Terms & Conditions

Please carefully read these terms and conditions (“Terms and Conditions”), the Services Personal Information Collection Statement (“PICS”; see clause 7 of these Terms and Conditions) and my Privacy Policy (“Privacy Policy”) for the Jove mobile application (“Jove App”) and Jove EV Charging Payment Services (“Services”, as defined below) before using the Jove App and Services.

The Jove App and Services are provided by Urban Access Solutions Company Limited (referred to as I, me, my, mine and myself) at EV Charging Facilities (as defined below). By using the Services, you are deemed to have read, understood and agreed to be bound by these Terms and Conditions, the PICS and the Privacy Policy. If you do not agree to be bound by these Terms and Conditions, you will not be able to use the Jove App or Services.

1. Definitions and interpretations

Unless otherwise defined, these terms should have the following meanings:

1.1. “Application” means any and all versions (including, if any, updates, upgrades, beta versions or any combination of them) of the software or program used to provide the Services in any form, format, media and medium, and any and all websites, micro-sites, software, computer programs, mobile apps and systems and, for such sites, programs and systems, any other combination of online, digital, electronic and interactive platforms (including front-end and back-end systems), and any Derivative Works created from or of them, whether conceived or existing before or after the date of these Terms and Conditions.

1.2. “Derivative Works” means any work created from, based on or derived from the existing works (or any of them) concerned, including modifications, improvements, compilations, annotations and translations.

1.3. “EV Charging Facilities” means the locations (such as carparks) listed by me from time to time that are using the Jove app and Services to collect payment for their EV charging services.

1.4. “Jove EV Charging Payment Services” or “Services” means a service feature offered through the Jove App (with or without a payment kiosk) for reporting the EV charging fees due and collecting payment of those EV charging fees after a User’s EV is charged at an EV Charging Facility.

1.5. “Required Information” means the type of information you are required to provide me during registration for the Services on the Jove App as further specified in clause 7 (the PICS). Required Information includes your name (as used on your credit card, car registration or both), email address, mobile phone number, registered license plate number (also referred to as a “vehicle registration mark”), Jove App identification number (as applicable) and your credit card number, CCV number and expiration date.

1.6. “Transaction” means a charge on your credit card for payment of:

(a) the EV charging fees charged by an EV Charging Facility; and

(b) the penalty, if any, charged by an EV Charging Facility for parking in an EV Charging Station without a reservation or without using the EV charging services or both.

1.7. “User” means a person registered to use the Jove App and Services.

1.8. In these Terms and Conditions, unless stated otherwise:

(a) references to the words “include” and “including” are to be construed as illustrative and without limitation;

(b) the use of the words “must” or “should” in relation to an action, consideration or measure indicates that it is a mandatory requirement;

(d) words importing the singular include the plural and vice versa.

2. Registration and activation

2.1. The Service is only available to Users registered to use the Services. The Services are available through:

(a) the Jove App (Users must also be registered to use the Jove App); and

(b) Jove payment kiosks which may available at certain EV Charging Facilities. User of a Jove payment kiosk requires your input of the Required Information and your agreement to be bound by these Terms and Conditions, the PICS and the Privacy Policy. Use of a payment kiosk does not require the download of the Jove App or registration as a User of the Jove App.

2.2 To register as a User of the Services, you must submit the Required Information on the registration form for the Services in the Jove App (or at a Jove payment kiosk) and agree to these Terms and Conditions. By applying for registration of the Services, or by using a Jove payment kiosk, you agree and confirm I can contact you using your Jove App account (as applicable) or directly using your Required Information.

2.3 By submitting your application for registration of the Services, or by using a Jove payment kiosk, you warrant that:

(a) you are the owner (or a duly authorised driver (i.e., listed on the vehicle’s insurance policy)) of the registered license plate number as provided in your Services application or as entered through a Jove payment kiosk;

(b) you are the holder (or a duly authorised signatory) of the credit card detailed in your Services application or as entered through a Jove payment kiosk;

(d) you will provide me with updates to any information you previously provided if that information changes.

