BYON x Smart Charge Limited-Time Offer Terms and Conditions

1. The byonRIDE loan (“byonRIDE Loan”) under this BYON x Smart Charge Limited-Time Offer (this “Offer”) is offered and provided by ORIX Finance Services Hong Kong Limited (“ORIX”) for its sub-brand – BYON (Money Lender’s Licence No.: 1813/2022), whereas the Smart Charge service plan under this Offer is offered and provided by Smart Charge (HK) Limited (“Smart Charge”).

2. The promotion period of this Offer is from 10 July 2023 to 31 December 2023, both dates inclusive ("Promotion Period").

3. During the Promotion Period, customers may apply for the byonRIDE Loan (“Loan Application”), but the customer must also at the same time apply (“Smart Charge Application”) for a designated Smart Charge EV-Charging Subscription Plan (“Subscription Plan”) with either a 48 months’ or 60 months’ commitment period (“Commitment Period”), on designated BYON website with the promotion code “BYONSC”.

4. The Loan Application is subject to relevant terms and conditions and to the approval of ORIX at its sole discretion.

5. Smart Charge service is only available at Smart Charge’s rollout sites and soon-to-rollout sites, subject to relevant terms and conditions, including, without limitation, the “Terms and Conditions of Smart Charge Service” (available at Smart Charge webpage at www.smartcharge.com.hk). Smart Charge Application is subject to feasibility assessment of the customer’s proposed installation address for the Subscription Plan and to the approval of Smart Charge at its sole discretion.

6. A customer is eligible to apply for the byonRIDE Loan and the Subscription Plan only if:
(i) the customer is at least 18 years old on or before the relevant application date; and
(ii) if the customer is a Hong Kong resident holding a valid Hong Kong Identity Card.

7. Smart Charge will contact the proposed customer upon receipt of his/her Smart Charge Application, in order to arrange for a site inspection and to carry out a feasibility assessment of his/her proposed installation address for the Subscription Plan.

8. Upon approval of the Loan Application, the loan amount for the byonRIDE Loan must be drawn down on or before 31 December 2023.

9. Upon approval of the Smart Charge Application, customers must allow Smart Charge to complete all service installation for the Subscription Plan on or before 1 March 2024.

10. If a customer’s Loan Application is successful but his/her Smart Charge Application is unsuccessful, the customer will still be eligible to draw down the loan amount of his/her byonRIDE Loan.

11. Upon Smart Charge’s approval of the Smart Charge Application and upon successful drawdown of the byonRIDE Loan, customers can enjoy a 20% discount on the monthly service fee of the Subscription Plan throughout the Commitment Period. Customers are required to pay the service fees for the whole of the Commitment Period in one lumpsum payment (“Lumpsum Payment”) - being HK$79,620 for Subscription Plan with 48-month Commitment Period and HK$96,900 for Subscription Plan with 60-month Commitment Period, following drawdown of the byonRIDE Loan. The Lumpsum Payment amounts are calculated based on the discounted monthly service fees of HK$1,440, and inclusive of HK$6,000 service installation fee and HK$4,500 deposit (see Clause 13 for details). Extra usage or service upgrades may be available at additional charges.

12. If a customer’s Smart Charge Application is successful but his/her Loan Application is unsuccessful, the customer will no longer to entitled to this Offer but will still be eligible to subscribe to the Subscription Plan, subject to Smart Charge’s standard terms and conditions (in terms of provisions regarding termination, early termination charge etc). However, the customer will not be entitled to the said 20% discount on the monthly service fee of the Subscription Plan, and will be subject to paying the original price of the monthly service fee for the Subscription Plan on a monthly basis (rather than in one lumpsum as in Clause 11), being HK$1,800 per month for both 48-month Commitment Period and 60-month Commitment Period, throughout the Commitment Period.

13. The HK$6,000 service installation fee is for basic installation only; additional installation fee may incur subject to result of onsite inspection. Upon Smart Charge’s approval of the Smart Charge Application, a customer is required to enter into a designated Smart Charge service contract and the customer shall pay (i) a one-off non-refundable payment of HK$6,000 service installation fee; and (ii) a deposit of HK$4,500, which deposit will be fully refundable upon termination of Smart Charge service with the customer, provided that (a) there is no breach of the Smart Charge service contract; and (b) the customer’s Subscription Plan under this Offer is not terminated prior to the expiry of the Commitment Period (also see Clause 15).

