(Last modified on October 12, 2020)
1. Welcome; Acceptance and Modifications; Contacting Us
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.
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.
If you have any questions about the TOU, please contact:
315 Brunswick, Suite 200
If you have any questions about your purchase of a Product, please contact:
ChargeHub Customer Service
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:
- ChargeHub website located at the URL https://chargehub.com
- Mogile Technologies website located at the URL https://www.mogiletech.com
3. General Code of Conduct for Use of the Services
By visiting and / or using any of the Services, you agree to:
- Not use the Services in any manner that in any way violates these TOU or any other applicable policy posted on the Services by Mogile;
- Not use the Services in any manner that violates any intellectual property rights of Mogile or any third party;
- Not use the Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
- Not use the Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to Mogile or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of Mogile, other Users, or any other third party;
- Not: (1) take any action that imposes or may impose (as determined by Mogile in its sole discretion) an unreasonable or disproportionately large load on Mogile’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Services or any activities conducted through the Services; (3) bypass any measures Mogile may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Services; or (5) harvest or scrape any content from the Services in an unreasonable manner;
- Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Services;
- Not use the Services to advertise or promote products or services that are not expressly approved in advance in writing by Mogile, or as permitted by these TOU;
- Not interfere with any third party’s use or enjoyment of the Services;
- Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;
- Not attempt to do any of the foregoing prohibitions;
- Use the Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.
4. Use of the Application
- The Application is licensed, not sold. Mogile grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to download, install and use the Application solely and exclusively for your personal use on your Device, or the use of any other third party with access to the Device that you control and with your permission, and as permitted by the Usage Rules set forth in the App Store Terms and Conditions for the iOS Application or the Google Play Terms of Service for the Android Application. The iOS App Store or Google Play or any other distributor for apps may be referred to in these TOU as a “Third-Party Application Distributor”.
- You may not use the Application in any manner that could damage, disable, overburden, or impair the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application).
- You agree that you are solely responsible for (and that Mogile has no responsibility to you or to any third party for) your use of the Application, any breach of your obligations under the TOU, and for the consequences (including any loss or damage, direct or indirect, which Mogile may suffer) of any such breach. Where a third party uses the Application on your Device with your permission, you are solely responsible for conforming to these TOU and any breach thereof shall be your responsibility. Where a third party gains control of your Device without your permission, we strongly suggest taking action (especially a remote wipe or other procedure to lock out your Device) as Mogile cannot be held responsible for any misuse of, or damage to, your Device (whether in relation to the Application or not) in such circumstances.
- By installing, accessing or using the Application or using the Services, you consent to those information collection and usage terms as described in the Policy.
6. Accessing and Downloading the iOS Application from the Apple App Store, and Related Acknowledgements
- You acknowledge and agree that (i) these TOU are concluded between you and Mogile only, and not Apple, and (ii) Mogile, not Apple, is solely responsible for the iOS Application and content thereof. Your use of the iOS Application must comply with the Apple Media Services Terms and Conditions , which you are responsible to review from time to time.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application.
- Apple will have no warranty obligation whatsoever with respect to the iOS Application. As between Mogile and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Mogile, or as further specified and limited hereinafter.
- You and Mogile acknowledge that, as between Mogile and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the iOS Application or your possession and use of the iOS Application, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Mogile acknowledge that, in the event of any third-party claim that the iOS Application or your possession and use of the iOS Application infringes that third party’s intellectual property rights, Mogile, not Apple, shall be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, as specified in section 4 above and elsewhere in this TOU.
- You and Mogile acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these TOU as related to your license of the iOS Application, and that, upon your acceptance of these TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce these TOU as related to your license of the iOS Application against you as a third-party beneficiary thereof.
- You acknowledge that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Without limiting any other of these TOU, you must comply with all applicable third-party terms of agreement when using the Application.
- You acknowledge that updates to the iOS Application are subject to the approval of Apple, and Mogile and its Representatives shall not be held responsible for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from any delay in the approval of updates by Apple.
7. Accounts, Account Information and Passwords
a. Accounts and Account Information
By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.
Mogile reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described hereinbelow.
b. Passwords and Logged-in Users
As part of the account registration, you will be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.
If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. Mogile and its Representatives will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.
8. General Services Usage and Functions
a. Age Requirements
You must be at least 18 years of age or the age of majority in your province to use certain of the Services, such as the purchase of Products or the use of the Passport function.
b. Interactive Charging Station Map and Disclaimer
The interactive map displays information about Charging Stations across North America, including approximate real-time availability. Information about Charging Stations is provided by Mogile (via third parties) and Logged-in Users. Certain information submitted by Logged-in Users is verified by Mogile prior to being displayed in the map. While we strive for accuracy in the map and use best commercial efforts to do so, we cannot guarantee that the information displayed, whether submitted by Logged-in Users or from Mogile, will be 100% accurate. Without limiting the generality of the Disclaimer of Warranties further in these TOU, Mogile and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, resulting from incorrect information (including but not limited to availability of any Charging Station) displayed in the map.
