1 Your acceptance
1.1 These are the terms and conditions (Terms) on which Porsche Taiwan Motors Limited, 37F. No. 68, Sec. 5., Zhongxiao E. Rd., Xinyi Dist., Taipei 11065,. Taiwan 11065 (referred to as Porsche, we, our or us) permits users (referred to as you or your or Customer) to:
(a) use the Porsche Taiwan Charging Service Network of electric vehicle charging stations (Charging Stations), including all electric vehicle service equipment (EVSE), the electric vehicle charging applications it delivers, and all support network infrastructure and services supplied by Porsche in respect of the Charging Stations (Porsche Taiwan Charging Service Network); and
(b) access and use the Porsche Taiwan Charging Service App, which provides data in respect of the Porsche Taiwan Charging Service Network (Porsche Taiwan Charging Service App) and the Porsche website, located at Porsche.com (Website).
1.2 You agree to be bound by these Terms when you:
(a) activate your subscription to use the Porsche Taiwan Charging Service Network with your eligible Porsche battery electric vehicle (see section 1 to 7, 13 to 28);
(b) make ad-hoc usage of Porsche Taiwan Charging Service Network and its EVSE with your eligible Porsche electric vehicle after the end of your subscription
(c) use any piece of EVSE located at a Porsche Charging Station; or
(d) use, browse or access any part of the Porsche Taiwan Charging Service App or Website.
(e) purchase re-subscription to the Porsche Taiwan Charging Service Network
(f) make ad-hoc usage of Porsche Taiwan Charging Service Network and its EVSE.
1.3 If you access a Porsche Charging Station using an electric vehicle (EV) which does not belong to you, the act of doing so will also bind the owner of the EV you are driving and warrant your authority to do so.
1.4 Porsche may from time to time review and update these Terms to take account of new laws, regulations, products, technology or other relevant changes in circumstances and you will be informed in the Porsche Taiwan Charging Service App about any changes to the Terms. If Porsche amends these T&C, the changes will be valid as of acceptance by you. Your use of the Porsche Taiwan Charging Service Network, Porsche Taiwan Charging Service App and Website will be governed by the most recent Terms posted on the Website.
2 Registering an Account
2.1 You may be required to register an account in order to use the Porsche Taiwan Charging Service Network (Account). The Account is created (a) in connection with the vehicle purchase by incorporating these T&C into the separate vehicle purchase agreement, or (b) by acceptance through registration on the Porsche Taiwan Charging Service App or (c) by acceptance at the time of booking one or several Porsche Charging Service services as a framework agreement for the provision, use and booking of Services. The Account alone (that means without any usage of EVSE located at a Porsche Charging Station) does not impose any purchase obligation and/or payment obligation on the Customer.
2.2 You warrant that all information and data provided by you in the registration process is accurate, complete and up to date. You will promptly inform Porsche if there is any subsequent change to this information or data.
CHAPTERS THREE TO SEVEN ARE FOR PORSCHE CUSTOMER INITIAL SUBSCRIPTION.
3 Activating an Account (Activation of Porsche Taiwan Charging Service Subscription)
3.1 The Account is activated during vehicle handover process of eligible Porsche battery electric vehicles (BEV) from the dealership to you, after your purchase of such a vehicle. For eligible Porsche BEV the handover date and account activation also mark the beginning of your 24-month Porsche Taiwan Charging Service subscription as part of your vehicle purchase (Subscription).
3.2 By activating an Account, you warrant to us that:
(a) you are at least 18 years of age and have full power and capacity to register and control all EVs whose VINs are associated with your Account and will notify Porsche in the event that you no longer register or control an EV so that the VIN can be removed from your Account; and
(b) you are at least 18 years of age and are authorized by primary user defined in 4.1 to have the legal right to enter into, and use the Porsche Taiwan Charging Service Network, the Porsche Taiwan Charging Service App and the Website in accordance with, these Terms.
