Customer use of the RExharge Network, RExharge App and Website is at Customer own risk. RExharge services are provided on an ‘as is’ and ‘as available’ basis.
Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any service supplied by RExharge by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.
Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by the Malaysia Consumer Law or any other applicable law that cannot be excluded, restricted or modified by agreement.
Service Provider services come with guarantees that cannot be excluded under the Malaysian Consumer Law. For major failures with the service, Customer are entitled:
(a) to cancel Customer Account with Service Provider; and
(b) to a refund for the unused credit on Customer Account.
Service Provider will not be liable to Customer for any damage of any kind to your EV whatsoever, arising from a failure by Customer to exercise reasonable care or comply with the requirements of the EV manufacturer’s handbook or with Service Provider’s instructions. To the maximum extent permitted by law, you agree to hold Service Provider harmless against any liability, claims, proceedings, costs, expenses and damages which Service Provider may suffer or incur as a result of a failure by you to comply with one or more of the following: the EV manufacturer’s handbook, Service Provider’s instructions, or your obligations under any applicable laws and regulations.
Service Provider will not be liable to Customer for any loss or damage to Customer or Customer’s EV, indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with your use of the Service Provider’s Network, the App, the Website and all links to or from the Website unless, and to the extent that, such damage or loss is directly caused by:
(a) the gross negligence of Service Provider; or
(b) the fraud or wilful breach by Service Provider of any of its obligations under these Terms, provided that such loss or damage is reasonably foreseeable and is not caused by something beyond Service Provider’s control (including, for the avoidance of doubt, any act or omission of any third party, any force majeure event, any incompatibility of your EV with the EVSE, the enforcement of parking restrictions by law enforcement officials, or any breach by you of these Terms).
Subject to this clause 11, to the maximum extent permitted by law, you agree that the maximum aggregate liability of Service Provider for all proven losses, damages and claims arising out of or in connection with these Terms or a supply under these Terms, including liability for breach, in negligence or in tort or for any other common law or statutory action, is limited to the sum of MYR 3,000.