14. ORIX reserves the right to require a customer to refund the discount value obtained under this Offer if the customer makes early settlement before the maturity of the Loan. Customers are required to settle the prepayment of all Loans under this Offer simultaneously and the refund will be subject to the Regular Interest Rate specified in the loan agreement.

15. If a customer’s Subscription Plan under this Offer is terminated for whatever reason (except due to the breach of Smart Charge) prior to expiry of the Commitment Period, there will be no refund of the Lumpsum Payment whatsoever, whereby each of the paid service fees, service installation fee and deposit will not be refunded.

16. Each customer may only enjoy this Offer once within the Promotion Period.

17. This Offer is limited and available on a first-come-first-served basis while stocks last.

18. This Offer cannot be used in conjunction with any other promotions. It is non-exchangeable for cash or any other goods or services, and is non-transferable. However, ORIX and/or Smart Charge may assign any or all of its rights and obligations under this Offer without any restriction.

19. For any suspicious abuse, misuse or fraud, each of ORIX and Smart Charge reserves the absolute right to forfeit the relevant customer’s entitlement to this Offer without prior notice and without providing any reasons.

20. Customers shall provide correct and accurate information for the purpose of this Offer. Neither ORIX nor Smart Charge shall be responsible for any failure or delay in delivery caused by any false, inaccurate or incomplete information provided by any customer.

21. ORIX and Smart Charge shall not be liable for any loss to any customer with any delay, loss, error, unidentified submission of data due to technical problems with computers, smart phones or networks or any other reasons. ORIX and Smart Charge shall under no circumstances whatever be liable to any customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this Offer.

22. ORIX is not the provider of Smart Charge services (including the Subscription Plan). To the maximum extent permitted by applicable law, ORIX shall also not be liable for any losses or damages caused by or in connection with any Smart Charge services (including the Subscription Plan) or any product quality, warranty or suitability issues relating to thereto (whether it relates to performance, after-sale or repair services, use or otherwise). Any enquiries, comments, complaints or disputes relating to Smart Charge service should be directed to Smart Charge, and ORIX shall not be responsible for any such queries or disputes.

23. Smart Charge is not the provider of any ORIX services or product (including the byonRIDE Loan). To the maximum extent permitted by applicable law, Smart Charge shall also not be liable for any losses or damages caused by or in connection with any ORIX services or product (including the byonRIDE Loan) or any product quality, warranty or suitability issues relating to thereto. Any enquiries, comments, complaints or disputes relating to ORIX services or products should be directed to ORIX, and Smart Charge shall not be responsible for any such queries or disputes.

24. Each of ORIX and Smart Charge reserves the right to vary, extend or terminate this Offer and/or these Terms and Conditions without prior notice.

25. If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable under any enactment or rule of law, then that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of any remaining provisions.

26. Unless otherwise expressly stated, no party other than ORIX, Smart Charge and their respective affiliates and the customer will have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623 of the Laws of Hong Kong) to enforce any of the provisions of these Terms and Conditions.

27. Each of ORIX and Smart Charge reserves the right to interpret these Terms and Conditions. In case of disputes, ORIX’s and/or Smart Charge’s decision shall be final, including reserving the right to change any provisions of these Terms and Conditions without prior notice.

28. If there is any inconsistency between a customer’s Smart Charge service contract for the Subscription Plan under this Offer and these Terms and Conditions, Smart Charge’s decision shall be final.

29. Any Chinese translation of these Terms and Conditions is for reference only. In case of any inconsistency, this English version shall prevail.

30. These Terms and Conditions shall be governed by and construed in all respects according to the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”).

31. Customer agrees to irrevocably submit to the exclusive jurisdiction of the Hong Kong courts as regards any proceeding, claim, dispute or matter arising (or which may arise) out of or in connection with or relating to these Terms and Conditions or this Offer.