3.3 You agree to be financially responsible for all of your use of the Porsche Taiwan Charging Service Network (as well as for use by others of the Porsche Taiwan Charging Service Network to charge your EV), and to pay all applicable fees for access to a Charging Station initiated by you or attributed to an EV which is associated with your Account. In particular, you agree to:
(a) promptly review your payment method statement (such as your credit card statement), which you had entered during account creation or activation, and notify Porsche customer service in writing of any questions regarding fees. Fees not questioned by this method within 30 days of the applicable statement date will be deemed valid; and
(b) promptly update your account information with any changes to your name, email address, mailing address, telephone number and any applicable credit card information. Account information can be updated by contacting Porsche at Porsche.com or through the Porsche Taiwan Charging Service App or the Website (if applicable).
3.4 In the event that payment on your credit card or other payment method is declined, Porsche may suspend your subscription, i.e. temporarily deactivate your account until all outstanding balances have been settled. Failure to settle outstanding balances after notification by Porsche in the timeframe specified by Porsche may lead to termination of your subscription and account; see also section 15 (Termination).
4 Primary- and secondary users, interested parties
4.1 A Primary user in relation to an eligible vehicle (that is a Porsche battery electric vehicle with a valid Porsche Taiwan Charging Service subscription) is the Customer who is either (a) the owner, (b) the keeper of the vehicle and/or (c) a member of a user group which is explicitly permitted by the Porsche Taiwan Charging Service to be a primary user (in particular lessees or employees which are provided with a company car). Each eligible vehicle has one primary user. For a primary user the complete scope of functions of the Porsche Taiwan Charging Services is available. The primary user is responsible for any fees that accrue out of the usage of the Charging Service, regardless of usage by the primary user or any secondary users. Any fees will be charged to the primary user’s stored credit card.
4.2 A Secondary user in relation to an eligible vehicle is a Customer, who is not a primary user but who is authorized as secondary user by the primary user, such as a family member. For a secondary user the complete scope of functions of the Porsche Taiwan Charging Services is available.
4.3 Interested party is a Customer who is neither primary nor secondary user in relation to at least one eligible vehicle (in particular a potential purchaser of a Porsche Taiwan Charging Service eligible vehicle). The only functions available to an interested party (if any), will be a limited selection of Porsche Taiwan Charging Service App functions (in particular the booking and usage of Porsche Charging Stations and EVSE by interested parties is not possible).
5 Porsche Taiwan Charging Service Subscription
5.1 Primary and secondary users of the Porsche Taiwan Charging Service enjoy 24-months of access to the services of the Porsche Taiwan Charging Service starting on the date of the vehicle handover and activation of your account.
5.2 Before the end of your 24-month Subscription, you will be offered the option to purchase a re-subscription via the Porsche Taiwan Charging Service App, Porsche Website and/or other means in order to continue your usage of the Porsche Taiwan Charging Service.
5.3 Availability, description, term and prices of the Porsche Taiwan Charging Service re-subscription will be detailed in the Porsche Taiwan Charging Service App, Porsche Website and/or any other Sales channel and may be specified in the further terms of use. The availability of Porsche Taiwan Charging Service services depends on the equipment of the respective vehicle.
5.4 The Porsche Taiwan Charging Service Re-subscription booked by the relevant Primary User are vehicle-bound and may not be transferred to another vehicles or be used in another vehicle. This also applies if the Primary User of the respective vehicle is also a Primary User of another vehicle at the same time.
5.5 Accounts of Customers, who do not purchase re-subscription, after the end of the respective 24-month Subscription, will be suspended, i.e. accounts of primary and secondary users will be converted to accounts for interested parties and can no longer book or use Porsche Charging Stations or EVSE.
5.6 Porsche reserves the right to additionally offer customers pay-per-use access to the Porsche Taiwan Charging Service Network allowing customers ad-hoc charging, i.e. account activation for a single usage of the Porsche Taiwan Charging Service Network subscription. After single usage, accounts of pay-per-use users will be converted to accounts for interested parties and can no longer book or use Porsche Charging Stations or EVSE.
5.7 Porsche Taiwan reserves the right to partner with third-party charging service providers to integrate third-party charger information into the Porsche Taiwan Charging Service App to provide customers with better charging service experience. Please check the Porsche Taiwan Charging Service App for cooperation detail.
6 Use of Services & Fair Use Policy
6.1 You may not use the Services for illegal purposes and you will not permit any third party to do so. You are not entitled to process the data and information received during the use of the Services for business purposes or to disclose such data and information to any third parties for business purposes.
