Terms of Service

1. Introduction

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.

1.1 Purpose

• • (a) Synermax offers portable charger sharing services through various platforms ("Sharing Platform"), including via the internet (http://synermax.asia) and mobile applications (including on iOS, Android, Windows, macOS, Linux, Nokia Series operating systems) ("Synermax portable charger Sharing Platform" or "Platforms"). By accessing the Platforms, using the services and portable chargers provided through the Platforms, or registering an account for such services, you agree to accept the terms of this Agreement.
• • (b) Synermax aims to facilitate mobile phone charging experiences, enabling users to power up anywhere. Through a cooperative use of the sharing resources, the Platforms aim to stabilize scaling portable charger usage and improve the efficiency of portable charger usage. We hope that the Platforms will inside reach to keep their mobile devices charged in an environmentally friendly way.
• • (c) If you have any questions regarding any aspect of this Agreement or our service, you may contact our customer service staff at support@synermax.asia.

2. Scope

2.1 Contracting Parties

• • (a) This Agreement is entered into between you and the operator of the Platforms in the country where you are enjoying the services offered through the Platforms.
• • (b) The Platforms and the services offered through the Platforms are currently available in Malaysia.
• • (c) The Smart Solution Engineering SDN. BHD. are the current operators of the Platforms and the services offered through the Platforms in Malaysia. All references in this Agreement to "we", "us", "our" or "Synermax" is a reference to Smart Solution Engineering SDN. BHD. Subject to us giving a notice on our website, we may at any time transfer or assign our rights and obligations under this Agreement to any third party, we deem fit. Upon assignment, your relationship would be with our assignee and not with us.

2.2 Additional Terms, Usage Rules and Privacy Policy

• • (a) You agree to accept our Usage Rules and Privacy Policy which constitute integral parts of this Agreement.
• • (b) Our Usage Rules set out specific terms and constraints concerning:
  • i. how you may share your portable charger through the Platforms;
  • ii. your use of the portable charger provided through the Platforms; and
  • iii. the charges for your use of the portable charger. Our Usage Rules also include country-specific rules applicable to your use of the portable chargers and the services offered by the Platforms. You are required to pass down elements in these rules and comply with them. Our Usage Rules are located at [insert hyperlink website].
• • (c) Our Privacy Policy sets out how we collect, use, disclose, handle and protect your personal information. You consent to our collection, use and disclosure of your personal information in accordance with the Privacy Policy. The Privacy Policy is located at [insert hyperlink website].
• • (d) Additional terms may apply to certain specific services offered through the Platforms. Such terms will be made known to you and you are required to accept those additional terms before using those specific services. In the event of any conflict between this Agreement and those additional terms, the additional terms will prevail.

3. User Registration

3.1 User Qualification

You warrant and represent that you are at least 18 years of age, and have the capacity to enter into mental and legal capacity to accordance with the applicable laws of your jurisdiction to enter into this Agreement and use our services. If you are below the age of 18 or lack the requisite capacity, your parent or guardian may in accordance with the applicable laws be responsible for your acts or omissions in relation to your access of the Platforms or use of our services.

3.2 User Accounts

• • (a) You are required to register for a user account through the Platforms before any use of our services.
• • (b) Your user account is personal to you and contains your personal and financial information. You will ensure your user account and details especially authorized by us, you will not directly or indirectly, create a user account for another person, transfer your user account to another person, or permit or assist any other person to use or access your user account. You agree to assume all liability arising from the access or use of your user account by another person.
• • (c) All applications for user accounts are subject to approval at our sole and absolute discretion. We reserve the right to reject any application and, if accepted, terminate any user account, and/or to deny access to the Platforms or our services, at our sole and absolute discretion and without assigning or providing any reasons.

3.3 Management of Personal Information

• • (a) In connection with your user account, you are required to provide information (including personal information such as your name, gender, personal mobile phone number, email) so as to accordance with instructions given through the Platforms. You warrant that all information that you provide to us is accurate, true and complete.

