EV ChargeHub Terms of Service
Effective as of November 10 2014
Welcome to EV ChargeHub ! We hope that you will enjoy the features of our electric vehicle (EV) charging stations mapping and related services (the "Services").
These terms of service (the "Terms of Service") IS A LEGAL AGREEMENT between you and Mogile Technologies Inc., a Quebec-based company (" Mogile ", "we", "us" or "our") setting forth, among other things, the terms and conditions for (i) your access and use of the www.evchargehub.com website and any related sub-domains, which we operate (the "Website") and (ii) our mobile application (the "Application").
PLEASE READ ALL THE TERMS OF SerVICE carefully
Your Agreement. By accessing or using the Website, THE APPLICATION and/or using the Services, you accept and agree to the provisions of the Terms of Service without any reservations, modifications, additions or deletions. If you do not agree to any provisions contained in the Terms of Service, you are not authorized to use the Website or the Services. You may be denied access to the Website and/or the Services , with or without notice to you, if you do not comply with the provisions of the Terms of Service. If you do not agree to these Terms of Service, you should delete the Application from your handheld device.
Amendments. We may from time to time modify the Terms of Service and will post a copy of the amended Terms of Service on the Website OR THROUGH OUR APPLICATIONS, so we encourage you to review them periodically. If we make any substantial changes to the Terms of Service, we will notify you by posting a prominent notice on the Website and the Application. If you do not agree to, or cannot comply with, the Terms of Service as amended, you are not authorized to use the Website, the Application and the Services. If you wish to cancel your account because you do not agree with the Terms of Service as amended, you may do so as described below in the Section "Cancelling Your Account". You will be deemed to have accepted the Terms of Service as amended if you continue to access or use the Website, the Application or the Services after any amendments are posted on the Website and the Application. We reserve the right to refuse to provide our Services to anyone at any time.
1. Scope of the Services
¤ Different Services may be made available to you depending on whether (i) you use the Services via the Website only or if you download the Application on your mobile device (which we highly recommend you do!) or (ii) if you register or not
¤ Services are free of charge at the moment, but paid services may be added in the future.
Registration; Account Information. If you register:
¤ You agree to provide truthful and accurate account information, including but not limited to a username, password, name and valid email address (collectively, your "Account Information")
¤ You may grant access to your account to co-users (they will each have their own login and password)
¤ You agree to update your Account Information as necessary to keep it accurate
Description of Services – Application. As a user of our Application, you will have access to the following features:
¤ Map of charging stations in North America
¤ Find nearest charging station based on current location
¤ View the "real-time" availability of certain charging stations (we use commercially reasonable efforts to update this data every 5 minutes)
¤ Add a public charging station to the map
¤ Comment on charging stations
¤ Add a picture of the charging station
Registered users also have access to the following features:
¤ Share : Share their own charging station to other users. It will be visible to all users
¤ Chat : Users can contact the shared station owner or contact another user to request an unplug by using the in-app ChargeChat chatting service
¤ Notification : Users can enable a feature to get notified when a new station is added in their area
Description of Services – Website. As a user of our Website, you will have access to the following features:
¤ Map of charging stations in North America
¤ All features from the Application will be made available soon on the Website (except for chat and notification functionalities)
YOU ACKNOWLEDGE THAT THE CHARGING STATIONS DATA MADE AVAILABLE THROUGH OUR SERVICES IS GATHERED THROUGH VARIOUS THIRD PARTIES. THUS, We make no representations, warranties or guarantees as to the accuracy OF ANY SUCH DATA.
Your Content. In connection with your use of the Services, including but not limited to our Application's chat functionalities, you (or other users of the Services) may display, post, submit, transmit or otherwise make available certain content (including comments and pictures on charging stations) (collectively, the "Content").
BY PROVIDING ANY CONTENT TO US, ON OR THROUGH THE WEBSITE OR THE APPLICATION, YOU REPRESENT AND WARRANT THAT (I) YOU ARE ENTITLED TO SUBMIT SUCH CONTENT (AS AN OWNER, LICENSOR OR OTHERWISE) AND TO GRANT MOGILE THE LICENSE DESCRIBED IN THE PARAGRAPH BELOW, (II) SUCH CONTENT IS ACCURATE, NOT CONFIDENTIAL AND NOT IN VIOLATION OF ANY CONTRACTUAL RESTRICTIONS, INTELLECTUAL PROPERTY RIGHTS OR OTHER THIRD PARTY RIGHTS AND (III) MOGILE MAY SHARE THIS CONTENT WITH OTHER USERS OF THE SERVICES.
You (or your licensors) retain all right, title and interest in and to the Content you submit on or through the Website or the Application, including any and all intellectual property rights thereof. However, by providing any Content on or through the Website or the Application, you grant Mogile (and its successors and affiliates) a royalty free, non-exclusive, worldwide, perpetual, irrevocable, unlimited, assignable and sub-licensable right and license to host, copy, reproduce, translate, adapt, edit, reformat, compile, publish, transmit, display, broadcast, distribute, publicly perform, prepare derivative works based upon, and otherwise use and exploit any and all the Content posted by you, on any form, medium, or technology, known now or in the future, for any purpose on or in connection with the Website, the Application or the Services or the promotion thereof, all without compensation to you. This right ends when you ask us to delete Your Content or you cancel your account (see Section "Cancelling Your Account").
