EBOOST Terms & Policies:

Privacy Policy:

We respect your privacy and are committed to protecting your personal data in line with applicable laws and industry standards and practices. This Privacy Policy (“Policy”) sets out how we collect, use, store, disclose and protect personal data, that we may collect from you or which you may provide to us through EBOOST application.
In accessing and using our EBOOST application or by providing us with your personal data, you agree and accept the terms of this Policy and consent to our collection, use and disclosure of your personal data in accordance with this Policy. If you do not accept this Policy, please immediately cease your access and use of EBOOST and do not provide any personal data to us.
Unless otherwise defined in this Policy, terms used herein will have the same meaning with those defined in the Terms of Use.

1. WHAT PERSONAL DATA IS COLLECTED
Your provision of personal data to us is voluntary. If you choose not to provide us with your personal data, it may not be possible for us to provide you with access to EBOOST or its Services that you require.
“Personal data” is data that can be used to identify a natural person. In the course of your access and use of EBOOST and its Services, we collect personal data such as:
your name, telephone number, e-mail address and other related information;
your financial information for payment gateway partners licensed by State bank of Vietnam (e.g. credit card numbers and bank account information);
personal data of other individuals (e.g. if you use our services to share content with other individuals, or invite them to use EBOOST or services); and
other information that we are required or authorized to collect under any applicable law to authenticate or identify you, or to verify any data that you have provided.
Automated collection:
In the course of your access and use of EBOOST and Services, certain personal data is automatically collected from you or through the device you use to access EBOOST and Services, including:
transactional information based on your activities with us (e.g. services you purchased);
some battery, electric motorbike or related information to our EBOOST application;
We may also collect personal data and information from you when you submit an enquiry, feedback or email through our websites or other communication channels.
If you provide or allow the collection of personal data of anyone other than yourself, you warrant that you have informed him/her of the purposes for which we require his/her personal data and that he/she has consented to your disclosure of his/her personal data to us for those purposes.

2. HOW WE USE PERSONAL DATA COLLECTED
We collect and use the personal data received from you for the purposes listed below and any other related or associated purposes.
Service-related purposes.
We collect and use your personal data for the purposes of serving you, such as:
providing you with the Services that you have requested for;
authenticating, operating and maintaining your user account;
to invite you in providing, improving and promoting EBOOST and Services and content;
to provide you with personalized services based on how you access and use EBOOST and Services;
to develop, conduct research about and market our products and Services. This includes collecting data relating to your use of EBOOST and Services to offer you personalized electronic content and electronic marketing material pertaining to our products and Services.
to send you important notices and announcements such as services-related information, modification to terms, rules and software upgrading; and
to respond to your feedback
In connection with the above, we may disclose, transfer and jointly use your personal data to and with our affiliated companies. In addition, we may disclose your personal data to third parties, such as our other service providers or related businesses and service providers.
If we use or disclose your personal data for a purpose (“secondary purpose”) other the main reason for which it was originally collected (“primary purpose”), to the extent required by law, we will ensure that:
The secondary purpose is related to the primary purpose of collection and you would reasonably expect that we would use or disclose your information in that way; or
You have consented to the use or disclosure of your personal information for the secondary purpose; or
The use or disclosure is required or authorized by or under law; or
The use or disclosure is otherwise permitted by law (for example, as a necessary part of an investigation of suspected unlawful activity).
If we receive unsolicited personal data that we could not have collected in accordance with this Privacy Policy and all applicable legislation, then that personal data will be destroyed or de-identified as soon as practicable.
Business purposes
We may also collect and use your personal data for purposes connected or relevant to our business, such as:
complying with our legal obligations and requirements;
enforcing obligations owed to us, and contractual terms and conditions;
accounting, risk management and record keeping;
carrying out research, planning and statistical analysis;
to prevent, detect, process and investigate fraudulent or other illegal activities, or mitigate the risk of occurrence of the aforementioned events;
staff training; and
any other reasonable purposes related to the aforesaid.
Additional purposes.
If you have consented, we may collect and use your personal data for additional purposes such as:
inviting you to promote EBOOST and Services on social media platforms;
informing you of our latest activities, special offers and promotions;
informing you of other third party products and/or Services that you may be interested in;
inviting you to participate in polls and questionnaire surveys that may be conducted by us and/or third parties; and
publicizing your feedback about us and/or our services on our marketing materials (including but not limited to newspapers, social media channels, etc.).
Contacting you.
When using your personal data to contact you for the above purposes, we may contact you via regular mail, e-mail, SMS, telephone, push notifications (on your devices) or other means. You may determine the type and manner of information that you will receive from us by adjusting your communication preferences on EBOOST or your device.