• • (b) You are responsible for ensuring that information provided to us remains accurate and complete. You will update any changes to such information promptly. We may if required to in accordance with applicable laws check and verify the information you have provided to us, you will cooperate and provide statutory authorities that we may require for such checks and verification.

• • (c) You are responsible for all loss and damage (whether caused to us or any other person) arising from inaccurate, false or incomplete information provided to us.

4. Account Security

4.1 You are responsible for the security of your user account details, including your login identification and password(s). You will ensure that such details are protected and not disclosed to any other party. You will comply with security measures that we may from time to time direct relating to your use of the Platforms. You are responsible for all loss and damage arising from your disclosure of your account information, or any electronic threats, attacks or fraudulent activity resulting from your failure to safeguard the security of your account details.

4.2 All activities conducted through your user account (including but not limited to the use of the portable chargers, return of the portable chargers, user communications, 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.

4.3 You must notify us immediately at support@synermax.asia if you suspect or are aware of any unauthorised 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 activity conducted through your user account.

4.4 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 the Platforms. 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

5.1 All copyrights, trademarks, tradenames, logos, service marks and other intellectual or proprietary rights in the Platforms (including page titles, graphics, icons, scripts, source and object codes) belong to us or our licensors, and may not be reproduced, distributed, sold, used, modified, copied, imitated or used in whole or in part without our prior written consent.

5.2 You represent and warrant that you have full ownership of all intellectual property in any text, pictures, information or other content that you may provide to or release on the Platforms. You agree that you will only provide content that do not violate any applicable laws and/or infringe the intellectual property or proprietary rights of any other party. We may in our sole and absolute discretion delete, edit, remove or conceal from the Platforms, the whole or any part of the content or information provided by you.

5.3 If you provide any suggestions for changes, improvements or other feedback about SynerMax and/or our services, ("Feedback") we may use your Feedback for any purpose (including marketing or other commercial purposes) without obligation or payment of any consideration. You agree to assign to us all rights, title and interests (including intellectual property rights) in and to your Feedback.

6. Applications

6.1 You may access and use the Platforms by downloading, installing and using our applications (such as independent software products, mobile applications or browser plug-ins) ("Applications").

6.2 In order to improve, enhance and further develop the features of such Applications, we may from time to time 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.

6.3 We grant you a limited, royalty-free, non-exclusive, personal, revocable and non-transferable, license to download and use the Applications for your own personal, non-commercial purposes, subject to your compliance with this Agreement.

6.4 The Applications are licensed, not sold, to you. You may use the Applications only as permitted by this Agreement. You may not, and will not permit any other party to :

• • (a) modify, adapt, improve, enhance, alter, translate or create derivative works of the Applications;
• • (b) use or merge the Applications, or any component or element thereof, with other software, databases or services not provided or approved by us;
• • c) sublicense, distribute, sell or otherwise transfer the Applications to any third party;
• • (d) use the Applications as a service bureau, or lease, rent or loan the Applications to any third party;
• • (e) reverse engineer, decompile, disassemble or otherwise attempt to derive the source code or structure of the Applications, or decrypt the Applications;
• • (f) interfere in any manner with the operation of the Applications;
• • (g) circumvent, or attempt to circumvent, any electronic protection measures in place to regulate or control access to the Applications;
• • (h) create a database by systematically downloading and storing the Applications;
• • (i) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine", "crawl" or in any way gather the Applications or reproduce or circumvent the navigational structure or presentation of the Applications without our express prior written consent;
• • (j) use the Applications for any commercial purposes; or
• • (k) violate any applicable laws, rules or regulations in connection with your access or use of the Applications. You agree not to develop, distribute or sell any software or other functionality capable of launching, being launched from or otherwise integrated with the Applications. You may not remove, alter or obscure any copyright notice or any other proprietary notice that appears on or in the Applications.

7. Your Responsibilities

7.1 When accessing the Platforms or using our services, you agree that you :

• • (a) 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;
• • (b) will ensure that you treat any equipment provided (including portable chargers) with appropriate care, and treat our staff and other users with respect; and
• • (c) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Platforms or the Applications, and for paying all charges related thereto.

