Index

A. Terms of Service

Last Updated: March 31st, 2024

1) CONTRACTUAL RELATIONSHIP

Welcome to EV One. Through our Mobile App, Management Portal, and Website www.ev-one.vn (the “Site”), and related offers, promotions, applications, programs, and products (all of the foregoing in this sentence collectively referred to as the “Services”). The Site is owned and operated by EV One Charging Equipment & Solutions Joint Stock Company (collectively, with its subsidiaries and affiliates if any, “EV One”, “we”, “us” or “our”). References to “you” or “your” mean you as a casual visitor, someone who has created a user account for receiving information from us, user of our Services, member, account holder, or customer, business partner, as applicable. These Terms of Service (“Terms”) govern the use of electric vehicle charging and through EV One charging stations and related equipment, service plans, billing services, the Site, Management Portal, and Mobile App.

THESE TERMS ARE IMPORTANT. THEY AFFECT YOUR RIGHTS. PLEASE READ THESE TERMS CAREFULLY AND MAKE SURE THAT YOU UNDERSTAND EACH PROVISION AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE SERVICES PROVIDED TO YOU.

By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, do not access or use our Site, Management Portal, Mobile App, or Services. These Terms expressly supersede prior agreements, understandings, or arrangements with you regarding the subject matter of the Terms, including EV One’s Privacy Policy (www.ev-one.vn/privacy_policy) (together, these “Terms”). Separate supplemental terms may apply to certain Services, such as policies for a particular service plan, program, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services. Supplemental terms are in addition to, and shall be deemed a part of, these Terms for the purposes of the applicable Services.

Updates to the Terms

EV One may amend these Terms from time to time. Amendments will be effective as of the date EV One has posted such amendments on EV One’s website at https://www.ev-one/terms_of_service. Your continued access or use of the Services after such notice and posting confirms your consent to be bound by the Terms, as amended. If you disagree with the amended terms, do not continue to use the Services.

Personal Information

EV One’s collection and use of Personal Information in connection with the Services is defined and described in EV One’s privacy policy located at https://ev-one.vn/privacy_policy/, which may be amended from time to time (“Privacy Policy”). Our Privacy Policy is incorporated into and forms part of these Terms.

2) ACCOUNTS
Registration

In order to use the Services, you must register for and maintain an active personal account with EV One (“Account”). You must be at least 18 years of age, or the age that have full legal capacity in accordance with current regulations of Vietnam, to obtain an Account or use Services. Account registration requires you to submit to EV One certain Personal Information, such as your full name, mobile phone number, email address, age, and you must have at least one valid payment method supported by EV One (please refer to Article 5 of these Terms). By agreeing to the Terms you represent (i) that you are at least 18 years old or the age that have full legal capacity in accordance with current regulations of Vietnam, (ii) you are the person whose name and other information have been provided for the account that you have or are creating, (iii) that you have not previously been suspended or removed from the Services, and (iv) that your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in additional fees and/or your inability to access or use the Services.

All the information that you supply to us in creating your user account must be accurate. You are responsible for maintaining the confidentiality of your account and password. We may reject any user name that violates these Terms, including any user name that uses another person’s identity. You are responsible for authorizing, deauthorizing and administering Account access. You are responsible for maintaining confidentiality of all passwords. Unless otherwise permitted by EV One in writing, you may only possess one Account. You may not authorize third parties to use your Account.

We may use the email you provide to us in your user account profile to provide you with service messages and updates, and for e-invoicing for the services provided. By becoming a user, you are consenting to the receipt of these communications.

We may use the vehicle information you provide to us in your user account profile for the purpose of insurance of our assets and your assets while using the Service.

Access Credential

After completing registration for an Account, you will be permitted access Services using a valid authentication method, which may include a mobile authentication method, and/or other method (collectively, “Access Credential”) which will be linked to your Account. Your Access Credential will enable you to use EV One’s electric vehicle charging stations across the EV One network (“EV One Charging Stations”) to charge your EV. You agree that you are responsible for all charges incurred through use of the Access Credential assigned to you and linked to your Account. In the event of a lost or stolen Access Credential, you are responsible for immediately notifying EV One by sending an email to info@ev-one.vn or calling (+84) 388-331-331. You agree to be liable for any and all losses, charges incurred due to usage of the lost or stolen or unauthorized access to your Access Credential (unless due to EV One’s negligence) until EV One has been notified.

Modification and Termination

To modify or terminate your Account or Services, (a) login to the Management Portal or Mobile App and follow the modification and/or termination instructions provided therein, (b) email info@ev-one.vn with “Attention: Account” in the subject line, or (c) call (+84) 388-331-331.

EV One may immediately terminate these Terms or terminate or suspend any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason in its sole discretion. If EV One elects to terminate your Account and/or your use of the Services, then you will be responsible for payment for any Services used, but not yet paid for, and any other fees due hereunder, as of the date of such termination, after settled against any balance of your account (if any). In addition, if applicable, EV One may collect damages from you in connection with any breach of the Terms by you and may exercise any other remedy available to EV One hereunder, at law or in equity.