3. DISCLOSURE OF PERSONAL DATA
Disclosure to third parties.
We may disclose your personal data to our related entities, affiliates, partners, contractors and associates for the purposes set out in Clause 2 above.
Disclosure to service providers.
We may disclose your personal data with third parties such as:
our service providers and data processors that provide services to us (e.g. accounting, hosting and maintenance services, data analytics services, e-mail message services, delivery services, payment transactions services, marketing, etc.); and
our consultants and professional advisors (e.g. accountants, lawyers, auditors).
Disclosure for corporate transactions.
We and our affiliates may be engaged in business asset transactions e.g. mergers, acquisitions and transfer of assets. In such circumstances, we may transfer and/or disclose your personal data to facilitate the completion of the transactions.
Other permitted disclosure.
We may disclose your personal data as required or permitted by law, e.g. to regulatory authorities, statutory bodies or public agencies to comply with their requirements, policies and directives.

4. TRANSFER OF PERSONAL DATA OUT OF RESIDENCE COUNTRY
You agree and consent to our transfer of your personal data to any location outside of the country where you reside for the purposes set out above.
If we transfer your personal data to a country or territory outside of the country where you reside, we will ensure that the recipient is obligated to protect your personal data at a standard of protection comparable to the protection under the laws and regulations of the country where you reside, by ensuring that the recipient is either in a jurisdiction with comparable data privacy laws or is legally bound to protect your personal data.

5. RETENTION AND PROTECTION OF PERSONAL DATA
We will retain your personal data for so long as we need the personal data for our business and legal purposes. We will dispose of or delete such information if it is no longer necessary for us to retain your personal data.
We will take reasonable precautions to safeguard your personal data to prevent the loss, improper use, or unauthorized disclosure of your personal data. However, we cannot be held responsible for any safety or security breach (e.g. hacking) that is beyond our control.

6. YOUR RIGHTS
You may:
Access your personal data through your user account;
Make corrections to your personal data through your user account;
Right of cancellation or erasure: you could request us to delete your personal data by simply send an email to support@eboost.vn;
We may charge you a fee for responding to your requests for access to your personal data or information about the ways in which we have (or may have) used your personal data. If a fee is to be charged, we will inform you of the amount beforehand and will respond to your request once payment is received.

7. CHANGES TO POLICY
We may update and amend this Policy from time to time. The updated Policy will take effect immediately when it is published on our EBOOST application. The updated Policy will supersede earlier versions of our privacy policy and will apply to personal data provided to us previously. If you do not agree with our updated Policy, please immediately cease your access and use of EBOOST and services. You are deemed to have accepted the updated Policy if you continue to access and use EBOOST and services after the updated Policy takes effect.

8. CONTACT US
If you have any concerns on how we handle your personal data, wish to make any requests in relation to your personal data, or have any queries in relation to this Policy, please contact us at support@eboost.vn.

Copyright © 2022 EVIDA

Công ty TNHH EVIDA
Lầu 1, 170-170Bis Bùi Thị Xuân, Phường Phạm Ngũ Lão, Quận 1, Thành phố Hồ Chí Minh, Việt Nam
Số điện thoại (Hotline): 0868108011 / E-Mail: support@eboost.vn
Mã số doanh nghiệp: 0315616360 do Sở Kế hoạch và Đầu tư TP. Hồ Chí Minh cấp lần đầu ngày 08/04/2019.

