Terms and Conditions of Use of Electric Vehicle Charging Station in Macau and Payment Service for Electric Vehicle Charging (hereinafter referred to as Terms)
1. The following terms apply to the use of charging stations for electric vehicles (EVs) of Companhia de Electricidade de Macau CEM, S.A. (CEM) in Macau and to the payment service for means of transport (electric vehicles) charging and constitute the legal agreement between the users and CEM.
2. By using this service, users have read, understood, and agreed to accept these terms, including revisions made from time to time. CEM reserves the right to revise these terms at any time and will post the changes thereto on the CEM APP for the users to be aware of. No prior notice is required.
3. By using this service, users have read, understood, and agreed to accept all the terms and conditions of the personal data collection declaration stated in the “Terms of Services of CEM’s website”, as well as agreed that the personal data collected by CEM through this service may be used for future communications. In case there is a need for personal data update, users can contact customer service officer of CEM’s Customer Contact Centre at 2833 9911. For the declaration of collection of personal data in the “Terms of Services of CEM’s website”, please refer to https://www.cem-macau.com/en/terms-of-service/ and https://www.cem-macau.com/en/privacy-statement/.
I. Use of EV Charging Stations
4. With the agreement of the Macau SAR Government, CEM provides EV charging stations in Macau for EVs.
5. Self-charging stations provided by CEM in designated car parks operate on a highly stable and reliable network, however, there may be occasions when charging stations may not be available due to maintenance, power failure, telecommunication issues, temporary obstructions, or any circumstances beyond CEM’s control; CEM shall assume no responsibility for that.
6. If any damage or malfunction is found at the charging station, please stop using this facility and charging service immediately. CEM does not make any guarantees on the quality, standards and functions of this charging station. All functions of this service are provided according to the current conditions or technical level, and CEM shall assume no responsibility for their performance, completeness, safety and reliability. CEM does not guarantee that the services provided will meet the user’s needs, legitimate expectations, or match the specific requirements or instructions made by the user. CEM shall not be liable for any loss, direct or indirect consequences arising from the use of this charging station. Users shall bear all the risks and liabilities arising from choosing to use this charging station, and shall not claim any compensation from CEM.
7. Users are fully responsible for the correct use of EV charging stations and must follow the instructions stated in “How to charge”.
8. Users must use EV charging stations under safe conditions. To avoid any personal injury or property damage, users must ensure that:
i) The EVs are safe and suitable to use the EV charging stations;
ii) Charging cables are intact;
iii) Charging cables are securely connected to the charging port, and their position does not pose any danger to others, such as tripping, etc.;
iv) Before starting the EV, the charging cables have been unplugged from the charging socket and properly put back in the vehicle.
9. Do not remove the charging plug directly from the vehicle while charging is in progress. If you need to stop charging, you should follow the “Stop Charging” procedure.
10. To make EV charging stations accessible to all, users should vacate their parking spaces as soon as the vehicle charging is complete.
11. Users must indemnify CEM for any damage due to improper use of the EV charging station.
12. In the event of any lawsuit or claim brought by the third party due to the improper use of the EV charging station by the users, users shall bear all responsibilities and indemnify CEM for all losses (including litigation costs and attorney fees paid by CEM).
13. The operation of this service system may experience interruptions, malfunctions, delays, data transmission or storage errors due to the failure of network system’s software and hardware equipment provided by telecommunication operators, acquiring operators or other third-party vendors, natural disasters or human error or force majeure factors. If users are unable to use this service due to the aforementioned reasons, CEM shall assume no responsibility.
14. Under no circumstances will CEM be liable for any losses incurred by the users arising from or related to the use of EV charging stations.
II. Payment Service for EV Charging
15. The EV charging payment service means that the user pays the EV charging fee by irrevocably authorizing CEM to deduct the balance in the user’s e-wallet or making a one-time payment with the authorized amount of the UnionPay credit card.
16. E-wallet top-up refers to the top-up of user’s e-wallet with the methods permitted and under the terms set forth by CEM. For example, top up with cash in person at CEM or through other top-up means announced by CEM in the future.
17. CEM identifies users’ instructions through the usernames and passwords of their e-Service accounts. Users must properly keep their usernames and passwords, payment passwords and identifying information safe. Users shall bear the losses caused by the disclosure of passwords and identifying information. Users shall undertake not to disclose the usernames and passwords, payment passwords and identifying information of their e-Service account.
18. Users shall be responsible for the balance of users’ e-wallets, which is non-transferable, but can be inherited by law.
19. CEM has set limits on the maximum and minimum total amount of the e-wallet, and users agreed that CEM may adjust the limits at any time without prior notice to users.
20. To terminate the use of e-wallet, users can visit CEM in person to apply for cancellation and balance refund of the e-wallet.
21. For payment made by UnionPay credit card, CEM will preset an authorized amount of UnionPay credit card, and users agreed that the authorized amount can be adjusted at any time by CEM without prior notice to users. CEM shall deduct the authorized amount before charging and refund the remaining balance after deducting the actual EV charging fee upon the completion of the charging service.
22. For payment made by UnionPay Frictionless Payment, users need to bind the UnionPay credit card in CEM App and authorize CEM to deduct the actual EV charging fee upon the completion of the charging service.
