1. Use of the App:

The App is designed to help you (i) locate our electric vehicle charging stations (the "Charging Stations") hosted on properties in the United Arab Emirates ("UAE"); (ii) use such Charging Stations to avail the services to charge your electric vehicles (the "Services"); and (iii) pay for the Services so availed.

The Charging Stations may be located and hosted on a third party's property. You shall observe the rules set by such third parties pertaining to their property and to the use of the Charging Stations on such properties, including but not limited to general customer or visitor conduct, parking restrictions, parking time limitations, and hours of operation. You are solely liable for any damage caused to such property and/or the Charging Stations, including in respect of any fees, penalties or loss caused by your acts or omissions that are in non-compliance with any such rules or these T&Cs.

Charge&Go grants you a limited, non-exclusive, non-transferable, and revocable license to use the App for its intended purpose subject to your compliance with the T&Cs, the Privacy Policy and other e& policies, and applicable laws and regulations in the UAE. You may not copy, modify, distribute, sell or lease any part of the App. You may not reverse engineer or attempt to extract the source code of the App. You may only access the Services through the interfaces that Charge&Go provides on the App for the purpose of locating and using the Charging Stations, and paying for your consumption, and you may not interfere or attempt to disrupt the App.

2. Account:

You will need to create an account to use the App. You shall be the sole authorized user of any account you create on the App for using the Services (the "Account"). Your action of registration constitutes your acceptance of the T&Cs and the Privacy Policy.

Individuals under the age of 18 are prohibited from registering as Users of the App or transacting or using the App. By creating an Account or using the Services, you warrant that you are at least 18 years of age and are of legal age to form a binding contract with Charge&Go. If you are using the App on behalf of a business or other entity (including an Institutional Client), by your use of the App you hereby agree to be bound by these T&Cs and the Privacy Policy.

You agree that you are responsible for all conduct and transactions that take place on or using the Account and that you shall take precautions to keep your password and other Account information secure. You must notify us immediately if you suspect any unauthorized use of your Account. Charge&Go reserves the right to terminate or restrict access to an Account or the Services and/or cancel any transaction at any time in our sole discretion.

You must provide accurate and complete data when creating your Account. You are responsible for updating your own data that may be amended at any time from the interface of the App.

2.1. Institutional Client Accounts

Where the Account is registered by an Institutional Client, the provisions of these T&Cs shall apply to both the Institutional Client and its Authorised Users, jointly and severally.

The Institutional Client warrants that it has the full legal authority to bind its Authorised Users to these T&Cs.

Notwithstanding any other provision in these T&Cs, an Institutional Client may share its Account credentials with its Authorised Users. The Institutional Client is solely responsible for managing and safeguarding its Account credentials and for ensuring that they are only shared with current Authorised Users.

The Institutional Client agrees that it is fully and unconditionally responsible and liable for all conduct, transactions, charges, damages, and any other liabilities incurred on or through its Account, regardless of whether such activity was conducted by the Institutional Client itself or by one of its Authorised Users.

Any action, omission, or breach of these T&Cs by an Authorised User shall be deemed to be an action, omission, or breach by the Institutional Client.

3. Payment:

3.1. General provisions:

You understand that availing Services at our Charging Stations will result in incurring fees in accordance with the pricing set out by Charge&Go.

Charge&Go reserves the right to establish and revise pricing, including any time or usage-based rates. Fees may vary based on location, charger type, time of use, energy consumed and as a result of changes to laws and regulations from time to time. Charge&Go may offer promotional or discounted rates or implement dynamic pricing as permitted by law.

The tariff will be listed on Charge&Go Mobile App for each Charging Station and may be updated from time to time. The fees for each session shall be clearly indicated in the App prior to the commencement of charging. By proceeding with a charging session, you agree to pay the rate displayed in the App in full.

Charge&Go will use reasonable efforts to inform you of material changes in pricing that may apply to you. All charges paid by you are final and non-refundable, unless otherwise specified in the Refunds section below or as required by law.

You can use your Account (including payment methods linked to your Account) to purchase third-party products or services, including charging sessions, accessories, and related services. In such cases, Charge&Go acts solely as a payment facilitator, and you agree to pay for all amounts invoiced for such transactions.

