TERMS OF USE FOR ELECTRIC VEHICLE CHARGING SERVICES
Please read these Terms of Use (“Terms”) carefully. By signing these Terms or clicking "accept", you (“You”), are agreeing that you have read and understood these Terms, and to be contractually bound by these Terms. You may withdraw your consent at any time.
If you do not agree, or do not wish to provide consent to be bound by these Terms, do not click “accept”. You will therefore be unable to access our Charging Services (as defined below).
As used in these Terms, BasiGo Limited (“BasiGo” or “we”) and You may be individually referred to as a “Party” and collectively referred to as the “Parties.”
DEFINITIONS AND INTERPRETATION
Definitions
In these Terms, unless the context otherwise requires, the following words and expressions shall have the following meanings:
Account means the account created by You on the BasiGo App for accessing the Chargers provided by BasiGo.
Affiliate means an entity that, directly or indirectly, controls, is under the control of, or is under common control with BasiGo. For purposes of this definition, “control” means the direct or indirect possession of power to direct or cause the direction of the management and policies of BasiGo, whether through ownership of voting securities, by contract, or otherwise.
Authorised Identification means an official sticker or other form of identification provided by BasiGo for the display to BasiGo officials for identification of electric vehicles eligible for charging at the Charging Stations.
Authorised User(s) means either You, or a person that has the possession and control of your electric vehicle whether legally employed or contracted by You, or otherwise.
BasiGo App means a proprietary software platform developed and maintained by BasiGo which is offered to You as a mobile application, website or portal and is used by BasiGo to register You for the use of its Chargers.
Charger(s) means an electric vehicle charging gun belonging to and operated by BasiGo at various Charging Stations that supply electrical power to charge the batteries of electric vehicles.
Charging Services means the provision by BasiGo of electric vehicle charging services through the Chargers at the Charging Stations as further elaborated at Clause 2 (Scope of the Charging Services).
Charging Station means any premises notified to you by BasiGo from time to time that is equipped with Chargers [Charging Units?] available for use by You.
Confidential Information means, without limitation, all information, software, data, manuals, concepts relating to marketing methods, products, developments, business and financial affairs and trade secrets, and other information of value to a Party and not generally known, (whether or not designated as “confidential information” by any Party and whether written, oral or in electronic form) or that is evidently confidential by its nature or the nature of its disclosure.
Credentials means any information, data, or feature used to authenticate or authorise access to your Account including but not limited to your username, password or personal identification number (PIN), security codes, or biometric identifiers (such as fingerprints, facial recognition, or voice recognition).
Force Majeure Event means any act, event or condition beyond BasiGo's reasonable control including but not limited to severe or prolonged power outages, acts of God, fire, explosion, accident, floods, earthquakes, embargoes, pandemics, epidemics, war, terrorism, nuclear disasters, any law or action taken by a governmental or public authority, or other similar events.
General Notices refer to any communication related to updates, changes, or operational matters concerning the BasiGo App or the Chargers that is provided to You through the BasiGo App, email or by other means.
Intellectual Property means all types of intellectual property assets whether registrable or not including trade marks, designs, utility models, technovations, business processes, systems and/or concepts, copyright protected works, discoveries, creations, inventions, ideas, developments, innovations, know-how and any research effort relating to any of the foregoing and any additions, modifications or improvements upon any of the foregoing and any similar property in any country.
Intellectual Property Rights means any and all rights of ownership and exclusive or other use relating Intellectual Property including utility model rights, patent rights, copyright and neighbouring and related rights, moral rights, trade mark and service mark rights, rights to business names and domain names, get-up and trade dress, goodwill, passing off or unfair competition claims, industrial design rights, computer software rights, database and topography rights, the right to confidentiality of Confidential Information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
KYC means “know your customer” and is the process of verifying the identity of a Party in accordance with applicable laws and BasiGo’s internal policies, including the collection and verification of identification documents, corporate records, and other information necessary to establish a Party’s legal existence and legitimacy of its business activities.
Personal Data means any information relating to an identified or identifiable natural person.
