Zung Fu Charge General Terms and Conditions of Use

Please read these terms and conditions of use carefully before using the charging services (the “Services”). By accessing or using the Services and the electric vehicle (“EV”) charging station (including the chargers and payment kiosk) (“Zung Fu Charging Station”) , you confirm that you have read, understood and agreed to be bound by these Terms and Conditions of Use and any other applicable law. If you do not agree to these Terms and Conditions of Use, please do not access or use the Services Zung Fu Charging Station or any functionality thereof.

Owner and Operator Information
1. For the purpose of these Terms and Conditions of Use, any reference to “Zung Fu”, “we” or “us” may be a reference to Zung Fu Company Limited, or the relevant member of the Zung Fu Group. For the purpose of these Terms and Conditions of Use, “Zung Fu Group” includes, without limitation, all companies which are subsidiaries or holding companies (whether direct or indirect) of Zung Fu Company Limited, and companies which are subsidiaries of any holding companies (whether direct or indirect) of Zung Fu Company Limited.Owner and Operator InformationFor the purpose of these Terms and Conditions of Use, any reference to “Zung Fu”, “we” or “us” may be a reference to Zung Fu Company Limited, or the relevant member of the Zung Fu Group. For the purpose of these Terms and Conditions of Use, “Zung Fu Group” includes, without limitation, all companies which are subsidiaries or holding companies (whether direct or indirect) of Zung Fu Company Limited, and companies which are subsidiaries of any holding companies (whether direct or indirect) of Zung Fu Company Limited.
User Restrictions and Access
1. The Zung Fu Charging Station is intended for motorists only and may not be used by any person who is not legally entitled to drive a motor vehicle. It should not under any circumstances be accessed or used whilst driving.
Charging Services
1. The Zung Fu Charging Station is provided by Zung Fu for EV(s) which are properly licensed and certified by the Government of the Hong Kong Special Administrative Region or its duly authorised agents.
2. Users undertake to comply fully with the User Guide (as displayed in the Zung Fu Charging Station) during the operation at the Zung Fu Charging Station.
3. Users are solely responsible to ensure that the charging is carried out safely, and to avoid any injury to any person or damage to property. In particular, users must ensure that:
  1. the EV is in good and safe condition and suitable for use with the Zung Fu Charging Station;
  2. the charging cable has been safely plugged into the EV charging port before charging;
  3. the charging cable has been disconnected from the EV charging port before driving off.
4. The Zung Fu Charging Station can only be used by EVs with Type 2 and/or CCS2 charging plug.
5. Only EVs can be parked at the designated EV parking spaces. Car park property management office reserves the right to impound, tow or remove any vehicle parked at the designated EV parking space including but not limited to EVs that completed charging session(s) and/or stopped charging or other non-EV vehicles that occupies the EV parking spaces.
6. You shall indemnify, defend and hold harmless Zung Fu, its affiliates and their respective officers, directors, employees, agents, licensors and suppliers from all claims, losses, liabilities, expenses, damages and costs, including without limitation, legal costs suffered or incurred by any of them arising out of or in connection with your incorrect or unreasonable use of the Zung Fu Charging Station.
7. Zung Fu shall not be liable for any injury or death of any person or loss or damage to any motor vehicle or any of its accessories, fixtures, fittings or contents (whether such injury or death, or destruction or damage (as the case may be) is caused by the negligence, omission, default or act of Zung Fu or any other party otherwise) at any time whilst such motor vehicle is in use of and/or after the use of the Zung Fu Charging Station and/or the Services.
8. The actual charging power and charging speed may vary depending on various factors such as the model of the EV, the supported voltage/current/power of the EV, the configuration of the EV, the battery settings, and the state of the EV’s battery. Users should stop using the Zung Fu Charging Station and the Services immediately if any defect/malfunctioning of the Zung Fu Charging Station is noticed. Zung Fu assumes no undertakings, warranties, representations or guarantees to the quality, standard and function of the Zung Fu Charging Station or the Services provided. Zung Fu shall not accept any legal responsibility for any death, personal injuries and property damages, and Zung Fu shall not be liable for any direct, indirect or consequential losses, caused by or arising from the use of the Zung Fu Charging Station or the Services. Upon choosing to use the Zung Fu Charging Station, users understand that they are responsible for all the risks and liability caused by or arising from its usage and shall not seek to claim any compensation from Zung Fu.
