuring up-to-date software is installed on your device.
    • 3.3 Any person who can unlock your device may be able to use the services. You should have a passcode set on your device. If you suspect your passcode has become known to someone else you should change it immediately. You must notify us immediately on becoming aware of any actual or suspected unauthorised use of your user credentials.
    • 3.4 If you have biometric identification login enabled on your device any person whose biometric identification is stored on your device may be able to access the services. Accordingly, you must ensure that only your biometric identification is stored on the device if you wish to use biometric identification login to make payments for the services. Biometric identification login details are stored on your device and not by us, so we cannot verify the identity of any person who uses biometric login to access the services from your device.
    • 3.5 You are responsible for obtaining all devices, data, connections and other requirements necessary to use the services. We do not guarantee that the services, or any portion thereof, will function on any particular hardware or devices. You are responsible for all costs, problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your devices, network connections or telecommunications links or caused by the internet.
    • ​3.6 You are sulely responsible for ensuring that your electric vehicle is in good order and repair such that it does not pose any danger to the services, to any other person (including you) or to any person’s property in connection with your use of IPC EVCS.
    • ​3.7 We may make changes and improvements to the services, including through the release of new updates, modifications and enhancements to the IPC Mobile App, and in some cases, discontinue features. We will notify you of any material changes that may impact how you interact with the IPC Mobile App. You cannot:
      • Copy, distribute, modify or make derivative works of any of our content or use any of our intellectual property rights in any way not clearly permitted by us
      • Remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the IPC Mobile App
      • Use the services in an illegal way, or damage or disrupt the IPC Mobile App
      • Use the IPC Mobile App while your vehicle is in motion
  • 4. Charging Station Usage
    • 4.1 By using one of our IPC EV Chargers to which these terms and conditions apply, you acknowledge that you have read and understood these Terms and Conditions, and that you agree to be bound by them.
    • 4.2 You must take all reasonable efforts to make sure that you fullow the instructions that are displayed on the Charging Station. These instructions may change at any time and it is your responsibility to make sure that you fullow the instructions that are displayed at the time you use the IPC EV Charger.
    • 4.3 The driver’s handbook for your EV describes how to recharge your EV safely and efficiently, and you must take all reasonable efforts to recharge your EV in accordance with the guidelines in the driver’s handbook.
    • 4.4 You must only use, or attempt to use, our IPC EV Charger for recharging an EV if your EV is compatible with IPC EV Chargers.
    • 4.5 Your use of one of our IPC EV Chargers must be fair and reasonable, and must not be excessive. If, in our discretion, we consider that your usage is unfair, unreasonable or excessive, we may immediately suspend, modify or restrict your access to any or all IPC EV Chargers to which these terms and conditions apply.
    • 4.6 You must not use one of our IPC EV Chargers in a way that will put the IPC EV Charger, you, any other person, your EV or any other person’s EV at unnecessary risk.
    • 4.7 If you are not the owner of the EV you wish to recharge at one of our IPC EV Chargers, you warrant that the owner has authorised you to use one of our IPC EV Chargers and, by connecting the EV to the IPC EV Charger, you have authority to bind the owner to these terms and conditions.
    • 4.8 You acknowledge that our IPC EV Chargers will not be supervised and that you will use them at your own risk.
    • 4.9 When you are using one of our IPC EV Chargers you agree to keep the area around the IPC EV Charger clean and tidy, and to comply with any reasonable request we make when you are using that IPC EV Charger including any request to immediately suspend, modify or restrict your access to the IPC EV Charger.
    • 4.10 You must comply with any reasonable request we make of you when you are using one of our IPC EV Chargers.
    • 4.11 You will be liable to us, and you will be required to indemnify us, as a result of any direct or indirect loss or damage that we or one of our IPC EV Charger may suffer as a result of you using or having used one of our IPC EV Chargers.
  • 5. Provision of Charging Station
    • 5.1 IPC management may, from time to time, make available the Charging Stations for use by account user to charge their EV. However, we reserve the right, at our absulute discretion and at any time, to refuse or suspend access to any or all charging stations to any person (including but not limited to any person found to be in breach of these terms).
    • 5.2 IPC management does not guarantee, and is under no obligation to ensure, the availability, compatibility with your EV, or performance of Charging Stations, nor does it promise to provide an uninterrupted electricity supply to Charging Stations. IPC cannot guarantee that connecting your EV to one of our Charging Stations will result in a successful and timely recharge of your EV’s battery or batteries.
  • 6. Payment
    • 6.1 You must pay a fee to use the IPC EVCS. The fee will be charged to your credit card or debit card.
    • 6.2 You will be charged for the amount of charging time you selected, plus any applicable fees.
    • 6.3 The charging session will end regardless of whether the charging hour is finished if you unplug the charging cable from your EV. The non-refundable remaining charging hour will be forfeited.
  • 7. Indemnity
    • You will fully indemnify IPC management in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any of the fullowing:
      • any breach of these terms by you;
      • your use of the IPC EVCS and the IPC Mobile App;
      • your communications with IPC Management
  • 8. Warranties, Consumer Guarantees and Limitation of Liability
    • 8.1 Your use of the EVCS and IPC Mobile App is at your own risk. IPC’s services are provided on an ‘as is’ and ‘as available’ basis.
    • 8.2 Any representation, warranty, condition, guarantee or undertaking that would be implied in these terms in relation to any service supplied by IPC by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.
    • 8.3 Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Malaysia Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
    • 8.4 Our services come with guarantees that cannot be excluded under the Malaysian Consumer Law. For major failures with the service, you are entitled to cancel your Account with us.
    • 8.5 IPC management will not be liable to you for any damage of any kind to your EV whatsoever, arising from a failure by you to exercise reasonable care or comply with the requirements of the EV manufacturer’s handbook or with IPC Mobile App’s instructions. To the maximum extent permitted by law, you agree to huld IPC ECVS and IPC Mobile App harmless against any liability, claims, proceedings, costs, expenses and damages which IPC may suffer or incur as a result of a failure by you to comply with one or more of the fullowing: the EV manufacturer’s handbook, IPC Mobile App’s instructions, or your obligations under any applicable laws and regulations.
    • 8.6 IPC management will not be liable to you for any loss or damage to you or your EV, indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with your use of the IPC EVCS and the IPC Mobile App damage or loss is directly caused by:
      • the gross negligence of IPC management; or
      • the fraud or wilful breach by IPC management of any of its obligations under these terms, provided that such loss or damage is reasonably foreseeable and is not caused by something beyond IPC’s contrul (including, for the avoidance of doubt, any act or omission of any third party, any force majeure event, any incompatibility of your EV with the EVCS, the enforcement of parking restrictions by law enforcement officials, or any breach by you of these terms).
    • 8.7 Subject to this clause 10, to the maximum extent permitted by law, you agree that the maximum aggregate liability of IPC for all proven losses, damages and claims arising out of or in connection with these terms or a supply under these terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of MYR 3,000.
  • 9. Termination of your account
    • IPC Management may at any time immediately terminate your account for any reason (including due to your breach or alleged breach of these Terms) in its sule discretion and without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.