Plan has the meaning set out in Clause 6.8;
Plan Details has the meaning set out in Clause 6.8;
Prohibited Person means any individual or organisation that is subject to sanctions in any country in the world, or is subject to any law, regulation, or other list of any government agency that prohibits or limits BasiGo from providing an Account, access to its Chargers, and access to the BasiGo App to such person or from otherwise conducting business with the person;
Sensitive Personal Data means data revealing a natural person’s race, health status, ethnic social origin, conscience, belief, genetic data, biometric data, property details, marital status, family details including names of the person’s children, parents, spouse or spouses, sex or the sexual orientation of the data subject.;
Stated Price has the meaning set out in Clause 6.2;
Third Party Service Provider means third-party service providers including financial institutions, licensed payment service providers, KYC verification service providers, contractors and agents, used by BasiGo during the course of these Terms.
Updates means any modification and or improvement made to the operation of the BasiGo App including but not limited to bug-fixes, modification on the user interface and security upgrades.
Interpretation
The following principles of interpretation shall apply to these Terms:
any reference to a section, paragraph and sub-paragraph shall, unless otherwise provided, be construed as references to the sections, paragraphs or sub-paragraph of these Terms;
any reference to any statute or statutory provision shall, save as otherwise expressed in these Terms, be construed as a reference to that statute or provision as it is amended consolidated extended or re-enacted from time to time and any orders regulations instruments or other subordinate legislation made from time to time under any statute provided that any such amendment consolidation extension or re-enactment does not have retrospective effect;
any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms;
headings are only for ease of reference and shall not affect the interpretation of these Terms;
references to a person includes a natural person, corporate or unincorporated body where context allows;
references to indemnifying any person against any circumstance includes indemnifying and keeping him harmless from all actions claims and proceedings from time to time made against that person and all loss or damage and all payments costs and expenses made or incurred by that person as a consequence of or which would not have arisen but for that circumstance;
references to “Terms” means these Terms and shall include any amendments made to these Terms and any agreement which is supplemental to these Terms;
where any obligation pursuant to these Terms is expressed to be undertaken or assumed by any Party, such obligation shall be construed as requiring the Party concerned to exercise all rights and powers of control over the affairs of any other person which that Party is able to exercise (whether directly or indirectly) in order to secure performance of that obligation; and
words importing the singular shall include the plural and vice versa.
SCOPE OF THE CHARGING SERVICES
BasiGo provides electric vehicle charging solutions, including access to the Chargers allowing You to recharge Your electric vehicle (the Charging Services). In order to gain access to the Chargers, BasiGo requires registration through the BasiGo App. These Charging Services are offered subject to the terms and conditions set forth in these Terms.
REGISTRATION AND ACCEPTANCE OF THESE TERMS
To access and use the Chargers, You must complete the registration process on the BasiGo App by providing accurate, current, and complete information, including KYC, as requested by BasiGo.
If You register on behalf of an organisation, You warrant that You have the authority to bind that organisation to these Terms.
Registration is non-transferable and must be conducted individually by each user or entity intending to access the Chargers. Unless otherwise permitted by BasiGo in writing, You will be registered and may only transact under one Account.
BasiGo may, at its sole discretion, refuse to allow any person to access the Chargers, without providing reasons. BasiGo shall bear no liability for a decision made under this clause.
By accepting these Terms, You expressly acknowledge that You have carefully read the Terms, that You have understood them and that You accept them in their entirety and without reservation.
You agree that either physically signing a copy of these Terms or checking the consent box on the BasiGo App constitutes Your acceptance of these Terms and the BasiGo Privacy Policy. You further acknowledge that electronic acceptance, including checking the consent box, has the same legal effect as a physical signature. Additionally, You consent to BasiGo providing Notices to You electronically, which will have the same legal effect as physical delivery.
AUTHORISED USERS
You must obtain BasiGo's prior written consent before an Authorised User can access and use the Chargers.
You are required to provide BasiGo with the information it requires on Authorised Users and Your electric vehicles that may be in the possession and control of Authorised Users, including any relevant details for verification and approval prior to the use of the Chargers.
You are responsible for ensuring that Authorised Users comply with these Terms and You will be liable for all activities and transactions that occur through your Account, whether initiated by you or any third party using your Credentials. You will remain liable for the acts or omissions of Authorised Users in relation to the Chargers and the BasiGo App, including any unauthorised access or use.
USE OF THE CHARGERS
Only electric vehicles belonging to You and authorised by BasiGo, following acceptance of these Terms, and bearing the Authorised Identification are permitted to use the Chargers. Electric vehicles not displaying the Authorised Identification will be denied access to the Chargers.