If you are a Logged-in User submitting content to add to the map, the content you submit is subject to the User Content Policy found further in these TOU.
c. Trip Planner and Disclaimer
The Services allow you to use your starting location and destination, along with other information you submit, to display a map of your route that includes Charging Stations and other information, and provide turn by turn directions. As a Logged-in User, you may save a route for later use and share it with other Logged-in Users. Without limiting the generality of the Disclaimer of Warranties further in these TOU, Mogile and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, resulting from inaccurate results from using the trip planner, or any incorrect information displayed about a Charging Station on your route.
d. Costs of Home Charging Function and Disclaimer
The Services allows you to estimate the costs of home charging for your electric vehicle, using your model of automobile, the price of electricity as measured in kWh and other factors. Please note that the results you achieve from using this function may not be 100% accurate. Without limiting the generality of the Disclaimer of Warranties further in these TOU, Mogile and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, resulting from inaccurate results regarding the costs of your home charging.
e. Home Charger Installers and Disclaimer
f. Lists of Incentives and Disclaimer
The Services may list all known applicable incentives in your region for the purchase of an electric vehicle and residential charging stations. Although Mogile will use its best commercial effort to keep the incentives lists up to date, these lists may not necessarily be complete nor accurate. It is your responsibility to verify the listed incentive to ensure it is still in effect and accurate. Mogile is not responsible for incorrect information displayed. Without limiting the generality of the Disclaimer of Warranties further in these TOU, Mogile and / or its Representatives shall not be responsible for any loss or damage, pecuniary or otherwise, resulting from incorrect information regarding incentives displayed on the Services.
9. Passport Function
Depending on your location and version of the Application, the Application may include the “Passport” function, which allows Logged-in Users to add funds to a ChargeHub account and pay for charging of their vehicle at Charging Stations, as described more fully in this section of the TOU. By using the Passport function, you are subject to this section of the TOU.
b. Your Passport Account
As a Logged-in User, if Passport is available to you, you will have the option of adding funds to an account in your name (your “Passport Account”) in order to make payments for charging your vehicle from Charging Stations operated by CPOs participating in Passport. The list of CPOs participating is subject to change without notice. The funds added to your Passport Account are held in trust in your name.
c. Billing Information and Payment Processing
d. Adding Funds to Your Passport Account
Funds in your Passport Account are either in U.S. or Canadian dollars. When you add funds to your Passport Account for the first time you will be asked which currency you prefer (your “Passport Account Currency”). When adding funds to your Passport Account you may choose the amount of funds to be added. You will receive an email confirmation upon your funds being successfully added, indicating the amount of funds added and the current balance in your Passport Account. You can always check the balance in your Passport Account through the Application at any time.
e. Pricing and Charging Fees
Prior to charging, the price for charging your electric vehicle, or the method used to calculate the price for charging, will be displayed in the Application. Once your charge is finished and the final price is determined, it shall be displayed in the Application (the “Charging Fee”). The Charging Fee is firm and in the native currency of the location of the charging station (the “Charging Fee Currency”). Pricing may or may not include sales taxes, as applicable, which shall be displayed following the charging process. By using the Passport function in the Application and completing a charge, you authorize Mogile to withdraw from your Passport Account the amount of the Charging Fee, plus any applicable taxes if not included in the Charging Fee. In the event the balance in your Passport Account is not sufficient to pay the Charging Fee plus any applicable taxes, you authorize Mogile to charge your credit card the difference that is owed. In the event your Passport Account Currency is not the same as the Charging Fee Currency, Mogile will convert the currency prior to the withdrawal. The currency shall be converted using the rate available from https://ratesapi.io/ at the time of the conversion, plus a 1.5% currency exchange fee. Upon completion of the charge, you will receive an email confirmation of the amount withdrawn from your Passport Account in your Passport Account Currency, and the remaining balance in your Passport Account.
If funds were added by mistake to your Passport Account, or if you wish to receive a refund of the funds you added to your Passport Account with your credit card, the applicable leftover balance may be refunded to the same credit card used to add the funds. To begin the refund process, please email firstname.lastname@example.org, and we will provide instructions to you.