 

Terms: 

This Agreement creates binding legal obligations on all EBOOST users. If you do not agree to any of the terms of this Agreement, please do not access EBOOST Power Network, use any services offered through this application or register an account for such services. You acknowledge that you have carefully read and understood the terms of this Agreement.

INTRODUCTION / PURPOSE
EBOOST offers charging services for electric motorbikes, bicycles or scooters through primary mobile applications (including on iOS, Android) (collectively known as “EBOOST”). In accessing EBOOST and using the Services provided through EBOOST, you agree to accept the terms of this Agreement.
EBOOST’s services aim to provide battery charging solutions through unparalleled convenience, extremely low costs and a many usage benefits.
If you have any questions regarding any aspect of this Agreement or our Services, kindly contact our Customer Service Staff at support@eboost.vn.
The clause and paragraph headings of this Agreement have been inserted for ease of reference and do not affect or limit the construction or interpretation of the terms of this Agreement.

SCOPE

Contracting Parties
This Agreement is entered into between you and the operator of EBOOST in the country where you are enjoying the services offered through EBOOST.
The Services offered through EBOOST are currently available in Vietnam. If you are not a resident of or are located in Vietnam, the Services are not available to you.
We, EVIDA Company Limited, are the current operator of EBOOST and its Services in Vietnam. All references to this Agreement to “we”, “us”, “our”, or “EBOOST”, is a reference to EVIDA Company Limited. We shall notify you through any posting or notifications on our news or EBOOST application of any transfer or assignment of our rights and duties under this Agreement to any third party we deem fit. Once transferred or assigned, your relationship will be with the assignee or transferor and not with us.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to EBOOST or its Services. It is your responsibility to check our App periodically for changes. Your continued use of or access to EBOOST or its Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes

Additional Terms, Usage Rules and Privacy Policy

3. USER REGISTRATION

User Qualification
You represent and warrant that if you are registering for the Services as an individual, you are at least 13 years old, and if you are 18 years old or older, that you are fully capable and competent to enter into and to comply with these Terms, or if you are between 13 and 18 years old, that you have permission of a legal parent or guardian who has agreed to assume fully your obligations under these Terms as if such obligations are owed by the said parent or guardian. If you are registering for the Services for and on behalf on an entity that is not a natural person, you represent and warrant that you are authorized to enter into this agreement and bind the entity to these Terms. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity.
Your access and use of the Services shall be at your own discretion and risk, and you shall be solely responsible for safeguarding and maintaining the confidentiality of your User Account, as defined below, including your username and password and all activities in connection with or that occur on or through your User Account, as defined below.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
While using EBOOST, you must not transmit including but not limited to, any worms, viruses and/or any code of a destructive nature.
A breach or violation of any of the Terms of Use will result in an immediate termination of the Services without further reference to you. We reserve the right, at our sole discretion, to refuse service to anyone for any or for no reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please note that credit card information is always encrypted during transfer over networks.
User Account
To access EBOOST, and/or its Services, you will be required to register for an account with us (“User Account”)
Management of Personal Information
Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by updating your information under My Account.

4. ACCOUNT SECURITY

It is your responsibility to safeguard and maintain the confidentiality of your Login ID and Password. You agree you are solely responsible for safeguarding and maintaining the confidentiality of your Login ID and Password.
You agree not to share or permit others to use your Account or Password, or assign or transfer your Account to any other person or entity.
You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your User Account.
All activities conducted through your User Account (including but not limited to the use of the EBOOST service, etc.) is deemed to be conducted by you. You are responsible for all activities conducted through your User Account regardless of whether such activities are carried out with your consent or knowledge or otherwise.
We have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account.
You must notify us immediately at support@eboost.vn if you suspect or are aware of any unauthorized access to or use of your User Account. You acknowledge and agree that a reasonable amount of time is required for us to investigate and take any action relating to your notifications. Until our investigations are complete, you continue to be responsible for all activities conducted through your User Account.
Protecting personal information of our customers is important to us. Personal information of other users may be disclosed or made available to you by other users through EBOOST. You agree that you will keep confidential and will only disclose or use such information for the purposes for which such information was disclosed to you.