You are responsible for ensuring that Your electric vehicles display the Authorised Identification, that it remains visible and intact, and that it is not transferred, altered, or otherwise misused. BasiGo reserves the right to refuse access to the Chargers to any electric vehicle not bearing the Authorised Identification.
You agree to follow all applicable product, vehicle, safety, and technical documentation provided by Your electric vehicle manufacturer when using a Charger.
You may only use adapters, equipment, and connectors specified by Your electric vehicle’s manufacturer.
You may not connect the Charger to any connector that does not adhere to approved, internationally recognized charging standards as specified under the International Electrotechnical Commission (IEC) 61851, such as the Combined Charging System Type 2 (CCS-2), Chinese Domestic Standard (GB/T), North American Charging System (NACS), or Japanese Domestic Standard (CHAdeMO).
You warrant to BasiGo that You have confirmed that our Charger meets Your electric vehicle manufacturer’s specifications and requirements and You accept that You shall remain solely responsible or liable for any damage to Your electric vehicle arising as a result of Your failure to do so.
You agree to follow the instructions and adhere to any General Notices or warnings that may be displayed on or near the Chargers. These instructions, General Notices or warnings may vary from time to time and it is Your responsibility to make sure that You follow the instructions that are displayed at the time You use are using the Charger.
You agree to follow all instructions provided by BasiGo staff present at the Charging Stations. These instructions are for the safety and efficient operation of the Chargers and Charging Stations and may include, but are not limited to, guidance on proper equipment use, adherence to safety protocols, and any actions required to maintain order at the Charging Stations. Failure to follow BasiGo staff instructions may result in immediate suspension of Your access to the Chargers, and You shall be solely responsible for any damages, injuries, or losses resulting from non-compliance.
You must comply with all rules and requirements provided by BasiGo's lessors pertaining to the access to their property while at the Charging Stations. This includes but is not limited to general customer or visitor conduct, parking restrictions, parking time limitations, and hours of operation. You acknowledge and agree that You are solely responsible for any damage, fees, penalties or loss caused by Your non-compliance with any rules of such locations.
BasiGo may need to carry out maintenance or upgrades at a Charging Station. You acknowledge that BasiGo does not guarantee availability of Chargers at a particular Charging Station when undertaking such maintenance or upgrades.
PAYMENT TERMS
You agree to pay for each instance of using a Charger, at the rate determined for each such use.
The unit price for Your use of a given Charger will be the unit price indicated either on the face of the Charger, through the BasiGo App, or the posted signage next to the Charger, and applicable for the characteristics of Your charging session including the maximum charging rate required by Your electric vehicle, at the time You initiate a charging session ("Stated Price").
You shall bear the responsibility of confirming the Stated Price prior to initiating a charging session. BasiGo shall not be liable for any claim or loss arising from Your failure to review or confirm the Stated Price prior to initiating a charging session.
You acknowledge that the characteristics of your charging session, such as the actual power delivered or the duration of the session, may vary due to factors such as your electric vehicle’s battery state temperature, battery age, vehicle efficacy, vehicle usage, and power output of the Charger.
Stated Prices may be determined based on various pricing models including but not limited to a price per kilowatt-hour of energy delivered by the Charger; a price per minute of charging; and/or a price per minute for idle time (i.e. when the vehicle is connected to a Charger but not charging) or any other pricing model as may be determined by BasiGo from time to time.
All Stated Prices shown on the Charger are inclusive of value added tax and any other applicable taxes unless otherwise specified.
You agree to pay the Stated Price promptly upon receipt of the Charging Services, using the payment methods made available to You after charging (e.g. mobile money, credit or debit).
BasiGo may provide You with the option to subscribe to a payment plan, membership plan, discount plan (“Plan”), or purchase other related products and services. The applicable charges, the duration of the Plan, renewal terms, and permitted payment methods (collectively, “Plan Details”) will be specified at the time You subscribe to the Plan.
FAILURE TO PAY
If You fail to pay any amount owed under these Terms when payment is due, You shall reimburse BasiGo for the owed sum and all reasonable costs incurred in collecting past-due amounts, including but not limited to reasonable legal fees and collection agency fees. In addition, failure to make payment for any charging session will result in Your immediate blacklisting from accessing or utilising any Chargers.
If an Authorised User fails to pay any amounts owed under these Terms, You will be responsible for paying such cost and all reasonable costs incurred in collecting past-due amounts, including but not limited to reasonable legal fees and collection agency fees. You will be required to make direct payment to BasiGo to settle the unpaid amounts. Your Account will remain suspended until full payment is received.