6.2 You agree to use the Porsche Taiwan Charging Service only for the vehicle linked to the Porsche Taiwan Charging Service Subscription and not for any other vehicles. You further agree to avoid excess usage, being defined as charging more than 6,000 kWh over the 24-month Subscription. Customers with normal driving and charging behavior will usually not reach this maximum level. Should you for whatever reasons come close to this level, then Porsche Taiwan will inform you early on. Should excessive usage continue after such notification, then Porsche Taiwan may reserve the right to charge a compensation, throttle the charging speed at Porsche EVSE or terminate your Subscription (see No. 20).
6.3 You acknowledge that in connection with the use of Services certain data - potentially also personal data - will be collected in order to provide the Services to you. It may for example be necessary for the provision of the Porsche Taiwan Charging Service to collect the status of certain parts of the vehicle or to collect data on the environment and to analyze such data. For these purposes, such data may also be transferred to other Porsche entities and other third parties that are engaged by Porsche or other Porsche entities in this context. You acknowledge and agree to our Privacy Policy: https://www.porsche.com/taiwan/en/aboutporsche/e-performance/privacypolicy/
6.4 If you are a customer who signs vehicle sales contract with dealer after January 1, 2023, your right to the Porsche Taiwan Charging Service is adjusted to 24 months from the delivery of the car or up to 3,000 kWh free usage (whichever comes first), the rest of the terms of this contract remain unchanged.
7 Sale and/or permanent transfer of the vehicle; Transfer of the Porsche Taiwan Charging Service
7.1 In case of sale or permanent transfer of your BEV to a third party (hereafter referred to as Used-Car Purchaser) the Primary User has (1) to delete the respective Vehicle Link in the Porsche Taiwan Charging Service App and/or website and (2) to inform the Used-Car Purchaser of any existing Porsche Taiwan Charging Service subscription for the respective eligible vehicle.
7.2 In case of sale or permanent transfer of an eligible vehicle, the Primary User - in addition to his/her transfer rights pursuant to No. 7 - may in case no further vehicle is linked to the Porsche Taiwan Charging Service account, may also transfer the Porsche Taiwan Charging Service account as a whole by giving notice to Porsche Taiwan at least 2 weeks prior to the end of the month in which transfer is to occur. Insofar as a Porsche Taiwan Charging Service account is transferred before the end of its term pursuant to section 5.1, there will be no reimbursement (not even proportionally) of amounts already paid prior to the date of transfer. The Used-Car Purchaser may however make use of the remaining term if he/she creates a Porsche Taiwan Charging Service account and activates the account. The primary user is free to make an arrangement with the Used-Car Purchaser with respect to a possible compensation in the amount of the remaining value of the Porsche Taiwan Charging Service subscription. Nothing in this No. 7.2 shall affect the right of withdrawal set out in No. 19.
7.3 Porsche Taiwan Charging Service subscriptions linked to existing customer accounts may not be transferred to a third party without Porsche's approval.
7.4 Whereas the Primary User fails to process or complete the measures mentioned in 7.1, Porsche is not liable for any loss or damages include but not limited to data infringement or violation.
CHAPTERS EIGHT TO TWELVE ARE FOR PAY-PER-USE/Voucher.
8 Activating an Account (Activation of Porsche Taiwan Charging Service Pay-per-use/Voucher)
8.1 For owners of Porsche BEVs, you may choose to activate the account for pay-per-use/voucher at any time after the end of the initial vehicle subscription period
8.2 By activating an Account, you warrant to us that:
(a) you are authorised and have full power and capacity to register and control all EVs whose VINs are associated with your Account and will notify your dealership in the event that you are no longer authorised to register or control an EV so that the VIN can be removed from your Account; and
(b) you are at least 20 years of age and possess the legal authority to enter into, and use the Porsche Taiwan Charging Service Network, the Porsche Taiwan Charging Service App and the Website in accordance with, these Terms.