5. OWNERSHIP OF INTELLECTUAL PROPERTY

All rights, title and interest in and to EBOOST and/or its Services, including all content pursuant to the Services remains and/or shall be the copyright or intellectual property of either us or third parties providing the data (“Data Providers”) (as the case may be).
You may not use EBOOST and/or its Services, including all content, for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else unless with our express written consent.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Service and/or App unless our express written consent is granted.

6. APPLICATIONS

You may access and use EBOOST by downloading, installing and using our applications (including any independent software products, mobile applications or browser plug-ins) (“Applications”).
In order to improve, enhance and further develop the features of such Applications, we may from time to provide upgrades, updates and patches to these Applications. You agree to download and install such upgrades, updates and patches and to only use the latest version of the Applications, or such other versions as we may direct.
We hereby grant you a personal, limited, worldwide, royalty-free, non-assignable, non-transferable, revocable, non-exclusive license (without the right to sub-license) to use the Applications, Services and content for the sole purpose of enabling you to use and enjoy the benefit of the Services in a manner prescribed by these Terms. Such license is subject to these Terms and does not include the distribution of any content, modifying or otherwise making any derivative uses of the Applications, and/or Services (or any part thereof), the use of any scraping, data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) any part of the Applications, and/or Services, content or information contained therein except as expressly permitted on the Services, and any use of the Applications and/or Services other than for their intended purposes.
We reserve the right, at our sole discretion and at any time to modify the prices of our products and Services without further notice to you.
We reserve the right, at our sole discretion and at any time to modify or discontinue the Services (or any part or content thereof) without further notice to you.
We disclaim all liability to you or to any third-party for any changes to the Services, including but limited to modification, price change, suspension or discontinuance of the Services.

7. YOUR RESPONSIBILITIES

Usage of the EBOOST or its Services
You agree that you:
Will ensure that you conduct yourself in compliance with all applicable laws and regulations, including but not limited to laws and regulations on data protection, intellectual property protection, taxation and usage of the charging systems.
Will ensure that you treat any equipment provided (including the charging systems and cables attached) with appropriate care, and treat our staff and other users with respect; and
Are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment and services needed to access and use EBOOST or the Applications, and for paying all charges related thereto.

Caveats on EBOOST or its Services
You agree that you will not:
Access EBOOST or use our Services if we have suspended you from doing so;
Without our consent, rent, lease, sell, resell or otherwise monetize or commercialize EBOOST, our Services or the charging systems provided through EBOOST;
Use our Services or charging systems except through EBOOST application;
Remove, alter or obscure any advertisements that may be found on the EBOOST charging systems or related parts or any equipment provided to you by us;
Assist or encourage any conduct in violation of this Agreement.

8. LIMITATION OF LIABILITY

User Acknowledgement
We do not guarantee, represent or warrant that your use of EBOOST, Services and/or content will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of EBOOST, Services and/or content will be accurate or reliable.
You agree that from time to time we may remove EBOOST, Services and/or content for indefinite periods of time or cancel EBOOST, Services and/or content at any time, without notice to you.
You agree that your use of, or inability to use, EBOOST, Services and/or content is at your own risk. EBOOST, Services and/or content and all products and services delivered to you through EBOOST, Services and/or content are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall EBOOST, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation for any lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall only be limited to the extent permitted by law.