2.4 By submitting your application for registration of the Services, or by entering the Required Information at a Jove payment kiosk, you agree and give me your consent to:

pass your registered license plate number as provided in the Required Information to the (a) relevant EV Charging Facilities;

(b) receive your registered license plate number from the relevant EV Charging Facilities;

(c) use your credit card information, including your name, credit card number, CVC (card verification code) number and expiration date, to share the information with your credit card company, your credit card issuer or my payment gateway provider, as applicable, and to conduct Transactions. This credit card information will never be stored by me. Your credit card company, your credit card issuer or my payment gateway provider, as applicable, may provide me with a token to identify you and with which I can track your transactions for reporting and other purposes detailed below;

(d) to use your mobile device identification number to identify you and your activities related to the Transactions and Services; and

(e) use your Jove App User identification number (as applicable) to identify you and your car to provide the Services and conduct Transactions.

2.5 Each EV Charging Facility may have separate terms and conditions which you should read carefully, and you should confirm that you agree to those additional terms and conditions before use. I do not accept any liability resulting from the terms and conditions issued by a EV Charging Facility used by you or if any such EV Charging Facility fails to appropriately provide its services or meet its obligations or responsibilities.

2.6 I may suspend or terminate your Jove App account or Services account, as applicable, if it is inactive for more than 180 days.

2.7 A registered license plate number can only be registered under 1 User at a time, and a User can have only 1 registered license plate number registered with the Services at a time. You must de-register your registered license plate number before it can be registered to a different Services account or before you can register a different registered license plate number with your Services account.

2.8 It is your responsibility to enable the push notification setting on your mobile device and to provide me with notice of any changes to your Jove App account (in particular, any changes to your Jove App identification number) in order to timely receive notices regarding the Services. I will contact Users using push notifications, in-app messages or both. You should never respond to any messages or phone calls that appear to be from me asking you to provide your account or security details. You will be considered having received any notice given by me immediately after the notice has been sent via push notification or in-app message. Push notification messages are sent to your mobile devices through third-party messaging services. Any delay or failure in delivering the notifications due to the third-party messaging services is beyond my control. In-app messages are sent through the Jove App. Any delay or failure in delivering the notifications due to connectivity issues with the Jove App is beyond my control. I must not be liable for any loss or for any other consequences suffered or incurred by you in relation to the delay or failure in receiving the notifications. I must not be liable for any loss or for any other consequences suffered or incurred by you in relation to the delay or failure in receiving the notifications sent by push notification or in-app message.

2.9 You may apply for cancellation of the Services at any time through the Jove App provided that there is no outstanding payment due.

2.10 I may immediately suspend your Services account if there is any outstanding payment due and unpaid.

2.11 I will terminate the Services immediately if I receive notice that your credit card has been terminated, cancelled or expired.

2.12 In addition to clauses 3.6 and 3.8 below, and such other provisions as expressly provided in these Terms and Conditions, I reserve the right to cancel, terminate or suspend the Services, the Jove App or both at any time without specifying the reasons. I will take reasonable steps to minimise any inconvenience caused to you by such cancellation, termination or suspension.

3. Payment for Transactions

3.1 Once payment for a Transaction is processed, the amount will be credited to your credit card. All payments are non-refundable and irreversible.

3.2 I am responsible for the calculating the amount of any Transaction. For the Service, you will need to:

(a) use the Jove App to use the Jove services at the EV Charging Facility; or

(b) enter your registered license plate number at the parking redemption in the EV Charging Facility.

Each EV Charging Facility, at its sole discretion, will determine its EV charging rules and terms and conditions.

3.3 I am not responsible for any errors related to or miscalculation of the EV charging fees due to the operators of an EV Charging Facility not providing me with adequate advance notice of the changes made to its:

(a) schedule of EV charging fees; or

terms and conditions for EV charging services.(b)

3.4 You should contact the relevant EV Charging Facility in relation to:

(a) any car-parking related matters; or

(b) any goods and services offered or provided by the relevant EV Charging Facility (including the rules and terms and conditions for EV charging services).

3.5 After each successful Transaction you will receive a record of payment sent via a push notification, text message, in-app message, email or some combination of them to your mobile device which serves as a confirmation of such payment. You must enable push notifications on your mobile device to ensure you receive the Transaction record. A record of payment may also be available in the “History” tab in the Jove App.

(a) If you choose the option ‘charge to full capacity’, your credit card will be automatically charged once the process is completed. Payment notification will be sent to you via SMS text message, in-app message, email or some combination of them.

(b) If you choose the option ‘partially charge’, your credit card will be charged after the option ‘stop charging and pay’ is chosen. Payment notification will be sent to you via SMS text message, in-app message, email or some combination of them.
You must ensure that there is sufficient credit in your credit card account

(c) There is no penalty/ fine imposed to you who overpark the vehicle at the charging station after the charging process is completed.