8.3 You agree to be financially responsible for all of your use of the Porsche Taiwan Charging Service Network (as well as for use by others of the Porsche Taiwan Charging Service Network to charge your EV), and to pay all applicable fees for access to a Charging Station initiated by you or attributed to an EV which is associated with your Account. In particular, you agree to:
(a) promptly review your payment method statement (such as your credit card statement), which you had entered during account creation or activation, and notify Porsche customer service in writing of any questions regarding fees. Fees not questioned by this method within 30 days of the applicable statement date will be deemed valid; and
(b) promptly update your account information with any changes to your name, email address, mailing address, telephone number and any applicable credit card information. Account information can be updated by contacting your dealership or through the Porsche Taiwan Charging Service App.
8.4 In the event that payment on your credit card or other payment method is declined, Porsche may suspend your access to Porsche Taiwan Charging Service, i.e. temporarily deactivate your account until all outstanding balances have been settled. Failure to settle outstanding balances after notification by Porsche in the timeframe specified by Porsche may lead to termination of your subscription and account; see also section 20 (Termination).
9 Primary- and secondary users, interested parties
9.1 A Primary user in relation to an eligible vehicle (that is a Porsche with an active pay-per-use/voucher account) is the Customer who is either (a) the owner, (b) the keeper of the vehicle and/or (c) a member of a user group which is explicitly permitted by the Porsche Taiwan Charging Service to be a primary user (in particular lessees or employees which are provided with a company car). Each eligible vehicle has one primary user. For a primary user the complete scope of functions of the Porsche Taiwan Charging Services is available. The primary user is responsible for any fees that accrue out of the usage of the Charging Service, regardless of usage by the primary user or any secondary users. Any fees will be charged to the primary user’s stored credit card.
9.2 A Secondary user in relation to an eligible vehicle is a Customer, who is not a primary user but who is authorized as secondary user by the primary user, such as a family member. For a secondary user the complete scope of functions of the Porsche Taiwan Charging Services is available.
9.3 Interested party is a Customer who is neither primary nor secondary user in relation to at least one eligible vehicle (in particular a potential purchaser of a Porsche Taiwan Charging Service eligible vehicle). The only functions available to an interested party (if any), will be a limited selection of Porsche Taiwan Charging Service App functions (in particular the booking and usage of Porsche Charging Stations and EVSE by interested parties is not possible).
10 Porsche Taiwan Charging Service Pay-per-use/Voucher
10.1 Pay-per-use/voucher users of the Porsche Taiwan Charging Service enjoy ad-hoc access to the services of the Porsche Taiwan Charging Service starting on the date of the activation of your account.
10.2 Access of pay-per-use to Porsche Taiwan Charging Service has no end date except sale or permanent transfer of BEV or termination subject to section 20.
10.3 Access of voucher to Porsche Taiwan Charging Service has an end date on March 31, 2022. Changes may be made by PTW at its own discretion but subject to prior consultation of AVT.
10.4 The Porsche Taiwan Charging Service are vehicle-bound and may not be transferred to another vehicles or be used in another vehicle. This also applies if the Primary User of the respective vehicle is also a Primary User of another vehicle at the same time.
11 Use of Services & Charging Service Fees
11.1 You may not use the Services for illegal purposes and you will not permit any third party to do so. You are not entitled to process the data and information received during the use of the Services for business purposes or to disclose such data and information to any third parties for business purposes.
11.2 You agree to use the Porsche Taiwan Charging Service only for the vehicle linked to the Porsche Taiwan Charging Service pay-per-use/voucher account and not for any other vehicles.
11.3 You acknowledge that in connection with the use of Services certain data - potentially also personal data - will be collected in order to provide the Services to you. It may for example be necessary for the provision of the Porsche Taiwan Charging Service to collect the status of certain parts of the vehicle or to collect data on the environment and to analyze such data. For these purposes, such data may also be transferred to other Porsche entities and other third parties that are engaged by Porsche or other Porsche entities in this context. You acknowledge and agree to our Privacy Policy at: https://www.porsche.com/taiwan/en/aboutporsche/e-performance/privacypolicy/
11.4 Porsche reserves the right to set prices for pay-per-use usage of Porsche EVSE at its own discretion. Prices (NTD per kWh) will be displayed to you in the app prior to starting your charging session, accumulated cost of a charging session will be visible to you in the app during your charging session and total fees for the charging service will be displayed to you in the app and on the charger after your charging session. The primary user (see section 9) is responsible for settling any and all charging service fees in full. In case your stored payment method no longer valid, you will be prompted to enter new payment information in order to settle outstanding fees. You will not be able to use Porsche EVSE as long as any fees are outstanding.
