Terms of Use

(Last modified on October 30, 2024)

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.

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

2. Definitions

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

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.

3. General Code of Conduct for Use of the Services

By visiting and / or using any of the Services, you agree to:

1. 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;
   
   
2. Not use the Services in any manner that violates any intellectual property rights of Mogile or any third party;
   
   
3. 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;
   
   
4. 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;
   
   
5. 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;
   
   
6. 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;
   
   
7. 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;
   
   
8. Not use the Services to in any way collect information (whether Personal or not) of any third party or in violation of Mogile’s Privacy Policy;
   
   
9. Not interfere with any third party’s use or enjoyment of the Services;
   
   
10. 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;
    
    
11. Not attempt to do any of the foregoing prohibitions;
    
    
12. 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

1. 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”.
   
   
2. 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).
   
   
3. 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.

5. Privacy Policy and Permissions for the Application

1. Our Privacy Policy explains how Mogile treats your Personal Information (as that term is defined in the Privacy Policy) and protects your privacy when you use Services, including the Application. By installing, accessing or using the Application or using the Services you explicitly agree to the use of your data in accordance with the Privacy Policy, which may be updated from time to time and without notice.
   
   
2. 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.
   
   
3. In addition to personal and non-identifiable information, the Privacy Policy also describes how the Application accesses functions of the Device that are not part of the Application which are developed by third parties. These are known as “permissions”, and you agree that Mogile has the right to access the computer code on your Device in this manner and as described in the Privacy Policy.

6. Accessing and Downloading the iOS Application from the Apple App Store, and Related Acknowledgements

1. 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.
   
   
2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS Application.
   
   
3. 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.
   
   
4. 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.
   
   
5. 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.
   
   
6. 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.
   
   
7. 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.
   
   
8. Without limiting any other of these TOU, you must comply with all applicable third-party terms of agreement when using the Application.
   
   
9. 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

1. Accounts and Account Information
   In order to use certain aspects and functions of the Services, you will be required to create an account. Accounts are free and available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU. The information required to create a User account is the following: your email address. You will also be asked to choose a display name that will be visible to other Users. The information you submit as part of the sign-up process may be referred to in the present TOU or the Privacy Policy as “Account Information”. You may also have an account created for you by ChargeHub when you buy certain Products that include a ChargeHub account. You may also choose to use valid Facebook, Apple or Google credentials (if they are available) in order to log into the Services and use them. You may also add additional information to your account profile, including your first and last names, your location, a profile picture, and details about your vehicle including model and license plate, but none of these are required to use the Services.
   
   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.
   
   
2. 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

1. 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.
   
   
2. 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.
   
   
3. 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.
   
   
4. 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.
   
   
5. Home Charger Installers and Disclaimer
   The Services may allow you to browse through lists or a map of electricians (installers) in your area with their contact information. Mogile does not guarantee or provide the service of installation. Mogile only provides some information and means of contact of local installers who are listed on regional electrician directories and may or may not have been verified by Mogile staff. The Services may allow you to request installation quotes by sending certain Personal Information to installers you selected, as detailed in our Privacy Policy. Personal Information may include your Contact Information and other information necessary for providing a quote including general electrical panel descriptions, photos, distance from panel to installation location, photos of installation location and any other necessary information. Such information will be sent to installers via email. Mogile is not responsible for the information entered by you for the purpose of contacting installers once it has been sent to the installers. 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 the actions or operations of any installer you have connected with as a result of using this function on the Services.
   
   
6. 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

1. Introduction
   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.
   
   
2. 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.
   
   
3. Billing Information and Payment Processing
   In order to make payments into your Passport Account, you will be required to enter the following information: credit card holder name, credit card number, credit card expiry date, card security code (CVV), and credit card billing address. In these TOU or the Privacy Policy, this information shall be referred to as “Billing Information”.
   