If you allow another person to access or use the payment service, you shall remain liable for any charges incurred. All purchases from third-party providers are subject to the third party's terms and conditions, including their refund policy.

Support for products or services purchased from third-party providers must be sought from the relevant provider. Refunds and chargebacks are only possible from the third-party provider. Charge&Go reserves the right to stop or suspend payment facilities without prior notice and to amend these payment terms of service at any time.

3.2. Tariff Structure & Fees:

The tariff for availing the Services include:

1. Charging fees, which comprises the applicable utility fee, applicable surcharge (if any), and Charge&Go’s service fees, which shall be cumulatively levied at the rate of AED 0.7 per kWh for AC chargers or AED 1.2 per kWh for DC chargers, as applicable. In the event of any modifications to the per-kWh rate for the provision of charging services as determined in accordance with the applicable regulations and/or regulatory authority, Charge&Go reserves the right, at its sole discretion, to adjust the aforementioned rates and this change will come into effect from the time that the revised rate, as specified pursuant to applicable regulations and/or regulatory authority, comes into force;
2. Over-stay fees, which are applied per extra minute (or part thereof) after a grace period of 10 minutes;
3. Service Charges (for mobile charging or battery swapping services, as and when applicable);
4. Applicable VAT.

3.3. Payment of Charges:

You must pay all applicable tariffs and charges for charging sessions, as well as any additional services or products purchased. Payment would directly be deducted from any wallet balance in your Account or through a payment link using approved payment methods linked to your Account, prior to or at the time of Service delivery.

3.4. Taxes and Fees:

All tariffs and charges are subject to applicable taxes and government fees as per UAE law.

The activation fee of the Account is AED 100. A minimum balance of AED 5 shall be maintained in the Account (the “Minimum Balance”) to keep it active and can’t be utilized towards charging the vehicle. The Minimum Balance will be refunded in case the user decides to cancel the Account in accordance with the refund policy set out in clause 7.

4. Penalty

4.1. Non-Payment:

Failure to pay outstanding charges may result in suspension or termination of access to charging services, and Charge&Go reserves the right to recover any unpaid amounts upon notice and/or through any legal means.

4.2. Improper Use or Damage:

If you cause damage to the Charging Station, including its cables and ancillary infrastructure, due to negligence, misuse, or unauthorized actions, you will be liable for repair or replacement costs for the damaged Charging Station and may also incur additional penalties to compensate Charge&Go for loss arising from business interruption (including losses of business, revenues, profits, contract, use, and/or goodwill) as determined by Charge&Go.

4.3. Over-stay Penalties:

If you leave your vehicle connected to the Charging Station beyond the allowed session duration, you may be subject to idle fees or over-stay penalties, as specified in the tariff schedule posted on the relevant Charging Station and the App.

5. Support

Charge&Go’s user customer support personnel shall provide support to the Users regarding any questions, issues or complaints in relation to the Account, the Services, and the App. You may contact us via e-mail at chargeandgo@eand.com or send a message on the App’s in-app chat.

6. Service Duration

6.1. Session Duration:

Each charging session is subject to maximum duration limits as specified by Charge&Go. You must disconnect your vehicle promptly upon completion of charging.

6.2. Subscription Plans:

Where applicable, subscription plans or packages will have defined validity periods. Unused sessions or credits may expire at the end of the validity period unless otherwise stated.

7. Refunds

7.1. Eligibility:

Refunds may be provided in cases of service failure, erroneous charges, or other circumstances as determined by Charge&Go. Requests for refunds must be submitted within seven (7) days of the transaction date.

The Minimum Balance is refundable in accordance with the process set out in Clause 7 if you decide to cancel your Account.

7.2. Processing:

Refunds will be processed to the original payment method within fourteen (14) business days, subject to verification and approval by Charge&Go.

7.3. Non-Refundable Charges:

Certain charges, such as administrative fees, penalties, or expired credits, may be non-refundable unless otherwise approved by Charge&Go management or required by law.