12 Sale and/or permanent transfer of the vehicle; Transfer of the Porsche Taiwan Charging Service
12.1 In case of sale or permanent transfer of your BEV to a third party (hereafter referred to as Used-Car Purchaser) the Primary User has (1) to delete the respective Vehicle Link in the Porsche Taiwan Charging Service App and/or website and (2) to inform the Used-Car Purchaser of any existing access to Porsche Taiwan Charging Service for the respective eligible vehicle.
12.2 In case of sale or permanent transfer of an eligible vehicle, the Primary User - in addition to his/her transfer rights pursuant to No. 12 - may in case no further vehicle is linked to the Porsche Taiwan Charging Service account, may also transfer the Porsche Taiwan Charging Service account as a whole by giving notice to Porsche Taiwan at least 2 weeks prior to the end of the month in which transfer is to occur.
12.3 Porsche Taiwan Charging Service pay-per-use/voucher linked to existing customer accounts may not be transferred to a third party without Porsche's approval.
12.4 Whereas the Primary User fails to process or complete the measures mentioned in 12.1, Porsche is not liable for any loss or damages include but not limited to data infringement or violation.
CHAPTERS THIRTEEN TO TWENTY-EIGHT ARE FOR BOTH PORSCHE CUSTOMER INITIAL SUBSCRIPTION AND PAY-PER-USE/VOUCHER.
13 Provision of Charging Stations
13.1 Porsche may, from time to time, make available the Charging Stations for use by Account holders to charge their EV. However, we reserve the right, at our absolute discretion and at any time, to refuse or suspend access to any or all Charging Stations to any person (including but not limited to any person found to be in breach of these Terms).
13.2 Porsche may suspend the use of the Porsche Taiwan Charging Service Network, or any Charging Station or EVSE, at any time without notice, including, if:
(a) one or more piece of EVSE equipment requires maintenance or upgrading;
(b) we have a reasonable belief that the Porsche Taiwan Charging Service Network is being used unethically, unlawfully or contrary to any law or regulation; or
(c) provision of the Porsche Taiwan Charging Service Network is disrupted or prevented as a result of an event outside Porsche’s reasonable control or for safety reasons.
13.3 Porsche does not guarantee, and is under no obligation to ensure, the availability, compatibility with your EV, or performance of Charging Stations, nor does it promise to provide an uninterrupted electricity supply to Charging Stations. Porsche does not guarantee that connecting your EV to one of our Charging Stations will result in a successful and timely recharge of your EV’s battery or batteries.
13.4 Porsche aims (but owes you no obligation) to keep Charging Stations free from any faults, errors or defects. If there are any faults or you have any issues with any Charging Station, please contact us as soon as possible. You can call our customer services team at 0800-718-911 or contact us online at Porsche.com.
14 EVSE Idle Fee
14.1 You agree that you will remove your EV from a Charging Station promptly at completion of charging or the end of the charging session, and ensure that access to the EVSE and Charging Station is cleared to allow other users to use the EVSE and Charging Station.
14.2 Porsche grants you 5 minutes after the completion of the charging session (battery fully charged/charged to set maximum level or session stopped by you) to remove your EV from a Charging Station (Grace Period). You acknowledge that you may incur an idle fee of NTD 15 per minute for the time your EV remains parked in a charging stall after the Grace Period. To avoid idle fees, we recommend you monitor your EV while using a Charging Station and use the Porsche Taiwan Charging Service App to track your EV’s charge status.
15 Use of Porsche Taiwan Charging Service App
15.1 You may access and use the Porsche Taiwan Charging Service App or the Website to obtain information regarding Charging Station locations and other content and features that Porsche may make available. Use of the Porsche Taiwan Charging Service App and the Website is subject to these Terms, Porsche’s privacy policy (available at Porsche.com) and any relevant mobile application terms and conditions entered into at the time of downloading the Porsche Taiwan Charging Service App.