23.The “Exclusive Voucher” can only be used to settle EV charging fee and cannot be redeemed for cash. The unused balance of “Exclusive Voucher” will be canceled in full after its expiry date and cannot be transferred or refunded.
24. Any losses caused by the user’s fault shall be borne by the user. The faults include but not limited to: failure to follow transaction and payment instructions, failure to make transactions in time, forgetting or leaking passwords, and passwords being deciphered by third parties.
25. CEM shall record, in whole or in part, all users’ operation of using the service, regardless of whether the purpose of the operation is ultimately achieved.
III. EV Charging Tariffs
26. EV charging tariffs are formulated in accordance with the Administrative Regulation No. 25/2022 “Tariff scheme for the public electricity supply service” and by the Chief Executive’s Decree No. 105/2022 “Stipulation for defining the parameter values for electricity supply tariffs, tariff periods, subgroups, tiers, public charging tariffs, general charging tariffs and support programs”.
27. Charging fees are calculated according to charging speed per kWh, which is classified into slow, medium and quick. Charging fees are as follows:
i) Slow charge (Output power ≤ 7.4 kW): Charged based on “time-of-use” and divided into full-load hours (09:00-23:00) and low-load hours (23:00-09:00);
ii) Medium charge (Output power > 7.4 kW and ≤ 25 kW): Charged based on charging duration and divided into first period (within the first 60 minutes) and subsequent period (after 60 minutes);
iii) Quick charge (Output power > 25 kW): Charged based on charging duration and divided into first period (within the first 30 minutes) and subsequent period (after 30 minutes).
28. Public charging tariff includes demand charge, consumption, and tariff clause adjustment.
29. If there is a price adjustment related to the above clauses when the charging in progress, the charging fee will be calculated according to the tariff at the beginning of the charging.
30. Once the charging process is confirmed to be activated, the corresponding fees deducted from the recorded consumption will not be refunded.
31. CEM reserves the right to pursue action to claim the charging fees, when, due to various reasons, the charging is completed but the charging fee is unsuccessfully paid.
32. These terms are governed by the laws and regulations of the Macau Special Administrative Region (MSAR) of the People’s Republic of China. The conflicts arising from this agreement not resolved by mutual agreement between the parties shall be submitted to the exclusive jurisdiction of the Courts of the Macau Special Administrative Region.
IV. Terms of use for Electric Vehicle (EV) Charging Rating and Messaging Service
33. Users can make objective, truthful and personally - experienced comments and release photos through CEM’s EV Charging Rating and Messaging Service.
34. Users acknowledge and agree that all of their comments and photos can be made public, and they must not release the following information:
i) Any information that violates the laws and regulations of the Macau Special Administrative Region, especially information that endangers national security or leaks state secrets, violates the legitimate rights and interests of national social collectives or citizens, and users must not use this service to produce, reproduce or disseminate information that violates or potentially violates the laws;
ii) Any information that infringes intellectual property rights, privacy rights, trade secrets, or other rights of any entity or individual;
iii) Any information that CEM considers to be unlawful, obscene or defamatory, threatening, harassing, abusive, libelous, hateful or embarrassing to any other entity or individual;
iv) Users must not upload, post, email or transmit any information that is unlawful, harmful, threatening, abusive, harassing, infringing, slanderous, vulgar, obscene, defamatory, invasive of others’ privacy, harmful or racially discriminatory or morally objectionable;
v) Users must not upload, post or transmit any advertisements, promotional materials or other solicitation materials of any kind.
35. Users acknowledge and agree that CEM has the right to execute any or all of the following measures regarding the release of the above information by users:
i) Investigate any information posted and delete or request deletion in its sole discretion;
ii) Monitor, edit or disclose any information;
iii) Take measures to restrict, suspend or terminate users’ browsing or account without prior notification to users.
36. CEM reserves the right to edit or delete any information posted by users, regardless of whether it violates the provisions of this Article.
37. CEM shall not be liable for any errors, insults, libels, omissions, obscenities, pornography or profanities that may occur to any user, entity or individual.
38. Users acknowledge that there are cybersecurity risks when using the service through the Internet, and agree that CEM is committed to enabling users to browse and use the platform safely, but CEM does not guarantee whether the server is protected from viruses or other potentially harmful factors. Users should use anti-virus software to prevent or remove any virus.
39. CEM shall not guarantee timely and safe services in case the interruption of the Internet services of the network provider, nor shall it indemnify anyone against losses that are not directly caused by CEM.
40. CEM shall not guarantee the content on the comment and message boards is correct, complete, or reliable, nor shall it assume liabilities for users’ use of information or data on the platform. Users shall bear the risks and liabilities therefrom.
41. CEM shall not be held accountable for whether the information is successfully saved, modified, deleted or stored by users, nor shall it be liable for typographical errors or omissions that are not intentionally caused by CEM.
42. A user’s comments only represent his or her point of views, and in no way do they represent the views of, nor constitute an endorsement by CEM. CEM shall not bear any legal liabilities arising from users’ comments. If a user violates the terms and provisions of this Article, he or she shall bear all legal consequences therefrom, and CEM reserves the right to claim from the user indemnities against direct or indirect losses it may suffer.
43. These terms are written in Chinese, English and Portuguese. In case of discrepancy between the Chinese, English and Portuguese versions, the Chinese version shall prevail.