8. Essential Aspects

8.1. Service Availability:

Charge&Go strives to ensure availability of the Charging Stations, but does not guarantee uninterrupted access. The Charging Stations at any location are subject to availability, and these will be displayed on the App. Charge&Go does not guarantee that the Services, or any portion thereof, will function on any particular hardware or device. Services (including communication on the App) may be subject to malfunctions and delays inherent in the use of the internet and electronic communications. Scheduled maintenance or unforeseen outages may occur, and Charge&Go will provide reasonable notice where possible.

8.2. Account Security:

You are responsible for maintaining the confidentiality of your Account credentials and for all activities conducted under your Account.

9. Compliance Requirements

9.1. Regulatory Compliance:

Charge&Go and you must adhere to all relevant UAE regulations governing electric vehicle charging, consumer protection, and data privacy.

9.2. Safety Standards:

You must follow all safety instructions and guidelines provided by Charge&Go. Charge&Go reserves the right to suspend or terminate services for non-compliance with safety requirements.

9.3. Environmental Responsibility:

You must use charging services responsibly and report any incidents, hazards, or misuse to Charge&Go immediately via chargeandgo@eand.com.

9.4. Change of Address

Charge&Go will communicate with you via notifications to your Account or via your registered email. Subject to applicable terms and conditions, you may change your contact details through your Account at any time. However, the loss or delay of any mail/correspondence dispatched prior to the change shall be at your sole risk and responsibility.

9.5. Consent to communications

By providing your mobile phone number to us pursuant to the use of the App, you hereby affirmatively consent to our use of your mobile phone number for contacting you directly in order to perform the Services, including for the purposes of sending you a one-time password to allow you to access your Account or liaise with you in respect of any outstanding payments due. You also consent to Charge&Go sending you informational messages about the Services and to improve your customer experience, which may include but are not limited to sending notifications or text messages with promotional offers, service updates and reaching out for surveys regarding the quality of the Services. While you can opt out of receiving informational messages by using the unsubscribe functionality available in the App, be advised this may impact the Services provided to you.

9.6. Non-compliance

In the event of your non-compliance with clauses 9.1, 9.2, 9.3, and 10, and without prejudice to any other rights it may hold, Charge&Go reserves the right to refuse to further provide you with the Services and take appropriate measures in relation to your Account, as it sees fit.

10. Customer Responsibilities

Subject to applicable terms and conditions, you shall protect the secrecy of your password at all times and ensure it is not revealed or disclosed to any person. You are fully and solely responsible for all charges, losses, and damages arising from any use of your identification and/or password.

You shall use only your own ID and password for accessing Charge&Go’s services and may change your password from time to time to ensure security.

You shall comply with the rules appropriate for any network accessed through the service.

You agree to:

• cooperate with Charge&Go by providing such information and materials as Charge&Go may require in order to supply the Services, and ensure that such information is complete and accurate in all material respects;
• comply with the specific parking restrictions, rules and instructions at the Charging Stations, including written instructions shown at the Charging Stations;
• ensure that your vehicle is insured at all times;
• abide by all applicable laws in the United Arab Emirates in using the Services;
• inspect your vehicle within 3 days from the provision of the Services and ensure that any complaint arising from the use of the Services is raised during this timeframe;
• be responsible for the cost of repairing any damage to Charge&Go’s Charging Stations or Charge&Go’s property resulting from your use of the Services or the App. In the event that a Charging Station requires repair in Charge&Go’s reasonable discretion, Charge&Go reserves the right to facilitate payment for the reasonable cost of such repair using the payment method designated in your Account;
• not engage in reselling of the Services;
• not infringe any intellectual property rights;
• not use Charge&Go’s services for any illegal, improper, obscene, or defamatory purpose;
• not publish, post, upload, distribute, or disseminate any inappropriate, defamatory, infringing, obscene, indecent, or unlawful material;
• not upload materials or files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property;
• not violate any code of conduct or guidelines applicable for any particular service;
• not use the Services in any manner which could damage, disable, overburden, or impair any service or the network(s) connected to any service or interfere with any other party’s use and enjoyment of any services or products;
• not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any services through hacking or any other means.