PROVISION OF PERSONAL DATA AND KYC INFORMATION
To register and to obtain an Account for the use of the Chargers, You are required to provide accurate and complete KYC information, including but not limited to, Your full name, contact details, registration status (if relevant), location, electric vehicle information and any other information and documents requested by BasiGo for the purposes of Your registration for the use of the Chargers and the BasiGo App. You may also upload your profile picture although it is not mandatory for completing the registration process.
You agree to provide the required KYC information in relation to all Authorised Users and their vehicles, including but not limited to, full names, contact details, government-issued identification, proof of address, vehicle information and any other documentation necessary to verify their identity and eligibility to use the Chargers and the BasiGo App.
BasiGo may also require you to provide certain documentary information used to verify Personal Data including proof of address or government-issued personal identification. Failure to provide such information may result in delays or denial of Account activation or continued access to the Charging Services.
You acknowledge that BasiGo may use this KYC information to facilitate Your registration and access to the Charging Stations, and to comply with applicable legal, regulatory, and operational requirements.
You agree to provide complete and accurate information, to promptly update BasiGo about any changes to the information provided, and to ensure that the information in relation to You and any Authorised Users is accurate and current at all times.
You confirm that by accepting these Terms in the designated manner and providing the KYC information You consent to the collection, processing and use of such data by BasiGo. BasiGo will collect and process your Personal Data and Sensitive Personal Data in accordance with the BasiGo Privacy Policy and applicable data protection laws. The BasiGo Privacy Policy sets out the lawful basis for processing such data. You may withdraw your consent at any time without affecting the validity of processing carried out before withdrawal.
You may decline to provide certain Personal Data or Sensitive Personal Data but acknowledge that if you decline to provide information that is required for registration or use of specific features, we may be unable to create or maintain your Account, and you may be unable to access or use those features of the Charging Services.
VERIFICATION OF INFORMATION
BasiGo relies on the accuracy of the information provided by You when registering for the Charging Services.
We may suspend or terminate Your access to the Chargers and Your Account where the information You provided is incomplete, inaccurate, falsified or out of date.
You are aware that failure to comply with request(s) for documentation before accepting these Terms or during the use of the Chargers may result either in suspension of access to the BasiGo App and Chargers or the termination by BasiGo of the Charging Services.
SECURITY
You will keep your Account secure and not provide access to or share your Credentials with any other person or third party. You will take all reasonable steps to safeguard the privacy, confidentiality, and security of your Credentials. BasiGo shall not be liable for any third-party claim with respect to any loss that you may have incurred as a result of someone else using your Credentials or Account, either with or without your knowledge.
You are responsible for maintaining the confidentiality and security of the device which allows You to use the BasiGo App. You understand and agree that You are liable for any unauthorised use of Your device.
BasiGo may suspend access to the BasiGo App or the Chargers at any time and for any reason, in our sole and absolute discretion. Some of the reasons we may suspend access to the BasiGo App and Charging Services include:
if we believe Your device has been compromised;
if we believe that not doing so may pose a risk to you, BasiGo or any third parties;
if the KYC information is incomplete, inaccurate, or out of date;
if we believe You have violated these Terms or the law; or
if we are required to do so by law.
Where practicable, we will notify you of any suspension or restriction and the reasons for it and will reinstate your Account once the underlying issue is resolved.
CUSTOMER OBLIGATIONS AND RESPONSIBILITIES
Your obligations shall be to:
comply with all applicable terms and conditions set forth in these Terms and any additional rules or guidelines provided by BasiGo regarding the use of its Chargers and the BasiGo App;
prior to charging, check that the Charger is compatible with Your electric vehicle manufacturer’s specifications and requirements;
ensure that You comply with any instructions provided by BasiGo staff while using the Chargers, communicate respectfully and refrain from using any form of disrespectful, harassing, abusive, or hate speech or actions towards BasiGo team members, BasiGo third party contractors or other customers;
take all reasonable efforts to follow the instructions that may be displayed on or near the Chargers;
ensure that all Authorised Users accept and comply with these Terms, including any rules and guidelines applicable to the Chargers and the BasiGo App;
confirm the Stated Price prior to initiating the charging session and ensure that the Stated Price is paid promptly after charging;
provide accurate, up-to-date, and complete KYC information as requested by BasiGo, including details of any Authorised Users;
ensure that all electric vehicles using the Chargers comply with the technical and safety requirements as outlined in these Terms and those of Your electric vehicle manufacturer;
not provide access to the BasiGo App to any third parties not authorised by BasiGo;
be responsible for the acts or omissions of any Authorised Users, using the Chargers under Your Account, and ensure they comply with these Terms;
ensure compliance with any local laws, rules, and regulations governing the use of the Chargers;
respect and protect all Intellectual Property Rights of BasiGo which you may have access to by using the BasiGo App; and
use the BasiGo App solely as set forth in these Terms, only for personal use and not for commercial resale or in any manner that could damage, disable, overburden, interfere with others’ use, or impair the BasiGo App.
