(iii) General Terms and Conditions
(1) If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law. The invalid or unenforceable part shall be deemed to be severed from these Terms and Conditions and the validity and enforceability of any remaining provisions shall not be affected.
(2) The failure of MSPO to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
(3) The Terms and Conditions supersede any prior agreements, communications and proposals between you and Mascobel (including but not limited to any previous versions of the Terms and Conditions). In the event of any discrepancy between the Terms and Conditions and the information on Marsbu EVbnb, the Service Plan or other materials provided by Maspower from time to time, the information on Marsbu EVbnb, the Service Plan or other other Program provided by Maspower as recently available shall prevail.
(4) A force majeure event is an event beyond the reasonable control of one party and not related to its fault or negligence. Neither you nor Maspower shall be liable if any failure to perform any of its obligations under these Terms and Conditions is a direct result of a Force Majeure Event, provided that the affected party: – notify the other party immediately that a Force Majeure Event has occurred and notify the other party immediately upon the end of the Force Majeure Event; and – take reasonable steps to prevent, avoid and minimise the impact of a force majeure event. However, this clause does not apply to any liability payable by you in connection with any of the Services.
(iv) Changes to Terms or Conditions
(1) MSB reserves the right to unilaterally change any provision of the Terms and Conditions at any time with or without notice to you. Unless otherwise indicated by the Group, any changes to the Terms and Conditions will be effective when they are posted on the MSBH website. It is your responsibility to check the website at any time regarding such changes.
(2) Any new products, services, Marsbu EVbnb or features or tools added to the MSB’s website, Marsbu EVbnb or service plan are also subject to the terms and conditions.
(3) Your use of or access to the Marsbu website, Marsbu EVbnb or the Service Plan or Services following changes to the Terms and Conditions will constitute your acceptance of such changes.
(5) Products and services
(1) Prices for the Maspower Services are subject to change without notice.
(2) Maspower reserves the right to modify or discontinue any part of Maspoel’s services at any time without notice.
(3) Maspower shall not be liable to you or any third party for any modification, price change, suspension or termination of any of the Services. (4) MSB may cancel, terminate or suspend the provision of services to you at any time without notice under the following circumstances:
(a) in the event of an emergency or to provide emergency resources and other necessary services; and/or
(b) the provision or use of the Services is or becomes unlawful; and/or
(c) in Maspoel’s reasonable belief that the provision of the Services would result in death or personal injury or property damage.
(5) Maspower may restrict, cancel, terminate or suspend the provision of the Services at any time by giving notice to you under the following circumstances:
(a) you have not paid any amounts due in connection with the Services; and/or
(b) use the Services in excess of the level of fair use established by MSP from time to time or in a manner inconsistent with the Fair Use Policy or MSB’s instructions; and/or
(c) technical difficulties or the provision of services is not feasible; and/or
(d) the third party supplier no longer provides the goods or services necessary for the provision of the services to you; and/or
(e) you or any other person in connection with the use of the Services in breach of any contract entered into with you, or for any unlawful, illegal or improper purpose, or in a manner that Maspower reasonably believes is causing nuisance or inconvenience to Maspower or other customers; and/or
(f) in Maspower’s reasonable belief that suspension is necessary to: (i) comply with an order, direction, decision, guideline, guideline or similar announcement of a governmental or regulatory authority; (ii) regular maintenance, repair or upgrade of the Services or any equipment and facilities. (iii) All descriptions of services, service locations, products or product prices are subject to change at any time without notice.
(6) Any offer to provide any service on this Website, Marsbu EVbnb or Service Plan shall be void if the offer of any service on the Website, Marsbu EVbnb or Service Plan is prohibited by law.
(7) Maspower does not warrant that the quality of any of the services you purchase will meet your expectations or that any errors in the services will be corrected.
(6) Personal Data Privacy Policy and Statement
(1) We endeavour to handle your information in accordance with the prescribed standards, including but not limited to protecting your privacy and ensuring the security of your personal data in compliance with the Personal Data (Privacy) Ordinance, Chapter 486 of the Laws of Hong Kong. We may be required by law to obtain your written consent before using or providing your personal data for the purposes set out in this Privacy Statement.
(2) We may collect, use and retain various types of your personal data. In order to operate our business, including but not limited to verifying your identity to detect, prevent and deal with fraud, security or technical issues, registering, activating and administering your account with Marsbow, the Website, Marsbu EVbnb or the Service Plan, and billing and charges for our products and services, and complying with any applicable laws, rules, guidelines, rules and/or requests issued by any applicable government authorities, courts, law enforcement or relevant authorities or regulatory authorities, you may be required to provide information including but not limited to the following
Personal Data :
IP (Internet Protocol) address and/or domain name; and/or
(vii) in relation to your use of the Maspoo Account and Services
(1) You agree to provide current, complete and accurate purchase and account information for all purchases made on the Marsbu website, Marsbu EVbnb, Service Plan or otherwise.
(2) You agree to promptly update your account and other information, including but not limited to your email address, credit card number and expiration date, in order for Maspower to complete your transactions and contact you as necessary.
(3) You must pay all fees for the services, equipment and any other goods and services provided to you by MSPOW in a timely manner, without deduction or default for any reason.
(4) The services (including but not limited to the toll collection system) provided by Maspower have been duly licensed and certified by the Hong Kong Government or relevant agents.
(5) You must ensure that your EV and all devices connected by you or your representatives to the MSBW Equipment are technically compatible with the Equipment and that the EV and/or Device complies with and is used in accordance with any contract entered into with MSB, MSB’s instructions and any applicable legislation.