Upon termination of Services or your Account, your method of payment will be charged for any unbilled amounts and any other fees due hereunder.

3) CHARGING SERVICES
Host Property Regulations and Restrictions

EV One Charging Stations may be located and hosted on a site under the management/ownership/use and exploitation of a third party (such third party is referred to as a “Host” or “Location Partner”). As such, you agree to observe and obey any and all rules set by Hosts pertaining to their property and the use of EV One Charging Stations on such sites of the, including, but not limited to, general customer or visitor conduct, parking restrictions, parking fees while using the Services if applicable, parking time limitations, and hours of operation. You are solely responsible for any damage, fees, penalties or loss caused by your noncompliance of any Host rules.

Support

In the event of any equipment malfunction or other technical issue with your Access Credential or an EV One Charging Station, please call 0388 331331 or the contact number located on the EV One Charging Station. To ensure the quality of the Services, you consent to EV One monitoring, and in certain cases, recording calls between you and EV One. We normally delete the files containing these calls every ninety days but, we reserve the right to retain them if we believe retention is needed. In the event of any equipment malfunction or other technical issue with an Out-of-Network Charging Station (defined below), please call the contact number located on the Out-of-Network Equipment.

IN THE EVENT OF AN EMERGENCY OR ANY SITUATION THREATENING SERIOUS INJURY TO PROPERTY OR HUMAN LIFE, IMMEDIATELY DIAL 1-1-4 AND FOLLOW THE INSTRUCTIONS YOU ARE GIVEN.

Promotional Programs

In the event you receive Services pursuant to any program where free charging sessions are offered to you with the purchase or lease of an EV, including but not limited to automaker promotional program (each, a “Promotional Program”), you agree that EV One may set time or other limits on charging at EV One Charging Stations depending on the terms and conditions of the Promotional Program. Use of EV One Charging Stations at the same site within sixty (60) minutes following the end of a previous charging session may be treated as a repeat session and billed at the normal charging rate without applying the Promotional Program. Likewise, EV One may have certain other provisions to protect against abusive or fraudulent activities with respect to Promotional Programs, which may or may not be announced under the Promotional Programs. You agree that you are responsible for all fees, charges, and penalties applied by EV One as a result of abusive or fraudulent activities with respect to such Promotional Programs.

For charging services within Promotional Program, invoicing maybe done at the time different from the time charging services completed, dependent on agreement between EV ONE and relevant parties under that Promotional Program, following relevant legal regulations.

Authorized Charging Adapters

For your safety, in case your EV does not have a charging socket that is compatible with the available charging plugs EV One stations (Type 2 for AC charging and CCS2 for DC charging), EV One only permits the use of automaker-manufactured (your car brand) charging adapters on EV One charging stations or with EV One’s charging network (“Authorized Adapters”). EV One prohibits the use of all other adapters (“Unauthorized Adapters”) on EV One’s network and charging stations. You understand, accept, and agree to fully comply with these terms. You also agree to accept all liability for any and all loss, harm, or damage experienced by you or any other party caused by your use of Unauthorized Adapters in connection with your use of EV One’s chargers, network. Finally, you agree to indemnify, defend, and hold EV One harmless for any damage experienced by any party that is caused by your failure to comply with these terms.

Prohibition of Home-Built Electric Vehicles, Modified Vehicles, and Modified Chargers

EV One only allows you to use standard, industry-manufactured and legally recognized electric vehicles with EV One’s network and charging stations, and/or in connection with the Services and these Terms. EV One prohibits the use of all home-built/home-made electric vehicles, home-built onboard chargers, and vehicles that contain personally/unauthorised modified chargers and adapters (“Unauthorized Vehicles and Chargers”). You understand, accept, and agree to fully comply with these terms. You also agree to accept all liability for any and all loss, harm, or damage experienced by you or any other party caused by your use of Unauthorized Vehicles and Chargers in connection with EV One’s chargers, network. Finally, you agree to indemnify, defend, and hold EV One harmless for any damage experienced by any party that is caused by your failure to comply with these terms.

Services for Personal Use Only

Unless otherwise agreed to by EV One in signed writing, you shall not in any manner, directly or indirectly, resell or allow your Account, the Services or any EV One equipment to be used by another person or entity.

Restrictions

You agree to comply with all applicable laws and regulations when accessing or using the Services, and you may only access or use the Services for lawful purposes.

You may not use the Services (i) in any way that could cause harm, nuisance, annoyance, inconvenience, damage or adversely affect any person or EV One’s reputation or property, including EV One Charging Stations, or (ii) in any way prohibited by these Terms, any supplemental terms or other EV One policies. Additionally, you may not attempt to repair, physically modify, reverse engineer or derive source code from any EV One Charging Station. You acknowledge and agree that the manufacturer of all EV One Charging Station equipment has reserved all right, title, and interest in and to intellectual property associated with EV One Charging Station equipment and that you shall take no action that would cause, or by inaction permit, any impairment of any right, title, and interest of the manufacturer in such intellectual property and to otherwise respect the legal rights of the manufacturer.