BASIGO OBLIGATIONS
Subject to You abiding by these Terms, BasiGo agrees to:
provide access to its Chargers, ensuring reasonable availability, subject to maintenance, technical issues, or other circumstances outside BasiGo's control;
maintain and service the Chargers to ensure their proper functionality and safety standards in accordance with applicable regulations;
ensure that the Chargers adhere to the specifications outlined in international and local standards;
where possible, notify You promptly of any planned downtime, updates, or changes affecting the Chargers;
protect Your Personal Data and KYC information in compliance with applicable data protection laws and the BasiGo Privacy Policy;
offer reasonable notice before making material amendments to these Terms or the pricing structure for the Charging Services or Plans;
take all reasonable steps to ensure that any system malfunctions to the BasiGo App are rectified in the shortest time possible; and
provide technical advice and assistance to you as may be reasonably necessary for the use of the Charging Services
CHANGES TO THE CHARGERS AND BASIGO APP
BasiGo does not guarantee to you that the Charging Services will be completely free of errors or defects or be continuously available. In addition, the Charging Services are standard and are therefore not offered solely for a given customer or to specifically meet Your needs and expectations.
BasiGo reserves the right to change, modify, update, or enhance its Chargers, including their technical specifications and compatibility requirements, to align with evolving international and local standards, technological advancements, or improvements to its service offering. You acknowledge and understand that in order to use these Chargers, Your electric vehicles must be compatible with these changes.
BasiGo reserves the right to modify, update, or enhance the BasiGo App and the technical means of access, to align with technological advancements, service improvements, or changes in operational requirements. You acknowledge and understand that in order to use the updated BasiGo App, Your software and telecommunications tools may need to be compatible with the updated version.
BasiGo will provide General Notices regarding any changes that may affect Your use of the BasiGo App or the Chargers through the BasiGo App, email, push notification, or via text or SMS to the contact information provided to BasiGo by you.
General Notices regarding legal terms, and any other important General Notices related to Your use of the BasiGo App or the Chargers will be sent to You through Your authorised email or SMS messages and are considered received twenty-four (24) hours after they are sent. You understand that You shall not be able to use the Chargers or the BasiGo App unless You consent to receive General Notices electronically. You may withdraw consent to receive General Notices electronically by requesting that BasiGo deregisters You from accessing the Charging Services.
BasiGo may send General Notices to Your mobile phone through push notifications from the BasiGo App, email, text or SMS messages to the mobile phone numbers provided to BasiGo by You. These General Notices may include alerts about Charging Services and may allow You to respond with information about Your Account. You may elect to not receive certain General Notices via text or SMS, but this may limit the use of certain Charging Services or may increase risks to You including losses caused by lost or stolen Credentials.
BasiGo may send emails or SMS messages to You in connection with use of Your Credentials (such as through multi-factor authorisation), to allow BasiGo to verify Your identity, to provide other information about Your Account and for other purposes that BasiGo may identify and that are available through Your Account.
You shall be required to maintain updated mobile device operating systems to receive General Notices correctly. You shall be responsible for all costs imposed by their respective internet or mobile service providers for sending or receiving General Notices electronically.
UPDATES TO YOUR INFORMATION
You will keep all KYC information current, complete, and accurate at all times.
At any time during Your use of the Services, BasiGo may require additional information from You to verify or validate the information provided and verify Your identity.
PROCESSING OF COMPLAINTS
Any claim related to the provision of the Charging Services must be sent by You to BasiGo's customer service by email to the following address: charging@basi-go.com.
Any claims raised in accordance with this Clause 15 shall be addressed in accordance with BasiGo's Customer Support Policy within BasiGo's operational hours.