15.2 You are responsible for all use of the Porsche Taiwan Charging Service App under your Account name.
16 Content of Porsche Taiwan Charging Service App and Website
16.1 The Porsche Taiwan Charging Service App and Website are owned and operated by or on behalf of Porsche.
16.2 All intellectual property rights including but not limit to copyright and patents, in the information, comment, content, communication, advice, text, trade marks, logos, service names and trade names of Porsche, images of people or places or other content (Content) contained in the Porsche Taiwan Charging Service App, on the Website or otherwise provided to you by Porsche are owned or licensed by Porsche.
16.3 The Content in the Porsche Taiwan Charging Service App and on the Website and any other information provided to you is for general information purposes only. You acknowledge and agree that, while Porsche has attempted to provide accurate information through the Porsche Taiwan Charging Service App and on the Website, such information may change frequently and in no event will Porsche be responsible for the accuracy, usefulness or completeness of the Content in the Porsche Taiwan Charging Service App and on the Website, nor does it warrant that any such Content is the most current version thereof. Porsche does not warrant or make any representations as to any third party products or services described or referred to in the Porsche Taiwan Charging Service App, on the Website or otherwise. Any use of the Content by another person or organisation is at the user’s own risk.
16.4 The Content in the Porsche Taiwan Charging Service App and on the Website is obtained and developed from a variety of sources including but not limited to collaborations with third parties and information provided by third parties under license. Inclusion of Content in the Porsche Taiwan Charging Service App or on the Website is not an endorsement of any organisation, product or service.
16.5 Porsche may modify any information in the Porsche Taiwan Charging Service App or on the Website (including Content) at our absolute discretion for any reason, without notice. All updates and modifications to the Porsche Taiwan Charging Service App or the Website (including Content) will be subject to these Terms.
16.6 If you have a complaint regarding any Content in the Porsche Taiwan Charging Service App or on the Website, Porsche’s sole obligation will be to review any written complaint notified to it and, if it sees fit, in its sole discretion, to modify or remove the particular Content.
17 Links on the Website
17.1 The Website may contain links to other websites. We have not reviewed all of the third party websites linked on the Website and are not responsible for their content or accuracy. Porsche provides those links as a ready reference for searching for third party goods and services on the internet and not as an endorsement, support or sponsorship of those websites, their operators, the goods, services or content that they describe.
17.2 Facebook and other websites, which are linked to the Website, are not covered by these Terms, and may have their own terms and conditions and privacy policy. If you choose to access any linked sites, you do so at your own risk. Porsche is not responsible for and will not be liable in respect of the content or operation of those websites or any of the goods, services or content that they describe. Porsche is not responsible for and will not be liable in respect of any incorrect link to an external website.
18 Access to Porsche Taiwan Charging Service App and Website
18.1 Porsche does not warrant that you will have continuous access to the Porsche Taiwan Charging Service App or Website. Porsche will not be liable if the Porsche Taiwan Charging Service App or Website are unavailable to you due to computer downtime attributable to malfunctions, upgrades, preventative or remedial maintenance activities or interruption in telecommunications supply.
18.2 Porsche does not guarantee the delivery or security of communications over the internet as such communications rely on third party service providers, and electronic communication (including electronic mail) is vulnerable to interception by third parties.
18.3 Whilst Porsche takes reasonable precautions to protect information transmitted via the Porsche Taiwan Charging Service App and Website, Porsche cannot and does not guarantee the security or confidentiality of these communications or the security of the Porsche Taiwan Charging Service App or Website.
18.4 Porsche does not provide, and has no control over, communications, networks or services, the internet or other technology required or used across the Porsche Taiwan Charging Service App or Website and accepts no responsibility for any direct or indirect loss in any form associated with them, whether due to congestion, technical malfunction, viruses or otherwise.