7.2 When accessing the Platforms or using our services, you agree that you will not :

• • (a) access the Platforms or use our services if we have suspended you from doing so;
• • (b) without our consent, rent, lease, sell, resell or otherwise monetise or commercialise the Platforms, our services or the portable chargers provided through the Platforms;
• • (c) use our services or portable chargers except through the Platforms;
• • (d) remove, alter, or obscure any advertisements that may be found on the Platforms; and
• • (e) assist or encourage any conduct in violation of this Agreement.

8. Limitation of Liability

8.1 We make no warranty or representation as to the accuracy, reliability, availability or quality of our services, or that the Platforms are error-free, uninterrupted or available at any times. There may be circumstances where our services may be interrupted, delayed or unavailable, including but not limited to planned maintenance, upgrades, urgent repairs and failures of communication links and/or equipment. We are not responsible or liable to you for any loss or damage howsoever arising in the event that our services are defective, interrupted, delayed or otherwise unavailable. Notwithstanding the above, in the event of any incorrect deductions, calculation or accounting of the service fees charged to your account, you may contact us at support@synermax.asia. After the completion of our investigations, as your sole and exclusive remedy, we may correct the service fees charged to your account and provide you with a refund.

8.2 We make no warranty or representation that the information or content you obtain from or through the Platforms is correct and reliable in any circumstance. Information and content available on or through the Platforms may be provided by other users and may be inaccurate, incomplete, outdated, misleading, illegal, offensive or harmful. We are not responsible or liable for any information or content you obtain from or through the Platforms and whether from other users or otherwise, and any loss or damage arising from your use of or reliance on such information or content.

8.3 We make no warranty or representation that the portable chargers provided to you through the Platforms are operable or safe for operation, or that they will satisfy any of your expectations on quality or technical specifications. The portable chargers provided to or selected by you are shared from other users or authorised for use by other third parties, and may not be owned by us. You are responsible for checking the portable chargers provided to or selected by you to ensure that you are able to operate the portable chargers and that it is safe for operation. We are not responsible or liable for any loss or damage arising from any defects in the portable chargers provided to or selected by you, or your operation and use of such portable chargers.

8.4 For the avoidance of doubt, notwithstanding anything else, you acknowledge and agree that :

• • (a) Your portable chargers is a machine that may malfunction even if properly maintained or inspected before use, and that using a portable chargers carries inherent risk of causing injury to yourself, others or damage to property that cannot be avoided entirely even if proper precautions are taken. In riding, using portable chargers, you agree to assume all risk, responsibility and liability in respect of any such injury, damage, loss or cost caused whether to yourself, others or any property.
• • (b) You are responsible for the use of the portable charger and the services provided through the Platforms and shall remain responsible for all decisions related to such use.
• • (c) We have no control over and shall have no responsibility regarding your use of any portable charger, nor any obligation to indemnify you for any third-party claim arising from or in connection with your use of any portable charger.

8.5 We make no warranty or representation that

• • (a) the Applications are free of viruses or other malicious component;
• • (b) the Application will operate or function on your computer or mobile device or operating system;
• • (c) there will be no damage to your computer or mobile devices, or
• • (d) loss of data when you download, install or acquire any information through the Applications.

We do not provide any data backup or storage services, and have no obligation to preserve or maintain any content or information whether provided by you or others. You agree to back up your data and not to rely on us to backup or store your data. We are not responsible or liable for any damage to your computer or mobile device, or loss or corruption of your data caused by the Applications or any virus or other malicious component that you may encounter when accessing, installing or using the Applications.

8.6 The Platforms may contain links to third-party websites or applications. You may also permit these third-party websites or applications to associate with your user account with us and access your user account information. Your use of any third-party websites or applications is strictly at your own risk and subject to such other terms as may be imposed by these third parties. We do not monitor, control or endorse, and are not responsible or liable for such third-party websites and applications and your access and use of such third-party websites and applications.