9. REMEDIES FOR BREACH
If you are in breach of any of the terms of this Agreement, we may without further reference or prior notification to you, and in addition to any other rights and remedies that we may have:
Suspend or terminate your access to EBOOST, Applications and Services offered through these, and your right to use our charging systems.
Deduct and set-off the funds in your user account against any monetary loss, damage or compensation due from you to us; and
Terminate this Agreement
In addition to any other rights and remedies that we may have against you, you agree that if you damage our charging systems (incl. electronic boxes and outlets) or such other equipment provided to you, intentionally or as a result of your misuse, which results in the charging systems being inoperable or unsafe for operation, you will be charged and will pay to us a fee in the range of 300,000 VND to 1,000,000 VND, the quantum of which shall be determined by us in our sole and absolute discretion, being the administrative, logistical, repair and replacement costs for each charging system (incl. electric boxes or sockets / outlets) damaged. We may recover this fee as monies owed to us by charging your User Account or the credit or debit card associated with your User Account.
We are entitled to terminate this Agreement immediately and to recover any loss and damage suffered (including economic loss and damage to goodwill and reputation) if you provide any gift or consideration of any kind (including physical goods, cash, cash equivalents, labour services, travel etc.) as an inducement or reward to our employees or consultants for doing or forbearing to do or for having done any action in relation to this Agreement.

10. THIRD PARTY LINKS
Third party links on EBOOST may direct you to third-party website that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or website, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. Please ensure that you review the third party’s policies and practices and make sure you understand them before you engage in any transaction.
Any complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

11. INDEMNIFICATION
You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party

12. VARIATION
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to EBOOST or Services. It is your responsibility to check our App periodically for changes. Your continued use of or access to EBOOST or our Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

13. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use are effective unless and until terminated by us.
Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services or by notifying us that you no longer wish to use our Services.
If we are of the opinion that you have failed, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

14. FORCE MAJEURE
We shall not be responsible for any loss, damage, default or failure which is shown to be due entirely to causes beyond our control, including but not limited to failure of information network equipment, connection failure, failure of computer, communication or other system, power breakdown, strikes, riots, fire, flood, windstorm, explosion, war, government actions, changes of laws, regulations, administrative provisions and other rules, orders of judicial or administrative authorities.

15. BILLING
In the event that we make a change to or cancel any request or actions initiated by you on EBOOST, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our application. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

16. GENERAL
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Use and any policies or operating rules posted by us on EBOOST or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).
Severability
In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.
Third Parties
A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement.
Governing Law
These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Vietnam

USAGE RULES
These are rules that regulate how you (a) use the charging system provided at various locations and selected by you through EBOOST, (b) pay for the EBOOST service used. These rules form part of you Agreement with us in relation to your access of EBOOST and use of our Services. These rules also set out the safety standards in relation to your use of the charging systems (incl. electric boxes and sockets / outlets). You are required to comply with these rules and it is important that you read and understand these rules carefully. Where necessary to assist you in understanding these rules, we may provide or direct you to hyperlinks and illustrations.
Unless otherwise defined, terms used in these rules have the same meaning with those defined in the EBOOST Terms of Use and Service Agreement.

The use of charging system provided at various locations and selected by you through EBOOST application:
Scan QR code or select specific charging socket / outlet
Plug-in correct power adapter of your type of electric motorbike into the selected charging socket / outlet
Confirm charging
Stop charging
Automatically get deducted on wallet based on agreed fee
Completion of use unplug adapter from socket / outlet.
Pay for the EBOOST service used
When using the application for the first time, top-up your wallet via payment gateway (minimum amount in wallet required is 20kVND)
Before press confirm charging, user will see fee applicable for that service
Once charging service completed, billing amount will be deducted from wallet automatically.

Copyright © 2022 EVIDA

Công ty TNHH EVIDA
Lầu 1, 170-170Bis Bùi Thị Xuân, Phường Phạm Ngũ Lão, Quận 1, Thành phố Hồ Chí Minh, Việt Nam
Số điện thoại (Hotline): 0915075588 / E-Mail: support@eboost.vn
Mã số doanh nghiệp: 0315616360 do Sở Kế hoạch và Đầu tư TP. Hồ Chí Minh cấp lần đầu ngày 08/04/2019.