INTELLECTUAL PROPERTY RIGHTS
BasiGo and its Affiliates are and shall remain the owners of all legal and beneficial right, title and interest in all the Intellectual Property Rights connected to or arising from the BasiGo App, the Charging Services, these Terms and all data generated or provided pursuant to these Terms.
You shall give notice to BasiGo of any Intellectual Property Rights infringement as soon as reasonably practicable on becoming aware of it.
You agree that no Intellectual Property Rights are transferred to You concerning any of the elements of the BasiGo App made available to You under these Terms and the technical documentation that may be provided by BasiGo to You.
Subject to acceptance of these Terms BasiGo grants You a personal, non-exclusive and non-transferable permission to use the Chargers and the BasiGo App for the purposes expressly permitted herein.
BasiGo does not grant any express or implied right to You or any other person with respect to the use of the BasiGo App. Accordingly, You shall not, and You shall not permit any third party to, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, reverse engineer, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use the BasiGo App in any manner not expressly permitted herein. Moreover, You shall not, nor shall You permit any third party or person to, disable, circumvent, or otherwise avoid any security device, mechanism, protocol, or procedure implemented by BasiGo for use of the Chargers and the BasiGo App.
PROHIBITED USAGE & CONDUCT
Your access to the Chargers or the BasiGo App may not be:
used for any purpose that is unlawful or prohibited by these Terms;
provided to or used for any transaction involving a Prohibited Person;
used by third parties unaffiliated with You; or
provided or used for any purpose involving illegal activities.
You agree to not:
behave in any manner that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable at a BasiGo Charging Station;
cause nuisance, annoyance, inconvenience, or property damage at a BasiGo Charging Station or to the Chargers or to the BasiGo staff or its customers. In certain instances, You may be asked to provide proof of identity to access or use the Chargers, and You agree that You may be denied access to or use of the Chargers if You refuse to provide proof of identity;
interfere with or disrupt the Chargers or BasiGo staff, or disobey any requirements, procedures, policies or regulations in relation to the Chargers; or
intentionally or unintentionally violate any applicable local, or international law, including, but not limited to, the Data Protection Act of 2019 and its regulations; the Energy Act of 2019 and its regulations, the Traffic Act Cap 403, the Environmental Management and Co-ordination Act of 1999 and the Climate Change Act of 2016.
BasiGo will not approve and may terminate Your access to the Chargers and the BasiGo App should it be made aware or it believes that You are engaged in any illegal activities or otherwise do not comply with these restrictions.
You agree to pay all fines assessed against BasiGo for Your violation of the restrictions and requirements of this section or any use of the Charging Services in connection with any illegal activities.
CONSENT TO COLLECTION, USE AND PROCESSING OF DATA
BasiGo processes Personal Data in accordance with the BasiGo Privacy Policy. You acknowledge, understand, and agree that such collection, processing, and sharing of Personal Data and Sensitive Personal Data is to facilitate access to the Chargers in accordance with these Terms and the BasiGo Privacy Policy.
You consent to the access and processing of Personal Data and Sensitive Personal Data collected in connection with gaining access to the Chargers, and acknowledge and agree that BasiGo and its Third Party Service Providers may use such data for purposes of generating anonymous, aggregated, statistical models and compilations, trend analyses, program performance analyses, benchmarking, the development of case studies and for internal business purposes so long as such data is not publicly attributable to and no reference is made to you, and that such data may be otherwise used by BasiGo and its Third Party Service Providers in accordance with these Terms and the BasiGo Privacy Policy.
Each Party shall comply with all the obligations that apply to it under the Data Protection Act, 2019 and the regulations made thereunder.
SUSPENSION
BasiGo may, with reasonable notice where practicable, suspend Your access to the Chargers wholly or partially for any valid reason, including without limitation, where:
You breach these Terms;
the Chargers are used in a manner contrary to the representations made to BasiGo by You or in a manner inconsistent with these Terms or the conditions of any approval granted to you;
investigations on You are contemplated or ongoing and BasiGo reasonably believes that suspension of access to the Chargers is likely to facilitate the investigations; or
any approval granted allowing You to access the Chargers is subsequently revoked or expires.
In the event of suspension, BasiGo shall give You reasonable notice to remedy the cause of the suspension failure to which BasiGo shall be at liberty to terminate these Terms.
Upon conclusion of investigations, BasiGo may either reinstate Your access to the Chargers or terminate Your access to the Chargers.
TERMINATION
These Terms come into effect from the date You check a consent box on the BasiGo App upon being registered for an Account.