(6) You may not use or attempt to use the Services or allow any person to use the Services if:
(a) is unlawful, fraudulent, improper or unauthorised or used for immoral purposes; and/or
(b) will infringe or violate the rights or privacy of others, including without limitation any intellectual property rights; and/or
(c) will cause annoyance, inconvenience or needless anxiety to any person; and/or
(d) modify, sublicense, sell or disassemble any part of the Equipment; and/or
(e) is incompatible with the purpose of the Services; orand/or
(f) for your own business gain or that of any party (including, but not limited to, Masbolt).
(7) Regardless of whether Maspower knows or agrees, you may only use the Services to charge your designated electric vehicle and not any other electric vehicle. If there is any change in the registered registration mark of your designated electric vehicle, you must notify Maspo immediately. In the event of such an event of default, MSP may terminate or suspend the Service without prior notice.
(8) Except as otherwise provided in the contract with you, the equipment provided by Maspower is non-exchangeable.
(9) You agree to take extreme care with respect to any equipment provided to you by Maspower. In the case of equipment owned by Maspower, you must return the equipment in good working order to Maspower immediately upon termination of the Service Plan so that Maspower may access the installation address under the Service Plan within a reasonable time to remove and collect the Equipment. In the event of loss or damage to the Equipment (other than normal wear and tear), you must pay to the Equipment the cost of repair and/or replacement of the Equipment, including but not limited to any cost of the loss, replacement or non-refund of the Equipment as specified in your service plan.
(10) You must fully and effectively indemnify and continue to be fully and effectively indemnified and continue to be fully and effectively indemnified against any losses (including, without limitation, consequential losses) which you may suffer or incur as a result of or in connection with any contract entered into with you in connection with the provision of the Services, including but not limited to losses directly or indirectly resulting from:
(a) any act or omission (whether negligent or not) by you or any third party; and/or
(b) any claim made by any person in respect of the provision of the Services or the use of the Services by you or any other person (whether or not you know or consent) or any delay or failure by Maspower to provide the Services; and/or
(c) any breach by you or any third party; and/or
(d) any claim made by any person under any applicable law or masbolt’s liability under any applicable law in relation to the provision of the Services; and/or
(e) As a result of your wilful breach of any contract, Maspower must go to the car park or other parking space at or of which the installation address forms part of.
(11) By accepting the Terms and Conditions, you agree that upon the expiration of the Contract Term (as defined in the Service Plan) of the Services, the Services will automatically renew on a monthly basis (“Renewal”) and Maspower will charge you such then-current monthly fees as Maspower may determine from time to time until you give us written notice of termination at least thirty (30) days prior to the proposed termination date by completing the Termination Form. Maspower is expressly authorized to charge the credit card provided by you for the renewal period.
(viii) Copyright
(1) By accessing the Website or any of its webpages (including but not limited to Marsbu EVbnb), you unconditionally agree to the terms of this Notice, which may be amended and/or supplemented at any time without prior notice.
(2) Unless otherwise indicated, the content on the Website, Marsbu EVbnb or other materials belonging to Marspower is subject to copyright owned by Marsbu.
(3) If you intend to reproduce, publish or otherwise use any non-text content (including but not limited to photographs, images, drawings, diagrams, audio files and video files) found on the Website, Marsbu EVbnb or other materials belonging to Marsbu in any way or for any purpose, you must obtain the prior written consent of Marsbu.
(9) Legal liability
(1) In no event shall MSB, nor its employees, agents or licensors be liable for incidental, indirect, consequential, special, punitive or exemplary damages of any kind (including, but not limited to, loss of revenue or profits, loss of business or loss of data) or any claim, loss or injury arising out of errors, omissions, interruptions or other inaccuracies in the Service (including, but not limited to, breach of any warranty or other provisions of these Terms and Conditions) in connection with the Service, even if such damages, claims, The loss or injury was foreseeable or foreseeable. Any claim against Maspower must be limited to the amount (if any) paid by you for the use of the Services.
(2) In relation to governing law and jurisdiction, the terms and conditions, any separate agreement between MSP to provide services to you, and any dispute or claim arising out of or in connection with it (including but not limited to non-contractual disputes or claims) or the subject matter or composition thereof shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (“HKSAR”). You and Maspower irrevocably agree that the courts of the Hong Kong SAR shall have exclusive jurisdiction to settle any dispute or claim (including but not limited to non-contractual disputes or claims) arising out of or in connection with these Terms and Conditions, the Services or their subject matter or composition.
(10) Disclaimer of Warranties
(1) Maspower does not guarantee, represent or guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
(2) Maspower is committed to providing the Services by taking commercially reasonable standards of skill and care. You expressly agree that the Services are provided to you on an “as is” basis for your use, without any representation, warranty or condition of any kind, either express or implied. To the extent permitted by law, Maspower excludes all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
(3) The information on the Website, Marsbu EVbnb or the Program or other information provided by Marsbu at any time is provided to you on an “as is” basis without any express or implied warranty of any kind and is for general purposes only. Maspower makes no warranties, express or implied, as to the accuracy, fitness for any particular purpose or reliability, security, timeliness or freedom from computer viruses in relation to such contents. MSB will not be responsible for any errors, omissions, misstatements or misrepresentations (whether express or implied) in relation to any such information and will not accept any responsibility or liability for any loss, damage or damage arising out of or in connection with the use or misuse of or reliance on the information provided on the Website or Marsbu EVbnb or other materials or the inability to use the Website, Marsbu EVbnb or other materials.
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