10. Purchases of Products through the Services
a. Online Stores
Mogile operates several online stores on the Websites (the “Stores”) where you can purchase Products. These are at the URLs https://can-store.chargehub.com/ (the “Canadian Store”), https://us-store.chargehub.com/ (the “U.S. Store”) and https://boutique.chargehub.com (the “Canadian French Store”). When you make a purchase of Products at any of the Stores, you are subject to this section of the TOU.
b. Products for Sale through the Services
We have done our best to display as accurately as possible the style, look and colours of the Products shown at the Stores. However, because what you may see will depend on your monitor or display, we cannot guarantee that your display of any Product will be accurate. While we attempt to be accurate in our Product descriptions, Mogile does not represent or warrant that Product descriptions or other content at the Stores is accurate, complete, reliable, current, or error-free. If you find that a Product you purchase is not as described, your sole remedy is to return it in accordance with Mogile 's return policy as described below.
The purchase of Products at the Stores is subject to availability. In the event that Mogile advises you that any Products are no longer available, Mogile will have no obligation to fulfill your order and you will have no obligation to pay Mogile for the order. Availability of Products is also variable depending on the Store through which you are purchasing Products.
c. Pricing, Taxes, Purchases and Discount Codes
Prices of Products displayed on the Services are firm and in currency which depends on the Store being used – Canadian Dollars at the Canadian Store and Canadian French Store, and American Dollars at the U.S. Store (the “Store Currency”). Prices do not include applicable sales taxes, delivery fees or any other applicable fees, which shall be displayed during the checkout process, depending on your location and selections you have made (for example delivery method).
By confirming your purchase at the end of the checkout process by clicking the Complete Order button, you agree to pay Mogile the amount set out as the Total in the Order Summary section of the checkout process. The Total is quoted in the Store Currency and includes any shipping and handling fees, any other additional fees, and all applicable taxes.
While we strive for accuracy in the pricing displayed at the Stores and the other Product information we provide, errors can occur. In the event that a Product is mistakenly listed at an incorrect price, Mogile reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Mogile reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Purchaser's credit card charged. If the Purchaser has already been charged for the purchase and the order is cancelled, Mogile shall issue a credit to the credit card used to make the purchase in the amount of the incorrect price (plus any taxes and / or shipping or other fees), or refund the amount if another payment method is used.
If you have a valid discount code, it shall be applied and displayed during the checkout process once you enter the code. In the event that an incorrect discount is applied, Mogile reserves the right to refuse or cancel any orders listed at an incorrect discount. Mogile reserves the right to refuse or cancel any such orders whether or not the purchase has been confirmed and the Purchaser’s credit card charged or other payment method received.
d. Payment Methods, Billing Information and Payment Processing
Depending on the Product purchased, the Store used and other factors, various payment options will be available for your purchase. These may include Interac e-transfer and payment by cash (“Offline Payments”). If it is available and you have chosen an Offline Payment method, instructions for completing your payment will be emailed to you upon completion of your order. Your Product(s) will only be shipped once your Offline Payment has been received by Mogile.
Online payment by credit card is always available. If you are making a payment in this manner, you will be required to enter your “Billing Information”, specifically the credit card holder name, credit card number, credit card expiry date, card security code (CVV), and credit card billing address. Your Billing Information must match the information associated with your credit card for the payment to be processed. Other online payment methods may also be available, including PayPal, Apple Pay, and Google Pay.
All payments for Products made through the Services via credit card are processed using a secure https:// connection with a valid security certificate, and payment processing is handled through “Third-Party Payment Processors”, currently limited to Shopify Payments , though this is subject to change without notice. Shopify Payments currently accepts certain credit and debit cards (which shall be displayed to you upon making your payment) as payment options, as well as other possible payment options, but these are subject to change without notice. PayPal, Apple Pay, and Google Pay may also be referred to as Third-Party Payment Processors in these TOU.
All Billing Information is collected by the Third-Party Payment Processors, on their own secured servers. Mogile does not have access to any credit card or other financial information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of any Third-Party Payment Processor. Non-financial information will, however, be available to Mogile for shipping and record-keeping purposes.
e. Shipping and Delivery
Delivery of Products is available across North America. Depending on the Store, the Product, and the method chosen, delivery may be made by third-party delivery services such as Canada Post or other delivery services, a fulfilment service, direct from the manufacturer, or direct from a warehouse or Product vendor (the “Third-Party Delivery Services”). Mogile shall in no way be held responsible for any damages resulting from any error or failure on the part of a Third-Party Delivery Service. Risk of loss, damage or destruction shall pass to Purchaser upon delivery, except as provided for in the next sub-sections of these TOU.
f. Return and Exchange Policy Mogile is committed to your full customer satisfaction. If your Product(s) is(are) defective or damaged upon receipt or if you have received the wrong Product(s), we will refund your payment or exchange the Product(s) at no extra costs to you. If your purchase of a Product or Products does not meet your expectations in any way, we will be pleased to discuss the situation with you and potentially exchange it for another Product or for Store credit. Exchange terms and store credit amounts will be determined at our discretion based on the condition of your Product (unopened box, open box, used, etc.). The only condition is that the request must be made within 30 days of your purchase.