These Terms shall cease to have effect on You in the following circumstances:
when You opt to deregister from accessing the Chargers and the BasiGo App; or
upon closure of your Account by BasiGo if You materially breach these Terms and fail to cure such breach within thirty (30) days after notice of said breach.
For the purposes of paragraph 20.2.2 material breach means a breach that is serious and has an effect, substantial or otherwise, on Your access and use of the Chargers in the reasonable opinion of BasiGo.
BasiGo may, by notice to you, discontinue the BasiGo App and Your access to the Chargers. The expiration or termination of Your access to the Chargers shall be without prejudice to all accrued rights and obligations of the Parties under these Terms and to all obligations under these Terms expressed to continue or take effect after expiration or termination. This paragraph shall survive the termination of Your access to the Chargers.
AMENDMENT OF THESE TERMS
BasiGo reserves the right to at any time to amend all or part of these Terms.
Any notice of amendment of these Terms will be sent by BasiGo to you, on the BasiGo App and/or by email or SMS, no later than five (5) working days before the date proposed for its entry into force. You shall be deemed to have accepted the amendment if You have not notified BasiGo before the proposed effective date of this amendment, that You have not accepted them.
If a change is not acceptable to You, You can terminate Your access to the Chargers by requesting that BasiGo removes You from its list of registered users of the Chargers and the BasiGo App. Continued use of the Charging Services after the effective date shall constitute your acceptance of the amended Terms.
BasiGo may not under any circumstances be held liable for any damage, in any respect whatsoever, in connection with the modification of the Terms if You refrain from terminating Your access to the Chargers and continue to use the Chargers after the effective date of the modifications.
WARRANTIES AND REPRESENTATIONS
By registering for access to the Chargers, then You represent and warrant that:
You have the capacity and authority to enter into these Terms and to fully perform its obligations hereunder;
if You are a corporate entity, Your company is duly incorporated, organised, and validly existing under the laws of its jurisdiction, and that You have the requisite authority to enter into these Terms on behalf of the company and to ensure the company fully performs its obligations hereunder;
these Terms do not and will not conflict with any of Your obligations to any third parties;
You comply and will comply with all applicable laws and regulations;
You are not engaged in any illegal activities;
You are not a Prohibited Person;
all information You provide to us is and will be current, accurate, and complete; and
You have reviewed these Terms, the BasiGo Privacy Policy and any other policies that may be notified to by BasiGo to You from time to time.
LIMITATION OF LIABILITY AND INDEMNITY
You acknowledge that BasiGo is only responsible for providing the Charging Services. BasiGo is not responsible for any risk, damage or loss to You arising from or related to the Charging Services.
In no event shall BasiGo be liable for any direct, indirect, punitive, incidental, special, or consequential damages or for any damages whatsoever, whether based on contract, tort, negligence, strict liability or otherwise, even if BasiGo has been advised of the possibility thereof.
Notwithstanding anything to the contrary of these Terms, and except to the extent required by law, BasiGo's total liability for any reason whatsoever related to the Charging Services or the use of Chargers shall not exceed the amount paid by You to BasiGo during the one (1) month period preceding the date of the claim.
The limitations and disclaimer in this Clause 23 do not purport to limit liability or alter Your rights as a consumer that cannot be excluded under applicable law.
You shall indemnify, defend, and hold harmless BasiGo and its Affiliates, directors, officers, employees, agents, and assigns (collectively, the 'Indemnitees') against any losses, liabilities, damages, fines, costs (including reasonable attorneys’ fees), or expenses arising from third-party claims attributable to:
Your negligence, recklessness, or failure in using the Charging Services;
any violation of law, including data protection laws;
breach of these Terms; or
fraudulent or unauthorised use of the BasiGo App.
This indemnity includes paying judgments, settlements, and litigation costs and shall survive the termination of these Terms.
BasiGo and its Third-Party Service Providers provide their respective services “as is.” BasiGo and its Third-Party Service Providers disclaim any and all promises, representations, and warranties, express or implied, with respect to these Terms and any other data, information, or other material furnished to you hereunder and warranties of non-infringement, title, customer ability, or fitness for a particular purpose or use.
CONFIDENTIALITY OBLIGATIONS
Neither party shall disclose to any person any Confidential Information, except as permitted by clause 24.2.