   Payment processing for payments to add funds to your Passport Account is handled through the third-party payment processor Adyen. Adyen currently accepts certain credit and debit cards (which shall be displayed to you upon making your payment) as payment options, but these are subject to change without notice. Once transactions are accepted, they are processed in accordance with Adyen’s program rules and procedures and Terms of Use. Mogile and Adyen are unaffiliated companies and Mogile has no influence on the operations of Adyen. Mogile and its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of Adyen.
   
   
4. 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. If you’ve added funds by mistake, you may request a refund on the payment method used to make the transaction. If you’ve been gifted funds, no refunds are possible.
   
   
5. 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”). Some charging stations charge a fee based on the state of charge of your vehicle. It is your responsibility to monitor your state of charge to avoid extra fees charged by the charging stations. The state of charge is typically not a value known by Mogile and can therefore not be shared with you in the Application. 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://www.xe.com/ 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.
   
   
6. Refunds
   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 support@chargehub.com, and we will provide instructions to you.

10. Purchases of Products through the Services

1. 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.
   
   
2. 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.
   
   
3. 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.
   
   
4. 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.
   
   No matter what payment method is used, you must provide a telephone number and email address so that we can communicate with you about your order. This may be referred to in these TOU or the Privacy Policy as “Contact Information”.
   
   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.
   
   Once transactions are accepted by a Third-Party Payment Processor, they are processed in accordance with their program rules and procedures and Terms of Use. Mogile and the Third-Party Payment Processors are unaffiliated companies and Mogile has no influence on the operations of the Third-Party Payment Processors. Mogile and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of any Third-Party Payment Processor.
   
   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.
   
   
5. 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.
   
   
6. 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 support@chargehub.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.
   
   
7. Refunds
   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.
   
   
8. Cancellation
   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 support@chargehub.com 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.
   
   
9. Warranty
   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

1. User Content submitted by you does not violate any intellectual property right or any 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 work or work 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;
   
   
2. 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;
   
   
3. In addition to the license granted in the previous paragraph, by submitting User Content to Mogile, you grant to Mogile’s Business Partners a limited, non-exclusive, non-transferable, non-sublicensable license to reproduce, install, transmit, and use your User Content, solely for purposes of including it in the Business Partner’s products, services, equipment and systems (collectively the “Business Partner Services”). For the purpose of this license, “Business Partners” means any legal entity who has entered into a contractual relationship with Mogile, whereby Mogile may transfer such User Content for these permitted uses, and shall include their affiliates and subsidiaries;
   
   
4. You also hereby waive any moral rights you may have in your User Content and grant other visitors, Users of the Services and users of the Business Partner 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 the Business Partner Services and under these TOU;
   
   
5. The licenses granted by you in the previous three paragraphs with respect to the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;
   
   
6. 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 tortious. 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
   
   
7. 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 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.

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

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.

14. External Links

1. General External Links
   From time to time Mogile may provide links to other websites or services. Links from the Services may take you to websites or services not covered by these TOU. When you access third-party resources on the Internet in this manner, you do so at your own risk. Mogile provides those links as a convenience to you and Mogile takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. Mogile does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or the third parties operating those websites.
   
   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.
   
   
2. Use of Google Maps
   The Services make use of the Google Maps Platform for numerous functions, and when you use the Services Google Maps may be opened from a link in the Services. Your use of Google Maps in the Services or on its own is subject to the current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://policies.google.com/privacy , which we encourage you to read.

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.

17. Indemnity

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.

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

1. The TOU, and any and all policies and terms incorporated by reference therein, in conjunction with the Privacy Policy, constitute the entire agreement between you and Mogile with respect to your use of the Services, superseding any prior agreements between you and Mogile, its predecessors, affiliates or subsidiaries. Your use of certain aspects of the Services may be subject to certain third-party terms or privacy policies, as described elsewhere in these TOU. Your use of the Application is also subject to the terms of the Third-Party Application Distributor you used to download the Application.
   
   
2. 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.
   
   
3. If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
   
   
4. 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.
   
   
5. The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
   
   
6. The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language. Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.

© Mogile Technologies Inc., 2024