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Welcome to the ChargeHub and Mogile Websites and Application. We thank you for using our Services, and are confident that you will find them useful.
By visiting and / or using any of the Services, by clicking or tapping the acceptance button upon purchasing a Product or signing up for an account, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Services, and if you are making an order to purchase a Product, you should not proceed with your order. The TOU are a legal and binding agreement between you and us.
In the context of the Application, these TOU may also be referred to as, and are equivalent to, an “End User License Agreement” or “EULA”.
Mogile reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Services following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account, or by posting a prominent notice on the Websites and in the Application.
The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Services.
If you have any questions about the TOU, please contact:
Mogile Legal
legal@mogiletech.com
or:
Mogile Legal
16647 Hymus Boulevard,
Kirkland, QC
Canada
H9H 4R9
If you have any questions about your purchase of a Product, please contact:
ChargeHub Customer Service
1-888-400-0164
or
support@chargehub.com
These TOU cover several different Websites, Applications and situations, so please refer to the following definitions for clarification:
“Application” refers to the free app for iOS or Android created and owned by Mogile, which allows you to use certain of the Services. Application also includes any Application updates and upgrades that Mogile may provide to you or make available, or that you obtain after the date you obtain the initial copy of the Application, to the extent that such items are not accompanied by a separate TOU. The Application may be specified as either “iOS Application” or “Android Application”, for use with respect to the Application’s operating system environment.
“Charging Station” refers to a publicly-available station where you may charge your electric vehicle or plug-in hybrid vehicle, or a private station shared by a Logged-in User for use by other Services Users.
“CPO” refers to a Charge Point Operator, the owner and / or operator of Charging Stations.
“Device” refers to the handheld or tablet device, or any other computing device capable of accessing the internet (such as through your automobile) on or through which you are accessing and using the Services, or portions thereof.
“Mogile” refers to Mogile Technologies Inc., a Quebec corporation located in Montreal, Canada at the address listed above. Where the present TOU refer to “Mogile” they may refer to Mogile Technologies Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, or “us” in these TOU shall also refer to Mogile.
“Products” refers the chargers, accessories or other available products you can purchase through the Services at Mogile online stores.
“Services” refer to the entirety of the online services provided to you by Mogile, including the Websites and Application, no matter how they are accessed. The Services available to you may vary depending on your location, your account, how you are accessing them and other factors; however, the present TOU cover any and all of the Services.
“Users” refers to anyone using any of the Services. In these TOU, a Services User may also be referred to as “you”. When a Services User has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Services User has made a purchase of a Product, they may be referred to as a “Purchaser”.
“Websites” refers to all of the Websites which are owned and operated by Mogile, and includes all their respective subdomains and subpages, present and future. The present TOU cover your visiting or use of any and all of the Websites. The Websites are currently limited to the following:
Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy, and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy.
By visiting and / or using any of the Services, you agree to:
Where you are accessing or downloading User Content of another User, you acknowledge that any use of User Content accessed or downloaded by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom and Mogile disclaims any responsibility in this regard.
If you as a Services User believe that a Logged-in User has posted User Content that violates this User Content Policy, please contact us at support@chargehub.com so that we may conduct an inquiry. Mogile retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.
Depending on the User Content, User Content may or may not be edited, curated or otherwise modified or checked by Mogile prior to posting. Mogile reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy, or for any other legitimate reason.
Mogile and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard. To the fullest extent permitted by law, Mogile assumes no liability or responsibility to any person with respect to any User Content including, but not limited to, defamation, errors, obscenity, falsehoods or omissions that may be encountered within any User Content.
From time to time the Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Services. While we will endeavour to make this unavailability as brief as possible, Mogile and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Services, and disclaims any responsibility thereto.
You agree that Mogile, in its sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials or otherwise suspend or terminate your access to the Services (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if Mogile believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.
Mogile may also, in its sole discretion and at any time, discontinue providing the Services, or any portion thereof, with or without notice. You agree that Mogile or its Representatives shall not be liable to you or any third party for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from termination of your access to the Services, or from Mogile’s termination of the Services, or any portion thereof.
You may also choose to terminate your access to the Services by cancelling your account. If you wish to cancel your account, please contact us at support@chargehub.com.
Termination of the Services or your access to the Services shall terminate the present TOU as between you and Mogile. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation intellectual property provisions, disclaimers, indemnity and limitations of liability.
You expressly understand and agree that your use of the Services, the information or material thereon (whether provided by Mogile or third parties) or any activity arising from your use of the Services or the information thereon (including but not limited to your use of a Charging Station or a purchased Product) or the materials streamed or downloaded therefrom is at your sole risk. The Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or device or loss of data that results from the download or access of any material obtained through the use of the Services or any other functionalities of the Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Services or the information thereon (including but not limited to your use of a Charging Station or a purchased Product) or any materials downloaded therefrom.
The information or resources provided through the Services, written or produced by Mogile staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information on the Services is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and Mogile and / or its Representatives shall not be responsible for any loss or damage, direct or indirect, pecuniary or otherwise, resulting from changes or errors in information, or any omission, on the Services.
Except as provided for in the warranties for Products, Mogile expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Mogile and its Representatives do not warrant that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Services is free of viruses or other harmful components; (iv) functionalities of the Services will be available or will work equally in desktop and mobile environments, or on different Device types; or (v) the results of using the Services, or any activity arising therefrom (including but not limited to your use of a Charging Station or a purchased Product), or any content downloaded therefrom will meet your requirements.
To the extent permitted by law, Mogile shall not be liable and assumes no responsibility for any loss or damages whether pecuniary or otherwise arising from or relating to the information available through the Services or downloaded therefrom, the use of the Services, activities arising from your use of the Services (including but not limited to your use of a Charging Station or a purchased Product), or any third-party materials on the Services or available through the Services.
To the maximum extent permitted by law, in no event will Mogile or its Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Services or your use, misuse or inability to use the Services, even if Mogile has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.
Notwithstanding any other term of the TOU or any act or failure to act by Mogile or its Representatives, you agree to indemnify, defend and hold harmless Mogile and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Services or the information thereon or information or materials downloaded therefrom; (ii) your participation in any activities arising from the Services (including but not limited to your use of a Charging Station or a purchased Product), the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.
These TOU, and your use of the Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the Federal laws of Canada applicable therein in force at the time without regard to conflict of law provisions. Without limiting the generality of the foregoing governing law, Mogile’s practises with respect to the purchase of Products online are designed to be in conformity with Quebec’s Consumer Protection Act (R.S.Q. c. P-40.1), and its related regulations.
You agree that any legal action or proceeding between you and Mogile shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada. Notwithstanding the foregoing, Mogile shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.
© Mogile Technologies Inc., 2024