To begin the return or exchange process, please email email@example.com , and we will provide instructions to you. Please note that we may ask you for pictures of the Product(s) you wish to return, and other additional information.
Mogile reserves the right to refuse any return or exchange which does not conform to this section of the TOU. When you return a Product, your refund will be issued according to the next section of these TOU.
All refunds will be issued within seven working days following our receipt of the returned Product. Your refund will be issued to the same credit card or other payment method used to make the purchase and will include the shipping / delivery fees you paid to receive the Product(s), if applicable. If the Product(s) is(are) being returned for a reason other than for being damaged or incorrect, you will be responsible for shipping the Product(s) back to Mogile at your expense.
You will be notified by email when the refund has been processed. Please note your financial institution may require additional processing time to credit your account.
You may cancel your order of Product(s) if the order has not yet been shipped. If you wish to cancel your order, please email firstname.lastname@example.org to confirm the cancellation of your order, prior to receiving our email that your order has been shipped. If you have already paid for your order, your refund will be issued to the same credit card or other payment method used to make the purchase.
Products are covered by a manufacturer’s warranty, the details of which shall be communicated to you with your Product(s) delivery. The warranty shall only apply for normal use of the Product and shall not cover any defects resulting from negligence, any incident causing damage, abnormal use, incorrect or faulty installation, or commercial use.
11. Proprietary Rights and User Content Rights
a. Intellectual Property Rights
You acknowledge that: (a) the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Mogile and/or third parties (via license) own all right, title and interest in and to the Services and content that may be presented on or accessed through the Services, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Mogile and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide whether registered or not.
You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Services, or content that may be presented on or accessed through the Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Services; or (iii) remove, obscure, or alter Mogile’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Services.
The content, arrangement and layout of all of the Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Mogile, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Mogile, or as permitted by the functionality of the Services or these TOU. Any unauthorized use of the content, arrangement or layout of the Services, Computer Code, images, logos, videos, audio or trademarks found on or in the Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Mogile may take action accordingly.
b. Submitted Information
If you choose to communicate to Mogile (via any means) suggestions for improvements to any of the Services or Mogile’s Products, or Mogile’s business generally (collectively, “Feedback”), Mogile shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Mogile and waive in favor of Mogile, its successors and assigns all your moral rights in the Feedback, and agree to provide Mogile such assistance as Mogile may require to document, perfect, and maintain Mogile’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Mogile, you are not entitled to any compensation or reimbursement of any kind from Mogile under any circumstances.
c. User Content Policy
As a Logged-in User, you may use the Services to create and submit a variety of text and photographs, including but not limited to information that may be added to the interactive map of Charging Stations, which may be visible to other Services Users or third parties in various ways. You may also, depending on the Services, upload certain file types including but not necessarily limited to text, photographs, graphics, video, audio or any other type of media or content, and other interactive features generated, provided, or otherwise made accessible on or through the Services. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content through or to the Services, you agree to be bound by the Mogile policy for User Content as described in this section (the “User Content Policy”).
When you submit User Content, you acknowledge and agree to the following:
- User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any User Content submitted is your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Mogile to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information and images (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these TOU;
- You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to Mogile, you hereby grant Mogile a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Services and / or Mogile's (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that Mogile may retain, but not display or distribute, server copies of User Content that have been removed or deleted;
- You also hereby waive any moral rights you may have in your User Content and grant other visitors or Users of the Services a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Services and under these TOU;
- The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;
- You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, or otherwise offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam; and
- You will not include in User Content links to any third-party website that is a spam or phishing website, to any website that sells goods or services, or to any website that may violate any applicable law.
Where you are accessing or downloading User Content of a Logged-in 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 email@example.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.
12. Interruption of Service
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.
13. Suspension or Termination of your Account; Termination of the Services and the TOU
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 firstname.lastname@example.org.
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.
14. External Links
a. General External Links
In no way will Mogile or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.
b. Use of Google Maps
15. Disclaimer of Warranties
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.
16. Limitation of Liability
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.
18. Governing Laws and Jurisdiction
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.
19. Miscellaneous Provisions
- Mogile shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond Mogile’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
- The failure of Mogile to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to Mogile.
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