9. Users agree that Zung Fu shall be entitled, at any time without prior notice, to restrict the use of the Zung Fu Charging Station or the provision of the Services.
10. The Services is charged on a per kWh basis. Each charging session is available in 15-minute increments, with a minimum duration of 15 minutes and maximum duration of 60 minutes for DC charging and 120 minutes for AC charging per session. No refund will be made on any early cancellations of the Services. The charging time and fee as indicated in the payment Kiosk after the charge should be regarded as final and conclusive, prevailing over any other information. In the event that any losses occur due to technical issues or any other abnormal circumstances that prevent the system from completing charging transactions, Zung Fu shall not bear any responsibility.
11. If the charging cable has not been disconnected and the EV parking space vacated within 5 minutes after the charging session (“Time Limit”), users will be charged an idle fee of HK$5 per minute, capped at 30 minutes. Any period after the expiration of the Time Limit which is less than a full minute shall be deemed as one minute.
12. Zung Fu reserves the absolute right to change or amend these Terms and Conditions of Use from time to time without any prior notice. In the event of a dispute, Zung Fu reserves the absolute right of final decision on the interpretation of these Terms and Conditions of Use.
Indemnification
1. You agree to indemnify, defend and hold harmless Zung Fu, its affiliates, officers, directors, employees, agents, licensors, suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs suffered or incurred by them arising out of or in connection with any violation by you of these Terms and Conditions of Use, any law or the rights of any third party.
Data Protection and Privacy Policy
1. Personal details and other information relating to you provided to Zung Fu will only be used in accordance with our Privacy Policy which can be found at (https://www.zungfu.com/en/privacy-statement.html). Please read this carefully before continuing.
2. Your mobile number will be collected to enable us to send you an SMS reminder when your charging session is about to end. Your car plate number will be collected to verify your customer status with Zung Fu.
Disclaimer and Liability
1. You are responsible for the accuracy of the information that you enter or submit. While Zung Fu does its best to ensure that any information provided as part of the charging facilities (including the chargers and payment kiosk) is correct at the time of inclusion on the charging facilities (including the chargers and payment kiosk), Zung Fu cannot guarantee the accuracy of such information.
2. To the fullest extent permitted by law, Zung Fu disclaims all warranties, express or implied, regarding the provision of the Services or the usage of the Zung Fu Charging Station. You understand and agree that you use the Services and the Zung Fu Charging Station at your own risk and that you are solely responsible for your use and for any damage to the vehicle through which you access the Zung Fu Charging Station, loss of data or any other harm of any kind which may result from accessing or using the Services and the Zung Fu Charging Station.
3. To the fullest extent permitted by law, Zung Fu shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with either your use of the Services and the Zung Fu Charging Station, or for your reliance on any information or advice contained in the payment kiosk for:
  1. loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;
  2. losses caused by business interruption;
  3. loss of goodwill or reputation;
  4. loss or corruption of data, information or software; or
  5. any indirect, special or consequential cost, expense, loss or damage suffered by you in connection with your use of the Services, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or Zung Fu.
4. Nothing in these Terms and Conditions of Use shall limit or exclude Zung Fu’s liability for death or personal injury caused by Zung Fu’s negligence or for fraud or fraudulent misrepresentation.
Transfer of Rights
1. Zung Fu may, at its sole and absolute discretion, transfer its rights and obligations under these Terms and Conditions of Use to any affiliate of Zung Fu. Any such transfer will not affect your rights or obligations under these Terms and Conditions of Use.
Complaints Procedure
1. If you have a question or complaint, please email [email protected].
Severance
1. Each of the Clauses or sub-clauses of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses or sub-clauses will remain in full force and effect.
Termination
1. Zung Fu reserves the right in its sole discretion to terminate your access to any functionalities under the Services or restrict your use of all or any part of the Zung Fu Charging Station, for any or no reason, without notice and without liability to you or anyone else.
2. These Terms and Conditions of Use remain in effect after your access to the Zung Fu Charging Station is terminated.
Jurisdiction
1. These Terms and Conditions of Use are governed by and to be interpreted in accordance with the laws of Hong Kong and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the charging service the courts of Hong Kong will have exclusive jurisdiction over such dispute.