BasiGo may disclose Your Confidential Information:
to Third Party Service Providers and You hereby consent to such disclosure consent;
to its employees, officers, agents, consultants or subcontractors (“Representatives”) who need to know this information for the purposes of exercising its rights or carrying out its obligations under or in connection with these Terms, provided that BasiGo shall take reasonable steps to ensure that its Representatives comply with the confidentiality obligations contained in these Terms.
as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
BasiGo reserves all rights in its Confidential Information. No rights in respect of BasiGo's Confidential Information are granted to You or to be implied from these Terms. In particular, no licence is hereby granted directly or indirectly under any patent, invention, discovery, copyright or other intellectual property right held, made, obtained or licensable by BasiGo now or in the future.
FORCE MAJEURE
Where BasiGo is prevented, hindered or delayed in performing any of its obligations under these Terms by a Force Majeure Event, BasiGo shall not be in breach of these Terms or otherwise liable for any such failure or delay in the performance of its obligations.
As soon and reasonably practicable after the start of a Force Majeure Event BasiGo shall:
notify You of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under these Terms; and
use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.
Upon notification of the Force Majeure Event, BasiGo shall suspend the performance of these Terms until the Force Majeure Event ceases.
BasiGo may terminate Your access to the Chargers in the event that the Force Majeure Event lasts for more than ninety (90) days from the date of notification.
NOTICES
All notices or other communications to be given under these Terms shall be sent by e-mail transmission or through the BasiGo App (save as otherwise stated).
Any notice or communication given under these Terms shall, in the absence of earlier receipt, be deemed to have been duly given as follows:
in the case of e-mail, when a delivery-receipt has been received by the sender in respect of the email address notified or an acknowledgement of the e-mail by the recipient sent to the sender; or
in the case of a notification through the BasiGo App, when a delivery-receipt has been received by the sender in respect of the Account notified or an acknowledgement of the notification by the recipient sent to the sender.
The addresses referred to in this clause are:
in the case of a notice given to BasiGo:Email: customersupport@basi-go.com
in the case of a notice given to You:
the address provided by you when registering for these Services or as updated from time to time.
If, in accordance with the above provisions, any such notice or other communication would otherwise be deemed to be given or made outside normal working hours in the place of service of the notice or other communication it shall be deemed to be given or made at the start of normal working hours on the next usual working day.
GENERAL
Nothing in these Terms is intended to or shall be deemed to establish any partnership or joint venture between any of the Parties, constitute any Party as an agent for the other Party or authorise any Party to make or enter into any commitments for or on behalf of any other Party.
You shall not be at liberty to assign, delegate, sub-contract or otherwise transfer any or all of Your rights and obligations under these Terms without the consent of BasiGo. BasiGo shall be entitled to assign these Terms to any party and shall provide You with written notice to this effect.
These Terms (together with any documents referred to in these Terms) constitutes the whole agreement between the Parties relating to the matters contemplated herein and no Party has relied on any representation made by any other party which is not a term of these Terms.
No agent or representative of any Party has authority to make, and the Parties shall not be bound by or be liable for, any statement, representation, promise or terms not set forth herein.
Failure by any of the Parties to exercise any rights under these Terms in any one or more instances will not constitute a waiver of such rights in any other instance. A waiver by any of the Parties of any default under these Terms will not be deemed a waiver of any other default.
If any provision of these Terms shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the other provisions of these Terms shall not be affected and the legality, validity and enforceability of the whole of these Terms in any other jurisdiction shall not be affected.
Any action required or permitted to be taken, and any document required or permitted to be executed, under these Terms by any party may be taken or executed by the authorised representatives of such Party.
DISPUTE RESOLUTION
Each Party shall settle amicably any dispute arising out of or in connection with these Terms or in its validity, interpretation, or termination by appointing a representative with decision-making authority to negotiate a resolution.
Save as herein otherwise specifically provided, any dispute (including as to the interpretation, validity, enforceability or termination of these Terms) between the Parties as to matters arising under or pursuant to these Terms as aforesaid which cannot be settled amicably thirty (30) days after receipt by one Party at the other Party’s request for such amicable settlement may be referred to the exclusive jurisdiction of the courts of the Republic of Kenya.
Notwithstanding the above provisions of this clause, a Party is entitled to seek preliminary injunctive relief or interim or conservatory measures from any court of competent jurisdiction pending the final resolution of the matter.
GOVERNING LAW
These Terms and any dispute or claim, including non-contractual disputes or claims arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of Kenya.