8.7 We are not responsible or liable for the behaviour of our users including any offensive, inappropriate, obscene, illegal or any other uncomfortable content or information provided by our users that you may encounter on the Platforms. We may but are not obligated to assist you to moderate or participate in any dispute between you and other users.

8.8 We shall not be liable to you or any other party for any indirect, special, consequential or punitive losses (including loss of opportunity, reputation, profits or income) in relation to this Agreement, your access and use of the Platforms and the portable chargers and services offered through these Platforms, regardless of the form of action whether in contract, tort, product liability or otherwise, even if we have been advised of the possibility of such damages.

8.9 In any proceedings against us, you agree not to seek any injunctive or similar relief that may prevent or restrict us in developing or conducting the operations of the Platforms and the services offered through these Platforms.

8.10 The Platforms, the services offered through these Platforms, and the portable chargers provided to or selected by you, are provided on an "as is, where is" and "as available" basis. Save for the warranties in this Agreement or other express warranties made by us in writing, we make no warranties or undertakings in any form whether express or implied, including but not limited to merchantability, fitness for any particular purposes, accuracy and non-infringement.

8.11 To the extent that we are liable to you, our cumulative aggregate liability to you in relation to this Agreement and the subject-matter of this Agreement shall not for any reason exceed the lesser of the following: (a) the aggregate amount you have paid to us in connection with the services offered through the Platforms in the one (1) year period preceding the occurrence of the liability; or (b) RM1,000 (One Thousand Malaysian Ringgit Only). This limitation applies to all causes of action in the aggregate regardless of the number of actions or claims and including, without limitation, breach of contract, breach of warranty, negligence, misrepresentations, strict liability, and other torts.

8.12 Where the applicable laws in any jurisdiction limits or restricts the exclusion or limitation of certain liabilities, the limitations and exclusions set out in this Agreement shall apply to the maximum extent permitted by the applicable laws

9. Remedies of Breach

9.1 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 :

• • (a) suspend or terminate your access to the Platforms, the services offered through these Platforms, and your right to use the portable charger;
• • (b) deduct and set-off the funds in your user account against any monetary loss, damage or compensation due from you to us; and
• • (c) terminate this Agreement.

9.2 You agree to indemnify, defend and hold harmless us and our related companies (and our respective management staff, directors, agents and employees) from and against all statutorily penalties, claims, actions, liabilities, losses, expenses, damages and costs (including court costs and solicitors' fees on a full indemnity basis) arising out of or related to :

• • (a) your access, use, or misuse of, the Platforms, any portable chargers which you share through the Platforms, any portable chargers provided to or selected by you and the services offered through these Platforms;
• • (b) any breach of this Agreement (including without limitation any breach of the Usage Rules and Privacy Policy) by you;
• • (c) the content and information directly or indirectly provided by you through the Platforms, including any claims that the content and information infringe or misappropriate any intellectual property or proprietary rights;
• • (d) any death or bodily injury or damage, loss or destruction of any real or tangible property arising from any portable chargers which you share through the Platforms, your use or misuse of any portable chargers provided to or selected by you, and your use or misuse of the services offered through the Platforms; and
• • ​(e) any fines or other penalties imposed by a regulator or court of competent jurisdiction from your use or misuse of any portable chargers provided to or selected by you, and your use or misuse of the services offered through the Platforms.

9.3 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. Variations

10.1 We may in our sole and absolute discretion without prior notice at any time and from time to time, temporarily or permanently, in whole or in part, modify, update, upgrade, suspend or discontinue the Platforms or any information, services, contents, products or features offered through the Platforms.

10.2 We may without your consent and from time to time, amend the terms of this Agreement (including the terms in the Usage Rules and Privacy Policy). The amendments will take effect as they are notified to you. If you do not accept the amendments please do NOT access the Platforms or use any of our services; if you have been using our services or have registered an account with us, you are to discontinue your use of our services immediately. If you continue to use our services after notification of the amendments, you will be deemed to have accepted the amendments to the terms and to be bound by the amended terms.

