1. INTRODUCTION

1.1 By using this website, you are automatically agreeing to comply with and be bound by the below terms of use issued by Emergence Innovative Sdn Bhd (Reg No.: 201901040535 (1349865-H)) (referred to as “RISE,” “the Company”, “we,” “us” or “our”) and together with our Privacy Policy, shall govern RISE’s relation with you accessing or using our website located at https://www.powered-by-rise.com and our mobile application, (collectively referred to as the “RISE Platform”) owned and/or operated by RISE. If you disagree with any part of these terms and conditions, please do not use our website. 

2. TERMS OF USE OF WEBSITE

2.1 The content of the pages of this website is for your general information and use only. It is subject to change without notice.

2.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

2.3 This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

2.4 All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

2.5 Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

2.6 From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

2.7 Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

2.8 Your use of this website and any dispute arising out of such use of the website is subject to the local, regional and international laws.

2.9 In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

2.10 Through this website, you are able to link to other websites which may not be under the control of RISE. We have no control over the nature, content and availability of such sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

2.11 Every effort is made to keep the website up and running smoothly. However, RISE takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

2.12 Any redistribution or reproduction of part or all of the contents in any form is prohibited.

2.13 You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

2.14 This website and its content is copyright of Emergence Innovative Sdn Bhd. All rights reserved.

3. TERMS OF USE OF WEB APP

3.1 Some functionality of the Application including the Service, may require the transmission of your information including but not limited to your name and password, address, e-mail address, financial information (such as credit card numbers), the International Mobile Equipment Identity number accessed in your device, phone-book information, information related to your membership Account or GPS location (collectively, “User Information”). When you use such functionality of the Application, you consent to the transmission of the User Information to the Company, its agents and/or service providers and authorizes the Company, its agents and/or service providers to record, process, and store such User Information as necessary for the Application’s functionality. You are solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on your Device for purposes of the Application, the provision of the Service and for all transactions and other activities undertaken by you registered in your name, whether authorized or unauthorized.

3.2 Your use of the Service is for your own sole and personal use. You undertake not to authorize others to use your identity for the Service. When using the Service, you agree to comply with all applicable laws.

3.3 You may only access the Service using authorized means and you are responsible to check and ensure that you have use or downloaded the correct Software and/or Application for your device. The Company is not liable if you do not have a compatible device or if you have downloaded the wrong version of the Software and/or the Application to your device. The Company reserves the right not to permit you to use the Service should you use the Software and/or the Application with an incompatible or unauthorized device or for purposes other than which the Software and/or the Application is intended to be used.

3.4 By using the Service, the Software and/or the Application, you agree that:- (a) You will only use the Service for lawful purposes; (b) You will only use the Service for the purpose for which it is intended to be used; (c) You will not use the Software and/or the Application for any unlawful, fraudulent or deceptive purposes; (d) You will not use the Software and/or the Application to cause any nuisance, annoyance and/or inconvenience; (e) You will not use the Service and/or the Application for any purposes other than EV charging and services of the Company; (f) You will not try to harm the Software and/or the Application and in any way whatsoever; (g) You will not copy, or distribute the Software and/or the Application or other content without the Company’s prior written permission; (h) You will only use the Software and/or the Application for your own use and will not resell it to a third party; (i) You are solely responsible to keep secure and confidential your login/account phone number, username and/or password or any identification we provide you which allows access to the Service; (j) You shall not employ any means to defraud the Company through any means, whether fraudulent or otherwise, through any event, promotion or campaign of the Company; (k) You agree that the Service is provided on a reasonable effort basis;. and (l) You may use the Software and/or the Application only for your personal, non-commercial purposes and shall not use the Software and/or the Application to: (i) send spam or otherwise duplicative or unsolicited messages; (ii) send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs; (iii) introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) damage, disable, overburden, or impair the Company’s servers or networks; (v) interfere with or disrupt the integrity or performance of the Software and/or the Application or the data contained therein; (vi) attempt to gain unauthorized access to the Company, the Software and/or the Application or its related systems or networks or the other users’ accounts; (vii) cause or encourage conduct that would constitute a criminal offense, or that gives rise to civil liability; (viii) violates these Terms of Use; or (ix) fails to comply with applicable third party terms; (x) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (xi) cause or allowed to be caused any matter which may damage the Company’s reputation or amount to being disreputable.

3.5 The Company, its affiliates and its licensors, where applicable hereby grant you a revocable, non-exclusive, non-transferable, non-assignable, personal, limited license to use the Application, subject to the Terms of Use herein. All rights not expressly granted to you are reserved by the Company and its licensors.