19 Right of withdrawal for consumers and other terms that apply to consumers
19.1 You have a right of withdrawal for a period of 7 days after creating an account or activating your subscription pursuant to No. 2.1 and 3.1. Information about the right of withdrawal, and instructions on how to exercise that right are set out below:
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 7 days without giving any reason. The withdrawal period will expire after 7 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Porsche Taiwan Motors Limited - 37F. No. 68, Sec. 5., Zhongxiao E. Rd., Xinyi Dist., Taipei 11065,. Taiwan 11065, E-mail address: PTW-CustomerFeedback@porsche.tw) of your decision to withdraw from this contract by an unequivocal statement in writing (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you for any Porsche Taiwan Charging Service re-subscription or ad-hoc charging as outlined in No. 5.2 and 5.6, respectively without undue delay and in any event not later than 31 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract. Reimbursement of the original 24-month Porsche Taiwan Charging Service subscription is excluded from this No. 19.1 as it is part of the original vehicle purchase and not sold separately.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To Porsche Taiwan Motors Limited - c/o Porsche Taiwan Motors Limited- 37F. No. 68, Sec. 5., Zhongxiao E. Rd., Xinyi Dist., Taipei 11065,. Taiwan 11065, E-mail address: PTW-CustomerFeedback@porsche.tw:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on(*)/received on (*),
Name of customer(s),
Address of the customer(s),
Signature of the customer(s) (only if this form is notified on paper),
Date
__________
(*) Delete as appropriate
19.2 Any charges stated to be payable for the Porsche Taiwan Charging Service shall be expressed inclusive of VAT.
19.3 We are under a legal duty to supply services that are in conformity with these T&C. Nothing in these T&C will affect your legal rights.
20 Termination of your Account
20.1 Porsche may at any time immediately suspend and/or terminate your Account, including restricting access to the Porsche Taiwan Charging Service Network, the Porsche Taiwan Charging Service App or any feature of the Porsche Taiwan Charging Service App or the Website, due to your breach or alleged breach of these Terms without prior notice. Any indemnities given by you and any limitations of our liability survive such termination.
20.2 You may terminate your Account at any time by providing Porsche with written notice.
20.3 Following any termination, you will remain responsible for any and all unpaid fees and charges associated with your Account. If such unpaid fees and charges are not promptly remitted, you may become liable for additional service charges, fees or penalties, and you may be subject to collection actions for any unpaid balance.
21 Indemnity
21.1 You will fully indemnify Porsche in respect of all loss, damage, costs, expenses (including legal fees on a full indemnity basis), fines, penalties, claims, demands and proceedings howsoever arising, whether at common law (including negligence) or under statute, in connection with any breach of these Terms by you.
22 Liability
22.1 Porsche accepts no liability for the accuracy of data and information provided via the Services by third parties.
22.2 This No. 22.2 shall apply only where the Customer is not a "consumer" (as such term is explained in No. 19.1, above):
(a) Nothing in these T&C shall exclude or limit either party's liability for (i) fraud; (ii) death or personal injury caused by its gross negligence; or (iii) any other liability which cannot be excluded or limited by applicable laws.
(b) Subject to No. 22.2.(a), Porsche shall have no liability whether in contract, tort (including negligence) breach of statutory duty or otherwise for (i) loss of revenue; (ii) loss of actual or anticipated profits; (iii) loss of anticipated savings; (iv) loss of business; (v) loss of opportunity; (vi) loss of goodwill; (vii) loss of reputation; (viii) loss of, or damage to or corruption of data; or (ix) any indirect or consequential loss or damage howsoever caused and whether such loss or damage was foreseeable or in the contemplation of the parties.
(c) Subject to No. 22.2.(a), Porsche's total aggregate liability whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in relation to, these T&C, shall be limited to 100% of the charges paid and payable in the 12 months prior to the act (or failure to act) giving rise to the claim.
22.3 This No 22.3 shall only apply where the Customer is a "consumer":
(a) Nothing in these T&C shall exclude or limit Porsche's liability for (i) fraud; (ii) death or personal injury caused by its gross negligence; or (iii) any other liability which cannot be excluded or limited by applicable laws.
(b) To the fullest extent permissible under applicable law, Porsche disclaims any statutory implied terms of any kind, whether express or implied, in relation to the Services. This does not affect your statutory rights as a consumer, nor does it affect your right of withdrawal in No.19 If you are a consumer, we only supply the products to you for domestic and private use and we are not liable for business losses.
(c) Subject to No. 22.3.(a) and 22.3.(b), Porsche's total aggregate liability whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in relation to, these T&C, shall be limited to 100% of the charges paid and payable in the 12 months prior to the act (or failure to act) giving rise to the claim.