11. Notice

11.1 Any notifications that we are required to provide to you in accordance with this Agreement or in connection with your access and use of the Platforms and our services may be provided through any of the following means :

• • (a) publishing announcements on the Platforms;
• • (b) site messages, pop-up messages or pushed messages on the Platforms; and
• • (c) e-mails, text messages, mails sent to the contact details you have provided.

11.2 You consent to us contacting you using auto-dialling or pre-recorded phone calls or messages to the contact numbers provided by you, for the purposes of

• • (a) providing you with information on your user account;
• • (b) resolving errors associated with your user account;
• • (c) resolving any disputes;
• • (d) processing payments;
• • (e) conducting surveys and questionnaire; or
• • (f) managing your relationship with us or to provide services to you.

11.3 Your correspondence and communications (including telephone conversations) with us may be monitored and/or recorded for purposes of archiving, quality control, staff training, or risk management.

12. Termination

12.1 User Termination. You may at any time terminate this Agreement by contacting our customer service staff at support@synermax.asia.

12.2 Our Termination. We may at any time terminate this Agreement and discontinue the Platforms and our services, without cause or prior notification to you and without incurring any liability to you in respect of such termination.

12.3 Effect of Termination. The termination of this Agreement does not affect any accrued rights and remedies that we may have against you. Upon termination :

• • (a) we may remove or deny you access to the Platforms, your user account (including any information in your account), and your use of our services; and
• • (b) we may continue storing any information that you have provided for such period of time as may be necessary for our legal and business purposes.

13. Force Majeure

13.1 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

14. General

14.1 Applicable Law. This Agreement shall be governed by, and construed in accordance with, the laws of Malaysia.

14.2 Non-Partnership. Nothing in this Agreement shall be deemed to constitute a partnership, or constitute any authorisation, cooperation, agency relationship between you and us.

14.3 Jurisdiction. You agree that you will first attempt to resolve any dispute relating to this agreement through good faith discussions with us. In the event of any dispute, you should first contact us by registered mail setting out the information about the dispute, including the nature and basis of your claim and the remedy you seek. If any dispute cannot be resolved through discussions within thirty (30) days of the dispute arising, either party may refer the dispute to be finally resolved by arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing in accordance with the arbitration rules of CIETAC for the time being in force, which rules are deemed to be incorporated by reference in this Clause.

14.4 Waiver. No delay, indulgence or omission in exercising any right, power or remedy by us under this Agreement or by law shall operate to impair, or be construed as a waiver of any right, power or remedy that we are entitled to.

14.5 Entire Agreement. This Agreement, (including but not limited to the Privacy Policy; Usage Rules; and any additional terms that we have notified as being applicable to specific services) constitute the entire agreement between you and us with respect to your access of the Platforms and use of the services offered through the Platforms. It supersedes all prior or contemporaneous proposals, agreements, negotiations, representations, warranties, understandings, correspondence and all other communications (whether written or oral, express or implied) or arrangements entered into prior to this Agreement. No promise, inducement, representation or agreement other than as expressly set forth in this Agreement has been made to or by the parties.

14.6 Severability. In the event that any term, condition or provision of this Agreement or the application of any such term, condition or provision shall, to any extent, be held by a court of competent jurisdiction to be wholly or partly illegal, invalid, unenforceable or a violation of any applicable law, statute or regulation of any jurisdiction, the same shall be deemed to be deleted from this Agreement and shall be of no force and effect; whereas the remaining terms and provisions of this Agreement shall remain in full force and effect as if such term, condition and provision had not originally been contained in this Agreement.

14.7 Assignment. You shall not assign any of your rights or obligations under this Agreement without our prior written consent.

14.8 Third Parties. A person who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (1999) to enforce any term of this Agreement.

14.9 Other Languages. This Agreement (including the Usage Rules and Privacy Policy) may be made available to you in other languages. The English version is the original language and any translations are for the purposes of assisting you in understanding this Agreement. In the event of any conflict between any of the terms of this Agreement in such other languages and the English version, the English version will prevail.