In case of any breach of the above obligations or any other provision of these T&Cs, Charge&Go reserves the right to terminate the agreement between you and Charge&Go, stop all or any part of the Services, and/or deny you access to the Account immediately and reserves all other rights and remedies it may have, under these T&Cs, at law or otherwise.

10.1. Responsibilities of Institutional Clients

The obligation in this Clause 10 to not disclose a password to "any person" shall not apply to an Institutional Client disclosing the password to its designated Authorised Users.

The Institutional Client shall:

i. Implement appropriate internal policies to ensure its Authorised Users comply with all provisions of these T&Cs;

ii. Maintain an updated record of all Authorised Users with whom it has shared Account credentials;

iii. Immediately ensure that any individual who ceases to be an Authorised User (e.g., upon termination of employment) no longer has access to the Account credentials and ceases to use the Services; and

iv. Be solely responsible for any and all charges, losses, and damages arising from the use of its Account credentials, including any use by former employees or other unauthorised persons.

11. Control of Access Data

Charge&Go reserves the right to manage and control access to computer systems and data stored in its website/app.

12. Access Speed

Charge&Go does not guarantee any specific response time for website/app access to the internet.

13. Intellectual Property and Data Protection:

The App, the Services and their original content, features, functionality, design elements and any and all intellectual property rights related thereto ("Intellectual Property Rights"), are and shall remain our exclusive property. Except as expressly set forth in the T&Cs, nothing in the T&Cs grants you any right, title, or interest, implied or otherwise, in or to our Intellectual Property Rights. The use of any Intellectual Property Rights requires our prior written consent.

Data collected from you shall be treated as confidential. When registration is made, your data is collected in the form of personal information such as, but not limited to, last name, first name, address, email address and phone number (the "Personal Data"). In addition to Personal Data explicitly provided by you, information is gathered automatically from the log files when you access the App (together with the Personal Data, the "Data"). You acknowledge and agree that the collection, use and disclosure of Data shall be governed by the terms of the Privacy Policy. You allow Charge&Go to collect your precise geolocation for the purpose of providing you with the Services and improving your user experience, including by identifying Charging Stations proximate to you. You may disable your geolocation but this will impact our provision of the Services to you.

14. Indemnification:

To the fullest extent permissible by law, you shall indemnify, defend and hold harmless Charge&Go (including our Affiliates, and our and their respective directors, officers, employees, representatives and agents) from and against any liability, damage, loss or expense, including taxes, attorneys’ fees and other legal expenses incurred by Charge&Go (including all losses incurred in making or disputing any indemnity claim and/or establishing a right to be indemnified pursuant to this clause), and arising from or in connection with: (a) your use of the App, the Charging Stations, and/or the Services; (b) your actual or alleged breach of the T&Cs and/or the Privacy Policy; (c) your failure to comply with any applicable law, rule or regulation (including in respect of personal data); (d) any actual or alleged infringement or misappropriation of any Intellectual Property Right; (e) your violation of any third party’s rights and/or failure to comply with the terms of service of a third-party service provider; and/or (f) any act of fraud, misconduct, or negligence by, or on your behalf. For the purposes of these T&Cs, in case of Institutional Clients, the terms "your use", "your breach", and acts "by, or on your behalf" shall be interpreted to include any use, breach, act, or omission by the Institutional Client and its Authorised Users, employees, agents, or representatives.

15. Limitation of Liability:

In no event shall Charge&Go be liable to you, based on contract, warranty, tort or otherwise by law, for any direct, indirect, incidental, special, consequential, punitive, exemplary damages or any loss of profit, revenue, business or data, whether arising (a) out of or in connection with your use of the T&Cs, App, or Services; (b) from the unavailability, interruption, suspension or termination of the Services or the App, or from any technical and electronic faults while using or transacting through the App or (c) otherwise.

In no event shall our total liability to you arising out of or in connection with the T&Cs, the App and/or the Services for any losses arising exceed the amounts paid by you to Charge&Go hereunder for the Services in the 12-month period preceding the occurrence of the event giving rise to the claim.

Charge&Go shall not be liable for any damage, fees, penalties or loss caused by your noncompliance with any rules set by third party hosts of Charging Stations.