3.6 The Company and its affiliates, shall own all right, title and interest, including all related intellectual property rights and its respective components, processes and design in its entirety, in and to the Software and/or the Application and by extension, the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service.

3.7 Either the Company or you may terminate this Agreement immediately with or without notification. This Agreement shall terminate immediately if you are in breach of any of the Terms of Use. The Company also reserves the right, in its sole discretion, to terminate any the licenses granted herein, the use and ability to use the Service, the deletion and removal of your content or assert legal action with respect to your content and/or your use of the Application, the Software and the Service, that the Company believes is or might be in violation of this Agreement but the Company’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce this Agreement.

3.8 You are not allowed to top up, but your unused paid energy is stored in the application as "RISE Credit," which you can use for your next charging session payment and is non-transferrable. Your RISE Credit is only available in Ringgit Malaysia currency and for the purchases from the Company within Malaysia.

3.9 Payments for the Service may be made directly in the Application via the addition of electronic bank transfers, credit card or debit card, or any other e-Wallet providers, or via such other method of making payment as is available in the Application (collectively, “Payment Method”).

3.10 You agree that the Company may verify and authorize the transferor’s transferring details when you first register your Payment Method with us and when you use the Service. You also agree that you will cooperate in relation to any financial crime screening that is required and to assist the Company in complying with any prevailing laws or regulations in place.

3.11 You agree to immediately notify the Company by email at business@emergencerise.com of any fraudulent activity or theft of funds in the RISE Credit of which you become aware. The Company has the right to forfeit your RISE Credit where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity.

3.12 The Company has the absolute right to refuse and/or suspend the processing of any transaction where it reasonably believes that the transaction may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms of Use.

3.13 The Company reserves the sole right to terminate and/or suspend the use of your RISE Credit entirely, disable RISE Credit or block any financial instruments e.g credit or debit card where it reasonably believes that the account activity may be fraudulent, illegal or involves any criminal activity or where the Company reasonably believes you to be in breach of the Terms Of Use.

3.14 When you make or receive a payment, you are liable to the Company for the full amount of the payment sent to you plus any fees if the payment is later invalidated for any reason including but not limited to claims, chargebacks, or if there is a reversal of the payment. You agree to allow the Company to determine (or in the case where a credit card is used as the Payment Method, to work with your credit card issuer) to determine the appropriate party to incur the burden of such claims, chargebacks or reversals and where applicable to recover any amounts due to the Company by debiting your RISE Credit.

3.15 You agree that only one (1) RISE Credit account can be registered to a single individual, and that a mobile telephone number may only be associated with only one (1) RISE Credit account.

3.16 You may withdraw or obtain a refund of your RISE Credit by contacting our Customer Service by email at business@emergencerise.com and subject to the terms of this Agreement.

3.17 You must immediately notify the Company of any unauthorized transactions associated with the Service and the Application including the RISE Credit or any other breach of security. You are responsible for all losses, reversals, fees, claims, penalties or chargebacks, incurred by you or the Company, another user, or a third party caused by or arising out of your breach of this Agreement, damage to or loss of your mobile device, the authorized use of your account by a third party and/or your use of the Service and where such are borne by the Company, another user, or a third party you agree to reimburse the same for any and all such liability.

3.18 You shall be responsible to resolve any disputes with your credit card company and the legal entities of the Payment Method on your own.

3.19 The Company reserves the right to correct your RISE Credit if the Company believes that a technical, clerical, billing or accounting error has occurred. If you have any questions regarding the transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your RISE Credit , please contact our Customer Service by email at business@emergencerise.com and the Company will conduct an investigation, communicate the results and correct any proven error as soon as the investigation is completed.

3.20 If the Application and/or your RISE Credit is not used or is inactive for a period of not less than three (3) years from the last transaction date of your use of your RISE Credit (inclusive of purchases), then the Application and/or your RISE Credit shall be deemed dormant and is automatically deactivated. Upon deactivation, the Application and/or your RISE Credit is not valid for any use and any remaining amount in your RISE Credit will be automatically forfeited and under any circumstances, cannot be refunded to you. Notwithstanding the aforesaid, you may withdraw your RISE Credit at any time PRIOR TO deactivation. If the Company reasonably believes that you are in breach (including the threat of breaching) of these Terms of Use, then TAKE NOTICE That the Company may immediately deactivate the Application and/or your RISE Credit whereupon you have no right to use the Application and forfeit any remaining amount in the your RISE Credit.