4) WEBSITE; MANAGEMENT PORTAL; MOBILE APP
License, Use & General Restrictions

Subject to your continued compliance with these Terms, EV One grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use EV One’s website (the “Site”), management portal (“Management Portal”), mobile application (the “Mobile App”) and related services solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Site, Management Portal, and/or Mobile App, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by EV One.

The Management Portal and Mobile App provide information regarding your Account and EV One Charging Stations, including EV One Charging Station locations, map (provided by a third-party provider), and other content and features EV One may make available, and provide you general access to utilize the Services. You are responsible for all use of the Management Portal and/or Mobile App under your user name and/or by use of your password.

You may provide links to the Site, provided that (i) you do not remove or obscure, by framing or otherwise, any advertisements, copyright notice, or other notices on the Site, (ii) your site does not engage in illegal or contain contents that does not comply with Vietnamese laws or is inconsistent with Vietnamese customs and traditions, and (iii) you discontinue providing links to the Site immediately upon request by EV One.

You acknowledge and agree that EV One may modify the Site, Management Portal and/or Mobile App in any way and at any time, with or without notice. You further acknowledge and agree that, while EV One has attempted to provide accurate information on the Site, Management Portal and/or Mobile App, such information may change frequently and in no event will EV One be responsible for the accuracy, timeliness, reliability, usefulness, or completeness of any information, materials, or other content, or that any such information, materials, or other content is the most up-to date. EV One does not represent or warrant that the Site, Management Portal or Mobile App will be error-free, free of viruses or other harmful components.

You may not: (i) remove, obscure, or modify any copyright, trademark or other proprietary notices from any portion of the Site, Management Portal and/or Mobile App; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Site, Management Portal, and/or Mobile App except as expressly permitted by EV One; (iii) decompile, reverse engineer, or disassemble the Site, Management Portal, and/or Mobile App except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Site, Management Portal, and/or Mobile App; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Site, Management Portal, and/or Mobile App or that unduly burden or hinder the operation and/or functionality of any aspect of the Site, Management Portal and/or Mobile App; (vi) attempt to gain unauthorized access to or impair any aspect of the Site, Management Portal, and/or Mobile App or its related systems or networks; (vii) impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or, (viii) attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Third Party Content; Merchants

EV One may advertise certain offerings from third-party providers (“Merchants”) in connection with the Site, Management Portal, or Mobile App. You understand that EV One does not operate or control the products or services offered or provided by Merchants and is not responsible for information provided by you to Merchants. All agreements, rules, policies (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant sites. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. EV One is not a party to the transactions entered into between you and any Merchant. EV One and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY EV ONE, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES IS EV ONE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND ANY MERCHANTS, ANY INFORMATION APPEARING ON MERCHANTS’ SITES OR ANY OTHER SITE LINKED TO OUR SITE OR ANY PRODUCTS OR SERVICES OF SUCH MERCHANTS.

The Site, Management Portal, or Mobile App may contain advertising, sponsorships, or links to other websites. EV One is not responsible for the content, accuracy, or opinions express in such websites, and such websites are not investigated, monitored or checked for accuracy or completeness by EV One. Inclusion of any linked website does not imply approval or endorsement of the linked website by EV One. If you decide to access these third-party sites, you do so at your own risk. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site, Management Portal, or Mobile App is accurate and complies with applicable laws and regulations. EV One is not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site, Management Portal, and Mobile App and the content and materials provided therein.

For more information about EV One’s collection and use of Personal Information in connection with the Services, please read our Privacy Policy, located at: www.ev-one.vn/privacy-policy/.

5) PRICING & PAYMENT

You understand that use of the Services may result in charges to you for the services or products you receive (“Charging Fee”), inclusive of charging service fee (“Service Fee”) defined by EV One and electricity fees (EV One collects and pays on behalf of you) payable to Vietnam Electricity (“EVN”). Details of type of Services, Charging Fees, and any supplemental terms (if applicable) are provided for every charger and station. You may view current Service Charges on the Mobile App before using the Services.

Pricing

Charging Fees are defined by EV One for each type of chargers (AC or DC), by time frame that you use the Services (in which peak hours are from 09:30 to 11:30 and 17:00 to 20:00 from Monday to Saturday; off-peak hours are from 22:00 to 04:00 in all week days; normal hours are from 04:00-09:30 and 11:30-17:00 and 20:00-22:00 on weekdays and 04:00-22:00 on Sunday). Unless otherwise specified, EV One has the rights to establish and revise Charging Fees at any time in EV One’s sole discretion.

All Charging Fees paid by you are final and non-refundable, unless otherwise determined by EV One.

EV One may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charging Fee applied to you.

Payment

In order to start using the Services, you must top up your e-Wallet account on the Mobile App, and ensure the required minimum balance in the e-Wallet as prescribed by EV One (“Minimum Balance”) before starting a charging session. Currently Minimum Balance is 50,000 (Fifty thousand) VND, EV One has the right to amend this value without prior notice. This minimum balance is in place to ensure that any Services you have used are paid for, so you can start a charging session when your e-Wallet balance is higher than the Minimum Balance value.