3.6 before using the Services and attempting to pay any outstanding amounts for the Services.

3.7 Any amount owed for a Transaction will become immediately due and payable. At my sole discretion, your use of the Services will be suspended until full settlement of all outstanding amounts.

3.8 You may receive a payment reminder from me via push notification, SMS text message, in- app message, email or some combination of them in respect of any issues regarding settlement of any amount owed for a Transaction.

3.9 If any amount of a Transaction remains outstanding for 15 days or more, without prejudice to other rights and remedies available to me, I reserve the right to terminate the Services, any of my other services or any combination of them.

3.10 In case of any disputes regarding the crediting of payment on your credit card, you may contact my customer service for assistance (see clause 3.13 for contact information).

3.11 If I cancel or terminate your Jove account for any reason, the registered license plate number and credit card number registered with your cancelled or terminated Jove account cannot be subsequently used for application for registration of the Services or a new Jove account.

3.12 If you believe that the Services were terminated, cancelled or suspended wrongly or in error, you may my contact customer service (see clause 3.13 for contact information).
3.13 The contact information for my customer service is:
Email: uas@mtrlab.com.hk
Support hotline: 2333 0500
General enquiry: 2333 0500

4. Your responsibilities

4.1 You are responsible for keeping all information, including the Required Information provided to me, up to date. You should apply for cancellation of the Services in the event of change of ownership of the registered license plate number registered for the Services or revocation of grant of the registered license plate number by the applicable authority for whatever reason, as the case may be.

4.2 You must indemnify me against all actions, proceedings, liabilities, claims, loss, damages and reasonable costs and expenses (including all reasonable legal fees) which may be taken against me or which I may suffer, sustain or incur howsoever arising out of or in connection with any inappropriate, misuse or unauthorised use of the Services or the Jove App.

5. Rules and restrictions for the Services

5.1 Your use of the Service, if any and as applicable, must comply with the rules and terms and conditions for the EV charging services provided by the applicable EV Charging Facility. Each EV Charging Facility participating in the Service may have separate terms and conditions for its EV charging services which you should read carefully, and you should confirm that you agree to those terms and conditions before use of those EV charging services.

5.2 Your registration for the Services is limited to 1 vehicle and its associated registered license plate number.

5.3 Your registration for the Services is limited to 1 credit card and only 1 credit card may be registered with your Services account.

5.4 I (or the operator of the EV Charging Facility) may install and use video cameras in or near the EV Charging Facility. Such video cameras will be used:

(a) to capture the registered license plate number of the vehicle using the carpark facilities; and

(b) for security purposes.

Your activities, and that of other members of the public, may be recorded, under surveillance or both by such video cameras. The EV Charging Facility operator or I will post and maintain sufficient notices in prominent positions near such video cameras to alert the public or the affected individuals that their activities may be recorded, under surveillance or both by such video cameras.

Any use I make of such video cameras will comply with Personal Data (Privacy) Ordinance (Cap. 486, Laws of Hong Kong) and any other applicable laws, ordinances, regulations and rules as imposed from time to time by any combination of the Hong Kong Government and other competent authorities.

6. Disclaimer of liability

6.1 You agree and acknowledge that the operators of EV Charging Facilities are solely responsible for the provision of goods and services they offer or provide (including car parking services). I must have no liability to any person whatsoever in respect of any goods, services or any combination of them offered or provided by any operator of the EV Charging Facility. Each EV Charging Facility has its own rules and terms and conditions of use.

6.2 I hold no responsibility for any inappropriate or unauthorised use of your registered license plate number, your credit card or any combination of them in respect of the Services and you remain liable for any and all payments incurred arising from or in connection with any such inappropriate or unauthorised use.

6.3 In no event must I be liable, whether in contract (including intentional breaches), tort (including negligence) or otherwise, for any loss or damage of any kind whatsoever arising from or in connection with use of the Services or of the Jove App or of any Jove payment kiosk.

7. Personal information collection statement (PICS)

7.1 To enable us to provide the Services to you, you agree that I can collect, hold, process and use your personal information and other information (“Required Information”). If you do not agree to provide the Required Information to me, I may not be able to provide you with the Services you request. The Required Information should also include other data, including mobile device identification number, IP (internet protocol) address and domain name which may be collected during your use of the Services. The Required Information will be handled in accordance with these Terms and Conditions (which includes the PICS) and the Privacy Policy which is posted on my website.

