Terms and Conditions of Use

Introduction

New Belvia Renewables Inc. (herein referred to as “Company”, “we”, “our”, or “us”) provides you, the user, the Envision EV Charging website and the Envision Charging mobile application (collectively referred to as “Apps”).

By using, engaging, making transactions with or via the Apps, you acknowledge that you have read and agree to the terms and conditions referenced herein (collectively referred to as “Terms”). Furthermore, when using certain functionalities within the Apps, you must adhere to any applicable rules posted within the Apps and on Envision Charging Stations (“Sites” or “EVCS”), which may include additional terms and conditions beyond those stated in these Terms. All such rules are hereby incorporated into these Terms by reference.

These Terms are entered into between you and New Belvia Renewables Inc. with an office address at 5th Floor Philcox Building, 172 Salcedo St., Legaspi Village, Makati City, Philippines.

Definitions

For the purposes of these Terms and Conditions of Use:

• Apps refer to software programs (web app, mobile app, or both), branded as “Envision EV Charging” and developed by us, which are downloaded or accessed by you on any electronic device.
• Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the mobile application is downloadable.
• Service refers to the Apps and the servers it connects to.
• Device means any device that can download or access the Apps, including but not limited to a computer, a smartphone, or a digital tablet.
• Electric Vehicles or EV means a vehicle powered by an electric motor that draws electricity from a battery and is capable of being charged from an external source.
• Electric Vehicle Charger or EV Charger refers to an equipment that connects an Electric Vehicle to a source of electricity to recharge it.
• Electric Vehicle Charging Stations or EVCS are designated locations installed with EV Chargers to recharge Electric Vehicles.
• Affiliates are entities that operate and manage an Electric Vehicle Charging Station with us.

User Account

• Having a user account on our Service enables you to enjoy the functionalities available in the Apps. It helps us recognize you and retain your preferences. It also enables you to manage and change your account settings.
• By creating an account, you certify that you are of legal age in the Philippines, which translates to 18 years old and above at the time of writing.
• In creating and using your user account for use on our Service, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required in the Apps (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
• Providing your Registration Data constitutes the acceptance of and compliance with the Privacy Policy of the Company. Please read our Privacy Policy carefully.
• By providing a mobile number in your user account, you consent to receiving automated messages regarding your usage of the Service.

Service Availability

• While we take all reasonable measures to ensure the Service is available 24 hours a day, 365 days a year, the Service may sometimes encounter downtime due to technical issues. We will not be liable if this Service is unavailable at any time. The Service may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. When possible, we will try to give you advance warning of maintenance issues, but shall not be obliged to do so.
• We retain the exclusive right to modify or discontinue the Service, including any of its features, at any time with or without notice. We will not be liable to you or any third party should we exercise such right. Any new features augmenting or enhancing the features of the Service shall also be subject to these Terms.

Use of Service

• By accessing or using any part of the Service, including Electric Vehicle Charging Stations (EVCS), you agree to comply with all applicable local, regional, national, and international laws and regulations relevant to:
  1. the location from which you access the Service, and 
  2. the location where the EVCS is physically situated. 
• The Service may enable users to upload, submit, transmit, or otherwise make available content, including but not limited to text, images, audio, video, and other materials ("User Generated Content" or "UGC"). In submitting UGC through the Service, you expressly agree to the following: 
  1. You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to submit the UGC and grant the rights contemplated herein. 
  2. You agree to indemnify and hold harmless the Company and its affiliates from and against any and all claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from any third-party claims that the UGC infringes upon or violates any third-party rights. 
  3. You represent that all UGC is in compliance with applicable laws and will not be unlawful, obscene, defamatory, harassing, hateful, discriminatory, libelous, pornographic, racially or ethnically offensive, threatening, or otherwise inappropriate or unlawful, nor shall it encourage conduct that may constitute a criminal offense or result in civil liability. 
• The Service may contain links to third-party websites or services that are not owned, operated, or controlled by the Company. The Company assumes no responsibility or liability for the content, policies, or practices of any third-party websites or services. Users are strongly encouraged to review the terms of service and privacy policies of any such third-party services before engaging with them. 
• Power Supply and Charging Limitations 
  1. You acknowledge and agree that the availability and electrical output of each EVCS is subject to limitations, including but not limited to station capacity, grid availability, and broader network conditions. 
  2. Charging speed may vary and may not reach the maximum advertised output due to limitations in power supply or other external conditions, and the Company makes no guarantees regarding minimum charging rates. 
  3. Charging sessions may be interrupted, delayed, or terminated as a result of fluctuations in power supply, grid instability, maintenance, or other unforeseen circumstances. 
  4. The Company shall not be held liable for any damages, losses, or inconvenience resulting from reduced charging speeds, charging interruptions, or inability to charge due to limitations in power supply or station functionality. 
  5. You are solely responsible for monitoring your vehicle’s charging progress and ensuring that it is adequately charged before departure. The Company is not responsible for any consequences arising from failure to do so. 
  6. By using the Service and accessing any EVCS through the associated application or platform, you expressly acknowledge and accept these limitations and agree to be bound by the terms set forth in this section.

Payments, Fees, and Charges

As a User, you agree to: 

• pay all fees incurred through the use of the Apps to access our Electric Vehicle Charging Services (EVCS), as well as any applicable service fees or charges levied by Envision or its Affiliates. 
• promptly review your invoices and notify us in writing of any discrepancies or concerns within twenty-eight (28) calendar days from the date of billing. Failure to do so within the prescribed period shall render the charges as final, valid, and uncontestable. 
• understand that certain fees may be miscalculated due to unpredictable technical issues, including but not limited to charging session interruptions, data transmission errors, or system outages. Any excess charges identified and verified by Envision will be automatically credited back to the built-in Envision Wallet associated with your account. 
• acknowledge that if your account is mistakenly credited or debited with an incorrect amount—whether due to a system error, transactional anomaly, or any other unintended circumstance—Envision reserves the right to correct such errors by reversing or adjusting the affected amount in your Envision Wallet. You will be duly notified of such corrections via email or in-app notification. 
• maintain sufficient funds in your Envision Wallet to cover any applicable fees or charges prior to initiating a charging session. Insufficient wallet balance may result in the denial of service.