Top up can be done by using the Top up feature in the Mobile Application with 02 (or more) available payment methods supported by EV One, including MoMo and VNPAY e-wallets. By selecting a payment method to top up your e-Wallet on your EV One account, you agree to all relevant terms and conditions provided by the respective service provider.

Payment of the Service Charges will be made automatically immediately after the end of a charging session by deduction from your e-Wallet balance.

EV One shall issue tax invoice for the used Service right after the Service is completed following regulations on tax invoicing. The e-invoice shall be issued based on user information and email address that you have registered in Profile information in EV One application. You are responsible to provide EV One with correct and sufficient information for invoicing.

In certain cases that Services are provided under Promotional Programs or prepaid packages, tax invoices for the Services shall be issued on the sale of the prepaid package, or under Promotional Programs, following relevant regulations.

Although before starting a charging session it is required to maintain a Minimum Balance in your e-Wallet, however in case your e-Wallet balance is not enough to settle all Service Charges incurred (negative balance), you are requested to top up your e-Wallet to pay all Service Charges within 48 (forty-eight) hours from the time there is a negative balance in your e-Wallet. After 48 (forty-eight) hours but the negative balance is not settled, EV One has the right to, at EV One’s sole discretion, suspense your Account and access to the Service without prior notice.

Refund Policy

Any prepaid cash top-ups made by you into your EV One e-Wallet account are non-refundable.

Suspension of Service

Suspension: We may suspend your account and access to the Service, with or without notice, if you violate any provision of these Terms.

The Effects of Account Suspension: Upon any suspension of your account, all Service associated with your account will be suspended or otherwise made inaccessible until and unless all issues are addressed and resolved, accepted by us and within the time frame we specify. You agree to hold us harmless from and against any and all claims, losses or damages arising from any suspension of your account or the individual Service.

Term; Termination
  • Term: These Terms shall commence upon your use of the Site or the Service and shall continue until terminated.
  • Termination:
    • We reserve the right to deactivate any accounts which have not been active for at least six (6) months.
    • We reserve the right to delete data in deactivated accounts.
    • We reserve the right to stop providing the Site or the Service to you or access to the Site at any time for any reason and without prior notice.
    • You can request to delete your account by choosing “Delete account” in the Mobile App. Please note that e-Wallet balance will be lost if you do not withdraw before account closure.
    • We reserve the right, in our sole discretion, to close your account, without prior notice, for any one or all of the following: (i) if you breach, whether intentionally or unintentionally, any of these Terms, any supplemental rules and guidelines, any of the terms and conditions of the respective service providers, or any of our rights; (ii) if we receive notice that you or your company will be or are/is subject to insolvency proceedings; (iii) if we do not receive a written response from you within 48 hours of any notice sent to you by our abuse department; (iv) if, in our judgment, your use of the Site or the Service has the potential to pose any harm to us, any of our affiliates, partners, service providers or customers; (v) if your account contains any amount becomes past due and is not paid as set forth in these Terms; (vii) if a hacked script or otherwise compromised website is discovered on our systems at the Service in use by you; (vii) if an unusual spike in resource usage is detected by our systems resulting in an account far outstripping the allotted resources; (viii) if you fail to cure any suspension of your account or any individual Service, to our acceptance, and within the time frame we specify; or (ix) if, in our judgment, we have received too many complaints about your User Content (where submission of User Content is permitted). In the event of any such closure of your account, you will not be eligible for a refund of any prepaid amount but not yet spent (if any), or withdrawal from your e-Wallet, and you may be prohibited from reopening your account, opening a new account or accessing any existing account. You agree that we shall not be liable, in any way, for any closure pursuant to this section of the Terms.
    • Upon any closure of your account: (i) these Terms and all rights granted under these Terms shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the Service and your account will cease immediately; (iii) any balance in your e-Wallet will be lost and cannot be refunded; and (iv) all of your data will (at our option) be deleted from our servers and backup systems and we may not have or keep backup of the data and User Content (if User Content is enabled). You agree to hold us harmless from and against any and all claims, losses or damages arising from any closure of your account. Any and all sections in these Terms which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after account closure. You are not permitted to access your account or any of the Service formerly associated with your account following any closure.
6) COPYRIGHT & SERVICE MARKS

The content, organization, software code, graphics, design, compilation, digital conversion, and other aspects related to the design, function, performance, or operation of the Site, Management Portal, Mobile App, and/or EV One Charging Stations are protected under applicable copyright, trademark and other proprietary intellectual property rights. The copying, redistribution, use, or publication by you of any such matters or part of such matters, except as allowed by the license granted under Section 2, is strictly prohibited. You do not acquire ownership rights to any content, document, or other materials viewed through the Site, Management Portal or Mobile App.

“EV One”, “EZ-Charge”, the EV One logo, and our other brands are our service marks or registered service marks or trademarks. Some of the content, products and company names mentioned on the Site, Management Portal and Mobile App may be copyrighted work of third parties and/or trademarks of their respective owners. Use, reference, copying or publication by you of any service marks or trademarks owned by EV One or a third party mentioned on the Site, Management Portal, and/or Mobile App, except as allowed by the license under Section 2, is strictly prohibited.