7.2 You agree that I may collect, use, process, retain, disclose or transfer any of the Required Information for one or more of the following purposes:

(a) providing the Services to you;

(b) maintaining and operating the Services;

(d) to contact you about the Services or specific Transactions;

(e) conducting searches at the Hong Kong Transport Department or other relevant governmental departments and authorities for serving demand and legal documentation in relation to the recovery of any outstanding payments for Transactions or otherwise;

(f) collecting moneys due from outstanding payments for Transactions or otherwise; and

(g) reporting on the Services and Transactions to the relevant operators of EV Charging Facilities (which may include audits of the Services); and

(h) to contact you about promotions and offers related to the Services and EV charging services provided at EV Charging Facilities.

7.3 I may share your Required Information for the purposes of providing the Services to you and maintaining and operating the Services. The Required Information I may share includes:

(a) registered license plate number with the operators of the EV Charging Facilities;

(b) your Octopus Card number (if one is registered for your Services account as part of the Required Information) to conduct and report Transactions;

(c) your credit card information (if one is registered for your Services account as part of the Required Information), including your name, credit card number, CVC number and expiration date, with your credit card company, your credit card issuer or my payment gateway provider (currently Nuvei Technologies Corp.), as applicable, and to use such information (which is never stored by me) to conduct and report Transactions;

(d) a token provided by your credit card company, your credit card issuer or my payment gateway provider, as applicable, to identify you to conduct and report Transactions;

(e) information from either your credit card company, your credit card issuer or my payment gateway provider, as applicable to conduct and report Transactions;

(f) your mobile device identification number to conduct and report Transactions and operate the Services; and

(g) your MTR Mobile User identification number to operate the Services and to conduct and report Transactions.

7.4 Your Required Information will be kept confidential by me, but you agree that for the purposes set out in clauses 7.2 and 7.3 above, I may transfer or disclose, under a duty of confidentiality to me, such Required Information to:

(a) with your credit card company, your credit card issuer or my payment gateway provider (currently Nuvei Technologies Corp. with offices in Canada, Singapore and the United States, among other locations);

(b) my agents or contractors who provide data processing or other services in connection with the operation of my business (such as professional advisors, call centre service providers, debt collection agencies (in the event you owe me any money), courier or data entry companies); and

The above agents and contractors and the operators of the EV Charging Facilities are located within Hong Kong except for those supporting data entry and processing and payment gateway providers which may be located outside Hong Kong.

7.5 Access: You have the right to:

(a) check whether I hold your Required Information and to have access to that Required Information;

(b) require us to correct any Required Information which is inaccurate; and

(c) ascertain our policies and practices in relation to the Required Information and to be informed of the kind of Required Information held by us.

7.6 I may charge you a reasonable data access fee for complying with any request for access to your personal data and other information that I may collect. You can learn my current data access fee and whether it will be charged for your request by contacting my Data Protection Officer.

7.7 Any data access request should be made in writing to:
The Data Protection Officer
Urban Access Solutions Company Limited
MTR Headquarters Building, Telford Plaza, 33 Wai Yip Street Kowloon Bay
Kowloon Hong Kong
Email: dpo@jove.com.hk

8. Amendments

I reserve the right to amend these Terms and Conditions from time to time without prior notice and your use of the Services following any such amendments constitutes your agreement to be bound by these Terms and Conditions.

9. Governing law and jurisdiction

These Terms and Conditions must be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). Each of us irrevocably agree that the courts in Hong Kong shall have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these Terms and Conditions, its subject matter or formation.

10. Contracts (Rights of Third Parties) Ordinance

Any legislation giving rise to or conferring on third parties contractual or other rights, including The Contract (Rights of Third Parties) Ordinance (Cap. 623, Laws of Hong Kong), must not apply to these Terms and Conditions and no third party will have any rights under them. Nothing in these Terms and Condition must affect the rights of any permitted assignee or transferee of these Terms and Conditions.

11. English version prevails

I have provided a Chinese language translation of these Terms and Conditions for reference only. If there is any inconsistency or conflict between the English and any Chinese version, the English version must prevail.

Terms and Conditions for the Jove Mobile App and EV Charging Payment Services