Charge&Go is not responsible for any linked sites or apps posted in its online services. The linked sites/apps are for your convenience only. Any access to such sites is at your own risk. Charge&Go does not control such sites or the information contained therein and is not liable for any loss or damage sustained as a result of any reliance or use of such sites or the information therein.

Charge&Go shall have no responsibility over the use of the Account and expressly disclaims any liability therefrom. Should you suspect that any unauthorized party is using your Account, you are obligated for your own security to notify Charge&Go immediately by emailing us at chargeandgo@eand.com.

16. Disclaimer of Warranties:

You acknowledge and agree that the App and the Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including, but not limited to, completeness, accuracy, reliability, suitability or availability of the App and the Services, and that the App will be error-free or uninterrupted, and Charge&Go disclaims all representations and warranties not expressly set out in these T&Cs, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement. You are responsible for ensuring the suitability of the Services for your use.

Every effort is made to keep the App up and running smoothly. However, Charge&Go assumes no liability or responsibility for:

1. any failure to maintain the constant, uninterrupted availability of the App and the Services,
2. any technical and electronic faults while using or transacting through the App and other errors, mistakes, or inaccuracies or technical issues;
3. personal injury or property damage of any nature whatsoever, resulting from your access to and use of the App and the Services; and
4. any unauthorized access to or use of our secure servers and/or any and all personal information and/ or financial information therein.

Through this App you may be able to link to other apps or websites which are not under our control. Charge&Go has no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

17. Termination

At its sole discretion, Charge&Go may modify or discontinue the App or the Services or may modify, suspend or terminate your access to the App, Account or Services, for any reason, with or without notice to you and without liability to you or any third party. In addition to suspending or terminating your access to the App, Account or Services, Charge&Go reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal or injunctive redress.

All provisions which by their nature should survive to give effect to those provisions shall survive the termination of your access to the App, Account, or Services.

18. Miscellaneous

18.1. Entire Agreement: These T&Cs and the Privacy Policy form the entire agreement between us and you. A person who is not a party to this T&Cs may not enforce any of its terms.

18.2. Severability: The provisions contained in each clause of these T&Cs shall be enforceable independently of each of the others and their validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some parts of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.

18.3. Modification: Charge&Go reserves the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the T&Cs or any of its terms with immediate effect, including: (i) for legal, regulatory, fraud and abuse prevention or security reasons; and/or (ii) to change existing features or add additional features to the App. Charge&Go will provide you with notice of any material changes, and it is your responsibility to check our website and the App periodically for changes. Your continued use of the App or the Services, following any revision to the T&Cs constitutes your complete and irrevocable acceptance of any and all such changes. If any change or modification is unacceptable to you, your only recourse is to terminate the use of the App and/or Services. Charge&Go reserves the right to discontinue the provision of Services to you, in case of your non-acceptance of revised terms and conditions.

18.4. Waiver: No waiver by us of any breach of these T&Cs by you shall be considered as a waiver of any subsequent breach of the same or any other provision.

18.5. Governing Law and Dispute Resolution: These T&Cs shall be governed by and construed in all respects in accordance with the laws of the UAE, excluding any conflict of laws, rules or principles. The Dubai courts will have exclusive jurisdiction over any claim arising from, or related to the App or the Services, although Charge&Go retains the right to bring proceedings against you for breach of these T&Cs in your country of residence or any other relevant country.

18.6. Assignment; Successors: You may not assign the T&Cs or any of your rights, duties or obligations hereunder, whether in whole or in part, without our prior written consent. Charge&Go may freely assign all of our rights, duties and/or obligations, whether in whole or in part, at our own discretion.

18.7. Notices: Charge&Go may provide any notice under the T&Cs to you by (i) posting a notice on the Account, (ii) sending a message to the email address then associated with your Account, (iii) sending a text message to the phone number then associated with your Account or (iv) by other similar means. It is your responsibility to keep your email address and phone number current. You shall send us all notices (i) by using the tools Charge&Go makes available to you on the Account (e.g., in app-chat) or (ii) to the following email address chargeandgo@eand.com.