COOPERATION WITH LAW ENFORCEMENT AND GOVERNMENT AGENCIES

You acknowledge that we have the right to investigate complaints and prosecute reported violations of these Terms, including intellectual property, and privacy rights infringement and website security issues, to the fullest extent of the law. We may report violations to, and involve and cooperate with law enforcement authorities, regulators, or other agencies or third parties in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or the Services, but we have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental or regulatory body.

You understand and agree that we may disclose your Personal Information, usage history, IP addresses, traffic information, or any other information relating to your Account or your use of our Site, Mobile App, or Services, if required to do so by law.

7) DISCLAIMERS; LIMITATION OF LIABILITY; INDEMNITY
Availability

Although EV One shall use commercially reasonable efforts to provide continuous access to the Services and/or make available the EV One Charging Stations, in each case pursuant to these Terms. EV One does not guarantee that the Services will be accessible at all times. The Services may be unavailable during maintenance periods or during an emergency. In addition to normal maintenance, there may be events that will make the Service inaccessible for a limited amount of time due to unforeseen circumstances.

DISCLAIMERS

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ALL WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ALL OTHER SIMILAR WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED WITH RESPECT TO (I) EV ONE CHARGING STATIONS AND RELATED EQUIPMENT, (II) INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE, MANAGEMENT PORTAL, OR MOBILE APP, AND (III) THE SERVICES, EXCEPT AS SET FORTH IN THESE TERMS. IN ADDITION, EV ONE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR PRODUCTS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED, AVAILABLE OR OPERATIONAL AT ANY PARTICULAR LOCATION OR AT ANY PARTICULAR TIME, OR THAT THEY WILL BE ERROR-FREE OR VIRUS-FREE. FURTHER, EV ONE AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED BELOW.

EV ONE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF MERCHANTS OR THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR PRODUCT REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

You are solely responsible for ensuring that your EV’s battery is sufficiently charged to meet your needs and that all charging is done in accordance with the manufacturer’s recommendations regarding the type, frequency and duration of charging.

Limitation of Liability

NOTWITHSTANDING ANY OTHER PROVISIONS OF THE TERMS TO THE CONTRARY, REGARDLESS OF THE LEGAL OR EQUITABLE BASIS OF ANY CLAIM, IN NO EVENT SHALL EV ONE OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SUBJECT MATTER OF THESE TERMS, ANY ERRORS IN OR OMISSIONS FROM THE SITE, MANAGEMENT PORTAL, MOBILE APP, OR ANY SERVICES OR PRODUCTS OBTAINABLE THEREFROM, THE UNAVAILABILITY OR INTERRUPTION OF THE SITE, MANAGEMENT PORTAL, MOBILE APP, OR ANY FEATURES THEREOF, YOUR USE OF THE SITE, MANAGEMENT PORTAL, OR MOBILE APP, THE CONTENT CONTAINED ON THE SITE, MANAGEMENT PORTAL, OR MOBILE APP OR ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF ANY AFFILIATE, INCLUDING, BUT NOT LIMITED TO, DAMAGES THAT RESULT FROM THE PERFORMANCE OR NONPERFORMANCE OF EV ONE’S OBLIGATIONS UNDER THESE TERMS, YOUR USE OF ANY EV ONE EQUIPMENT, INSTALLATION OF EV ONE EQUIPMENT, EV ONE’S ACTS OR OMISSIONS WHETHER OR NOT ARISING FROM SOLE, JOINT OR CONCURRENT NEGLIGENCE, STRICT LIABILITY, VIOLATION OF LAW, BREACH OF CONTRACT, BREACH OF INDEMNITY PROVISIONS, BREACH OF WARRANTY OR ANY OTHER THEORY OR SOURCE WHETHER OR NOT FORESEEABLE AND EVEN IF EV ONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND YOU HEREBY RELEASE EV ONE FROM ANY SUCH EXCLUDED DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIMIT OF EV ONE’S LIABILITY TO YOU FOR ANY MATTER RELATED TO THESE TERMS, YOUR USE OF EV ONE EQUIPMENT, THE INSTALLATION OF EV ONE EQUIPMENT, THE MOBILE APP, THE MANAGEMENT PORTAL, AND THE SITE SHALL NOT IN THE AGGREGATE EXCEED greater of: (a) THE TOTAL AMOUNT OF THE FEES PAID BY YOU WITH RESPECT TO THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, and (b) 5,000,000 (five million) VND. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EV ONE AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE, MANAGEMENT PORTAL, MOBILE APP, OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS.