23 Warranties, consumer guarantees and limitation of liability
23.1 Your use of the Porsche Taiwan Charging Service Network, Porsche Taiwan Charging Service App and Website is at your own risk. Porsche’s services are provided on an ‘as is’ and ‘as available’ basis.
23.2 Any representation, warranty, condition, guarantee or undertaking that would be implied in these Terms in relation to any service supplied by Porsche by legislation, common law, equity, trade, custom or usage is excluded to the maximum extent permitted by law, including any implied warranties of acceptable quality or fitness for a disclosed purpose.
23.3 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on you by Consumer Protection Act or any other applicable law that cannot be excluded, restricted or modified by agreement.
23.4 Porsche will not be liable to you for any damage of any kind to your EV whatsoever, arising from a failure by you to exercise reasonable care or comply with the requirements of the EV manufacturer’s handbook or with Porsche’s instructions. To the maximum extent permitted by law, you agree to hold Porsche harmless against any liability, claims, proceedings, costs, expenses and damages which Porsche may suffer or incur as a result of a failure by you to comply with one or more of the following: the EV manufacturer’s handbook, Porsche’s instructions, or your obligations under any applicable laws and regulations.
23.5 Porsche will not be liable to you for any loss or damage to you or your EV, indirect, incidental, special or consequential loss or damage, loss of profits or anticipated profits, economic loss, loss of business opportunity, loss of data, loss of reputation or loss of revenue (irrespective of whether the loss or damage is caused by or relates to breach of contract, tort (including negligence), statute or otherwise) arising in connection with your use of the Porsche Taiwan Charging Service Network, the Porsche Taiwan Charging Service App, the Website and all links to or from the Website unless, and to the extent that, such damage or loss is directly caused by:
(a) the gross negligence of Porsche; or
(b) the fraud or willful breach by Porsche of any of its obligations under these Terms,
provided that such loss or damage is reasonably foreseeable and is not caused by something beyond Porsche’s control (including, for the avoidance of doubt, any act or omission of any third party, any force majeure event, any incompatibility of your EV with the EVSE, the enforcement of parking restrictions by law enforcement officials, or any breach by you of these Terms).
24 Privacy
24.1 In registering for an Account and using the Porsche Taiwan Charging Service Network, Porsche Taiwan Charging Service App or Website, you may provide certain personal information to Porsche and you agree that any information collected by Porsche may be accessed or collected for use by Porsche or any of its related companies or business partners in the course of its business (including direct marketing activities) in accordance with Porsche’s privacy policy (available at Porsche.com and subject to change from time to time in accordance with its terms).
25 Data protection
25.1 The Customer is obliged to inform drivers of a vehicle for which a Subscription to the Porsche Taiwan Charging Service or an active pay-per-use/voucher account exists of the privacy policy of Porsche and the possibility of the collection of their personal data during the use of the Porsche Taiwan Charging Service.
25.2 Further information can be found in the privacy policy under https://www.porsche.com/taiwan/en/aboutporsche/e-performance/privacypolicy/.
26 Severability
26.1 Each provision of these Terms is severable from the others and no severance of a provision will affect any other provision.
27 Contacting us
27.1 If you have questions about the Porsche Taiwan Charging Service Network, the Porsche Taiwan Charging Service App, the Website or these Terms, please contact us. Our contact details can be found on Porsche.com.
28 Final provisions
28.1 These T&C are governed by the laws of Taiwan, R.O.C. each party irrevocably agrees to submit to the jurisdiction of Taipei District Court as the court of first instance over any claim or matter arising under or in connection with these T&C.
28.2 The rights you have under these T&C are in addition to and do not affect the legal rights and remedies you are entitled to under applicable consumer protection law. In the event of conflict between these general terms and conditions and applicable consumer protection law, your legal rights under applicable consumer protection law shall prevail.
28.3 Information regarding the online dispute resolutions for consumer disputes or regarding alternative dispute resolution for consumer disputes can be found here: https://www.porsche.com/taiwan/en/legal-notice/.
28.4 Except as expressly provided in these T&C, a person who is not a party to these T&C shall not have any rights to enforce any term of these T&C.