Termination of Account

• You may terminate your account at any time through the Apps, provided that no negative balance exists at the time of the termination. In the event that you have a remaining  positive balance upon termination, you expressly acknowledge and agree that we have no obligation to reimburse or refund such remaining balance, and hereby waives any claim thereto. 
• If you breach these Terms, we may take action against you, including but not limited to terminating your account. You acknowledge that we have no obligation to, and will not, reimburse or refund you for any Service lost due to involuntary suspension or termination of your account. 
• We may also close your account after giving notice pursuant to any applicable statutory provisions. 
• In the case of any negative account balance, we may take legal action to collect any unpaid balance and, at the Company’s sole option, all reasonable necessary fees, costs, or other expenses including, without limitation, statutory lawyers’ fees (if any) incurred by us in connection with its collection efforts.

Disclaimer

The Service is provided to you on an "AS IS" and "AS AVAILABLE" basis, without any warranties, express or implied. To the maximum extent permitted by applicable laws, including but not limited to the Civil Code of the Philippines, the Consumer Act (RA 7394), and the E-Commerce Act (RA 8792), the Company, its Affiliates, licensors, and service providers disclaim all warranties, whether express, implied, statutory, or otherwise. This includes, but is not limited to, warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, usage, or trade practice.

The Company makes no guarantees that the Service will: 

• Meet your expectations or specific requirements; 
• Function without errors, interruptions, or security vulnerabilities; 
• Be compatible with other software, applications, systems, or services; 
• Provide completely accurate, up-to-date, or reliable information.

Additionally, the Company does not warrant that the Service, its servers, content, or communications sent from or on behalf of the Company will be free from viruses, malware, Trojan horses, worms, time bombs, or other harmful components.

To the extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from your use of the Service, including but not limited to loss of data, loss of profits, business interruption, or damages resulting from system failures, service interruptions, or cybersecurity breaches.

Certain statutory rights under Philippine consumer protection laws may apply to you, and nothing in this Disclaimer is intended to limit or waive any non-excludable rights you may have under applicable laws. If any part of this Disclaimer is found unenforceable, the remaining provisions shall continue to be valid to the maximum extent permitted by law.

Intellectual Property

All custom graphics, icons, logos, and service names used on the Apps are registered trademarks, service marks, and/or artwork held under copyright of Envision EV or its Affiliates. All other marks are the property of their respective owners. Nothing in these Terms of Service grants you any right to use any trademark, service mark, logo, and/or the name or trade names of Envision EV or its Affiliates.

We reserve the property rights and other rights over this App, including the intellectual property rights and exclusivity over the services provided via this App. Unless the law specifies otherwise, you cannot unduly use, modify, replicate, print, display, reproduce, disseminate, publish, disassemble for translation, or engage in reverse engineering of this App in any part.

Limitation of Liability

To the maximum extent permitted by applicable law, the Company, its Affiliates, suppliers, licensors, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use of the Service, even if the Company has been advised of the possibility of such damages. This includes, but is not limited to: 

• Loss of profits, revenue, or business opportunities 
• Loss, corruption, or unauthorized access to data 
• Business interruptions or system failures 
• Personal injury or property damage 
• Unauthorized access, use, or alteration of transmissions or data 
• Any damages resulting from reliance on, or inability to use, the Service, third-party software, or third-party hardware

Regardless of the circumstances, your sole and exclusive remedy for any claim related to the Service shall be limited to the total amount you have actually paid to the Company for the use of the Service. If you have not made any purchase, the Company’s liability shall be strictly limited to the fullest extent permitted by law.

Certain jurisdictions do not allow the exclusion or limitation of certain damages. If such exclusions or limitations are deemed unenforceable, the Company’s liability shall be limited to the minimum amount legally required under applicable law.

Disputes Resolution

If you have any concerns or disputes regarding the Service, you agree to first attempt to resolve the issue informally by contacting the Company.

If the dispute remains unresolved after 30 days, the Company reserves the right to determine the appropriate course of action, which may include arbitration, mediation, or other dispute resolution mechanisms, at its sole discretion. Any formal dispute resolution proceedings shall take place in Makati City, Philippines, and be governed by Philippine law.

By using the Service, you waive your right to file any class-action lawsuit and agree that any dispute will be handled on an individual basis. The Company also reserves the right to seek injunctive relief or legal remedies in court if necessary to protect its rights and interests.

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

No failure, delay, or omission by the Company in enforcing any right, power, or provision under these Terms shall be deemed a waiver of such right or provision. Any waiver must be made explicitly in writing and signed by an authorized representative of the Company.

A waiver of any breach or default shall not constitute a waiver of any subsequent or similar breach. The Company reserves all rights and remedies available under these Terms and applicable law, and the exercise of any right or remedy shall not preclude the exercise of any other right or remedy.

Changes to Privacy Policy

The Company reserves the right to modify, update, or revise these Terms and the Privacy Policy at any time, at its sole discretion, without prior notice. Any changes shall become effective immediately upon posting on our website or through the Service.

By continuing to use the Service after any modifications, you expressly acknowledge and accept the updated Terms and Privacy Policy. It is your sole responsibility to review these Terms periodically to stay informed of any changes. If you do not agree with any updates, your sole remedy is to discontinue use of the Service.