Indemnification

YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EV ONE, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, PARTNERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AND AGENTS FROM AND AGAINST ALL THIRD-PARTY ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, LOSSES, COSTS, DAMAGES, DEFICIENCIES, JUDGMENTS, LIABILITIES, PENALTIES, FINES, ASSESSMENTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COSTS OF LITIGATION) WHICH THEY OR ANY OF THEM SUFFER OR INCUR RESULTING FROM, BY REASON OF, ARISING OUT OF OR IN CONNECTION WITH: (I) PERSONAL INJURY, BODILY INJURY, INCLUDING FATAL INJURY TO, OR LOSS OF OR DAMAGE TO THE PROPERTY OF, ANY PERSON OR ENTITY WHATSOEVER (INCLUDING THE PARTIES HERETO) ARISING OUT OF OR IN CONNECTION WITH YOUR, OR ANYONE USING YOUR ACCESS CREDENTIAL, (II) YOUR NEGLIGENT USE OF THE SERVICES, (III) ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, AGREEMENT, OBLIGATION, OR COVENANT MADE BY YOU TO EV ONE INCLUDING IN ANY PLAN, AGREEMENT, CERTIFICATE, DOCUMENT, SCHEDULE, ANNEX, OR OTHER INFORMATION RELATING TO OR DELIVERED PURSUANT HERETO, (IV) ANY ACTUAL OR PROSPECTIVE CLAIM, LITIGATION, INVESTIGATION, OR PROCEEDING RELATING TO ANY OF THE FOREGOING, WHETHER BASED ON AGREEMENT, TORT, OR ANY OTHER THEORY, WHETHER BROUGHT BY A THIRD PARTY OR BY YOU, OR (V) YOUR USE OF THE SITE, MANAGEMENT PORTAL, OR MOBILE APP.

8) OTHER PROVISIONS
Force Majeure

We shall not be responsible for any loss, damage, default or failure which is shown to be due entirely to causes beyond our control, including but not limited to failure of information network equipment, connection failure, failure of computer, communication or other system, power breakdown, strikes, riots, fire, flood, windstorm, explosion, war, new regulations issued by the Government, changes of laws, regulations, administrative provisions and other rules, orders of judicial or authorities.

Governing Law

These Terms, your use of EV One equipment and/or the Services and any dispute you may have with EV One related to the Site, Management Portal, or Mobile App shall be governed by and construed in accordance with the laws of Vietnam.

General

These Terms, including, but not limited to, the Privacy Policy (and updates to these Terms and the Privacy Policy), and any other terms agreed to in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and EV One regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter. The headings of sections and paragraphs in these Terms are for convenience only and shall not affect its interpretation. You may not assign, transfer or convey (collectively, “assign” or its variants) these Terms, in whole or in part, or your Account, Login Credential, or password without EV One’s prior written approval EV One may assign these Terms, in whole or in part, without your consent. Any purported assignment in violation of this section shall be of no power or effect. No joint venture, partnership, employment, or agency relationship exists between you, EV One or any third-party provider as a result of these Terms, your Plan or use of the Services. If any provision of these Terms or the terms of any Plan are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. EV One’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by EV One in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms. Applicable provisions of these Terms will continue in effect after termination or expiration of a Plan or Account to the extent necessary, including those for billing adjustments and payments, indemnification, limitations of liability, and dispute resolution. EV One’s rights under these Terms shall survive any termination of these Terms.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Copyright © 2024 EV One

EV ONE CHARGING EQUIPMENT & SOLUTIONS JOINT STOCK COMPANY

2F, ROSANA Building, 60 Nguyen Dinh Chieu, District 1, Ho Chi Minh City

Registration No. 0317406916, first issued by HCMC Department of Planning & Investment on 28/7/2022.

Hotline: (+84) 388-331-331 / Email:  info@ev-one.vn

B. EV One’s Privacy Policy

Last Updated: March 31, 2024

EV One (“EV One,” “we,” “our,” or “us”) provides this privacy policy (the “Policy”) to inform you on how we process your information, whether you are a visitor to our website, a purchaser of our electric vehicle charging stations, or a user of electric vehicle charging stations on the EV One Network. “EV One Network” refers to EV One’s public network of electric vehicle charging stations and vehicle charging mobile application.

Except as explicitly provided herein, this Policy applies to your use of the EV One website (the “Website”), the EV One mobile application (the “App”), and to any service offered by EV One that includes a link to this Policy, including your EV One account (if you have registered or are registering your account) (each of these services and applications are collectively defined as the “Service”).

Please read this Policy carefully to understand how we handle your information. By using or otherwise accessing the Service, you agree to this Policy. If you do not agree to this Policy, please do not access or use the Service.

1. Information We Collect

We obtain information about you when you use or otherwise access the Service. Please note that we need certain types of information to provide the Service to you. If you do not provide us with such information, or if you ask us to delete that information, you may no longer be able to access or use certain parts of our Service.

Information You Provide Directly to Us

We collect information you provide directly to us. For example, you may provide us with information through your:

  • Use of the Service;
  • Registration for an account;
  • Access to and use of the EV One Network;
  • Purchases;
  • Communications with us, including for customer support, technical assistance, marketing, and billing;
  • Communications with other users of the Service; and/or
  • Participation in surveys, polls, sweepstakes, or promotions.
The types of information we collect directly from you include:
  • Account Registration Information: If you register for an account, we may collect your name, username, password, email address, telephone number, information about your vehicle (e.g. make, model, color, VIN number), necessary information for tax invoicing in according to current regulations (e.g. tax code…), and information for payment gateway partners licensed by State bank of Vietnam.
  • Charging Network Data: When you use the EV One Network, we may collect information such as, charging session date, start time, end time, duration, identification number, energy dispensed, charging port identification number, total fees associated with each charging session, pricing policy applied, power cycle patterns, current, and voltage.
  • EV One Station Data: If you own or operate a EV One station for use commercially (a “Site Host”), we collect certain information from you as a Site Host, such as contact details and the Site Host’s affiliation or association to a company account. If you own or operate a EV One station for home use, we may collect session and scheduling data, geolocation of the EV One station, and other data you input into the home EV One station.
  • User Content: The Service may allow you to upload your photos.
Information We Collect Automatically
  • Device/Usage Information. We and our third-party service providers may use cookies, web beacons, and other tracking technologies to collect and store information about your use of the Service. As described further below, we may collect and analyze information including, but not limited to: (1) IP address, (2) date and day of access request, (3) pages viewed, (4) time zone difference to Greenwich Mean Time (GMT), (5) the standard HTTP-header information, (6) the time spent on each page of our Website or App page, (7) links you have clicked on our Website, (8) the page you visit before and after you come to our Website, (9) browser type, (10) operating system, (11) language, (12) advertising identification number and vendor identifier, (13) usage data including information on how you navigate the Service, and (14) version of browser software.
  • Location Information. When you use the Service, we may collect general location information (such as IP address). If you install our App, we may ask you to grant us access to your mobile device’s geolocation data. If you grant such permission, we may collect information about your precise geolocation, and we may use that information to improve the Service, including providing you with location-based features (e.g. for identification of EV One stations available near you). If you access the Service through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details. If you disable certain functions, you may be unable to use certain parts of the Service.
  • Cookies and Other Electronic Technologies. Like most websites, EV One uses cookies and similar technologies including web beacons, embedded scripts and e-tags (together referred to as “cookies”, unless otherwise stated) to provide users an efficient user experience in using the Website. A cookie is a small data file that is placed on your computer or mobile device by your web browser. It is a tool that stores information about website visits, recognizes you and your preferences each time you visit the Website, optimizes website functionality, and enables us to provide the Service. Some parts of the Website use cookies to track user traffic patterns.

EV One uses cookies for a variety of reasons, including to: provide you the Service you have requested, enhance our Website’s performance, or analyze how users use our Website. Our use of cookies falls into the following categories:

  • STRICTLY NECESSARY COOKIES. These are essential to enable you to move around the Website and use its features. Without these cookies, some of all Services you have requested cannot be provided.
  • PERFORMANCE COOKIES. These cookies improve how our Website works. They collect information about how users use our Website (e.g., which pages users visit most often, and if users get error messages from web pages).
  • FUNCTIONALITY COOKIES. These cookies allow us to remember what choices you make (e.g., your username, language or the region you are in) to provide enhanced, more personal features. The information these cookies collect may be anonymized.
  • ADVERTISING AND MARKETING COOKIES. These cookies are used to: send you advertising and marketing-related material tailored to you and your interests, limit the number of times you see an advertisement, and help measure advertising campaigns’ effectiveness. These cookies are usually placed by advertising networks with the website operator’s permission. These cookies remember that you have visited a website and this information is shared with other organizations like advertisers. The “interest-based” or “personalized” advertising powered in part by these cookies is usually more relevant to you, but it also generally involves the collection and use of more information about you and your browsing history. There are easy ways to opt out of most or all interest-based or personalized advertising: we describe how to do that in Section 4 titled “Online Analytics and Tailored Advertising.”
2. How We Use Information Collected

EV One may use the information we collect from or about you for the following business or commercial purposes, such as uses to:

  • Process your application to create an EV One account;
  • Provide our Service to you, including information, products, and services you request from us that enable you to access our charging stations network;
  • Process billing functions, including payment of fees; Process automatic e-inoicing;
  • Notify you of changes to our Website or Service;
  • Manage and administer your account, including to distinguish between multiple vehicles or users under a single account (if preset), and for information regarding charging sessions (e.g., duration, energy consumption, station owner and station data);
  • Manage and respond to any inquiries, correspondence, concerns or complaints you have sent to us;
  • Communicate with you regarding the Service;
  • Enable you to communicate with other users;
  • Promote and market EV One products and services;
  • Analyze use of the Service;
  • Improve any services we provide, and research or develop other products or services;
  • Keep our Service secure and operational;
  • Provide value added service, promotions, and pricing;
  • Fulfill the purposes for which you provided it (such as to help you find a EV One station);
  • Maintain internal records;
  • Create or maintain aggregated, anonymized or de-identified information, which we may use and disclose without restriction;
  • Investigate, prevent, or take action regarding unlawful or harmful activities, including potential threats to physical safety, potential fraud, and violations of our Terms and Conditions; and/or
  • Safeguard our and others’ rights or property.
  • Safeguard your assets, property and rights and benefits against risks that may arise during your use of the Service (we may provide necessary information to insurance company for insurance purpose).

We may combine any of the information that we collect from you with other information, including information that we obtain from third parties, or with information derived from any other products or services we provide. For example, we may combine personal information you provide us, such as an email address, with information automatically collected about your device.

3. When We Share Your Information

We may share your information we collect as follows:

  • With our service providers and other contractors (e.g., hosting and financial/payment service providers, marketing, customer support platforms, and data storage providers; insurance company, e-invoice service provider);
  • With our affiliates;
  • With our distributors, resellers, channel partners, EV One charging station owners, or authorized third parties including third-party network providers, utilities or their respective employees, freelancers, and consultants to help us provide our Service to you;
  • With Site Hosts when you connect with a EV One station operated by a Site Host;
  • At your direction or with your consent, such as when you use our social media features to provide information to EV One users about our Service or when you direct us to share information with third parties such as utility companies;
  • In connection with the negotiation, diligence, or actual merger, acquisition or any form of sale of some or all of EV One assets or business (if happen);
  • In the unlikely event of insolvency, bankruptcy or receivership in which your information would be transferred as one of EV One’s business assets;
  • Where we are legally obligated to disclose information to the government or third parties for the purposes of criminal or fraud investigations, national security, law enforcement or other issues of public importance; and
  • Where we otherwise believe it appropriate to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions or any other legal terms governing use of the Service, and/or to protect our rights and property and the rights and property of other users.
4. Online Analytics and Tailored Advertising
  • Analytics. We may use third-party analytics services such as Google Analytics. These service providers use the technologies described in the “Information We Collect Automatically” section above to help us analyze how users use the Service, including analyzing your Website use, compiling reports on Website activity, and providing us with other services relating to Website activity and internet usage. We may also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-onfor your current web browser.
  • Tailored Advertising. We and our third-party service providers may use device identifiers and other automated technologies (including cookie identifiers on our website), along with other collected information, to deliver content or tailor ads when you are on our Service or on other devices, apps or websites. These ads may be based, for instance, on the types of websites that you visit over time, the types of apps you have on your device, or de-identified information about you and your likely interests, based on your activities off of our Service. Partners that we or others work with to do the above may track your activities over time (including across different apps or websites) by collecting information through automated means, and they may use this information, and other information they receive from us or other sources, to deliver advertisements to you. You may control and block the cookies used by the Website by modifying the settings in your browser or on your device that allow you to refuse the setting of all or some cookies. You can also adjust your settings so that your browser blocks all cookies or only cookies from third parties. You can also delete cookies that have already been placed. However, please note that if you use your browser or device settings to block all cookies you may not be able to access all or parts of our Website.
5. Security Measures

EV One has implemented administrative, physical, and technical security measures to protect your information under our control.

While EV One takes precautions against possible security breaches of its Website and Service, no website or Internet transmission is completely secure and we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We are unable to guarantee the security of your information while it is being transmitted to our Website or stored in our systems and any transmission is at your own risk.

You should take steps to keep your information safe (including your password) and to log out of your account after use. Where we have provided you, or you have chosen, a password which enables you to access certain parts of our Website, you are responsible for keeping your password confidential. You must not share these with anyone or store them in a way that may allow a third party to access them. If that happens, you agree to report it immediately to info@ev-one.vn. EV One cannot be held responsible for your failure to keep your password secure.

You should update your password periodically to help reduce the risk of unauthorized access to your account with us. When you do, you should strengthen your password with the combination of uppercase and lowercase letters, numbers, punctuation and other symbols.

6. Your Choices

You may modify certain of the information we maintain about you by accessing your account. You may unsubscribe from marketing communications from us by following the directions in those communications. Please note that where you opt out of, and unsubscribe from, receiving marketing communications, we may still send you certain communications relating to your use of the Service (e.g., service announcements, notices about new features or information on the Service, administrative messages and communications regarding your account).

7. Links to Third Party Websites and Services

This Website may contain links to third-party sites. Access to any other websites linked to the EV One Website is at the user’s own risk, and EV One is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these websites. EV One provides these links merely as a convenience and the inclusion of such links does not imply any kind of endorsement. If you provide any third-party with your information, we recommend that you review their privacy policies as EV One does not control how they collect, process and transfer your information.

8. Changes to Our Privacy Policy

We may change this Policy to reflect changes in the law, our information practices or the features of the Service. At the top of our Policy, we will indicate the date of the most recent update. If we make a material change to the Policy, you will be provided with appropriate notice in accordance with legal requirements, which may be thru email. By continuing to use the Service, you are confirming that you have read and understood the latest version of this Policy.

9. Contact Us

You can contact us by calling our hotline number (+84) 388 331 331, email at info@ev-one.vn or write to us: EV One Charging Equipment & Solutions Joint Stock Company, Attn: Legal Department, at 2F Rosana Building, 60 Nguyen Dinh Chieu street, District 1, Ho Chi Minh City.