Your Liability. You understand and expressly agree that:
¤ The Services is a public platform and that other users of the Services may search for, see and/or use any Content that you make publicly available through the Services.
¤ The Content is the sole responsibility of the person from whom such Content originated. This means that you, and not Mogile, are entirely responsible for all Content that you display, post, transmit or otherwise make available on the Website or the Application and that Mogile is not liable in any way for any loss or damage of any kind incurred, including by any third party, as a result of the use of any Content that is displayed, posted, transmitted or otherwise made available on or through the Website;
¤ You are liable for any illegal or prohibited Content (see Section 3 – Prohibited Acts);
¤ You must comply with all applicable laws including, without limitation, privacy laws, intellectual property laws and regulatory requirements; and
¤ Since some of the content that is made available on or through the Website and the Application is third party Content, no guarantees are made in regard to the accuracy of such content.
¤ Mogile does not monitor or control the Content posted on the Website or the Application and does not guarantee the accuracy, integrity or quality of such Content or that such Content will remain available to you or others . Thus, Mogile shall not be held liable, regardless of the cause or duration, for any errors, inaccuracies, omissions, untimeliness, unauthenticated information, or other defects in the information or content within the Website or the Application or associated tools and user or other date feeds.
¤ Mogile shall have the right to, but not the obligation, to monitor, change or remove any of Content without notice at any time. That being said, Mogile will use commercially reasonable efforts to block or remove offensive, abusive or inappropriate Content discovered by or reported to Mogile. However, Mogile cannot and will not review all Content, and you understand that by using the Website or the Application, you may be exposed to Content that is inaccurate, offensive, abusive or inappropriate.
Third Party Sites. The Website, the Application and the Services may contain links to third party sites or resources that are not owned or controlled by Mogile. Mogile has no control over, and assumes no responsibility for, any content, privacy policies, practices or availability of any third party sites or resources or the products, services or other materials on or available from such sites or resources. You are and remain subject to the terms and policies of those third parties where applicable. By using the Website, the Application and the Services, you expressly relieve Mogile from any and all liability (direct or indirect) arising from your use of any third-party site or resource accessed from the Website, the Application or the Services. We encourage you to ask questions before you disclose your personal information to anyone.
3. Prohibited Acts
Prohibition. So that the Website, the Application and the Services are available for all users to enjoy, you may not, and hereby represent, warrant and covenant that you will not or permit or enable any third party to:
¤ use the Website, the Application or the Services in a way (including without limitation by downloading, uploading, transmitting or otherwise making available any Content on or through the Website) that (i) violates the terms of the Terms of Service (including, without limitation, through the posting of any Content that violate third party rights or applicable laws); (ii) is unlawful, infringing, harmful, threatening, tortious, defamatory, libellous, offensive, abusive, obscene, pornographic, sexually explicit, vulgar, invasive of another's privacy, profane, hateful, fraudulent, malicious, lascivious, filthy, violent or otherwise objectionable or improper, or which encourage conduct that would violate any law or government regulation or give rise to civil or criminal liability under any law; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; (v) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (vi) promotes information that you know is false, misleading, or promotes illegal activities or conduct; (vii) solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; (viii) interferes with or disrupts the Website, the Application or the Services ; (ix) collect or "harvest" from the Website or the Application the names and/or other information of other users for the purpose of transmitting to those other users unsolicited commercial messages; or (x) otherwise violates any local, national or other applicable law or regulation or any fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements).
Sanctions. ANY USE OF THE WEBSITE, THE APPLICATION OR THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THE TERMS OF SERVICE IS STRICTLY PROHIBITED AND MAY RESULT, AT MOGILE'S DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT.
Contact. Any misuse of the Services may be reported to firstname.lastname@example.org .
4. Service Interruptions
Interruptions . You acknowledge that: (i) your access to and use of the Website, the Application and/or the provision of Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website, the Application and/or the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of the Website, the Application and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Website or the Application; (b) in the event of a denial of service attack or other attack on the Website and/or our servers or other event that we determine, in our sole discretion, that a risk to the Services, to you or to any of our other users may be created if the Services were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons (collectively, "Service Interruptions").
No Liability. Mogile shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
Notice of Interruption. To the extent we are able, we will endeavour to post updates on the Website (these are normally made automatically), and through other means (e.g., Twitter) regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
Your Responsibility . You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including passwords) and for restricting access to your hardware device while using the Services. You agree to accept responsibility for all activities that occur under your account or from your handheld device on which the Application is installed (where applicable).
No Guarantee. We endeavour to use reasonable security measures to protect against unauthorized access to your account and to any data which may be stored on our servers. We cannot, however, guarantee absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent third-party "attackers" from illegally accessing the Website, the Application or their content. You agree to immediately notify Mogile of any unauthorized use or your account, or any other breach of security at email@example.com , and you accept all risks of unauthorized access to the Website, the Application, your Account Information and any other information you provide to Mogile.
Disclaimer and Indemnity. MOGILE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF THE UNAUTHORIZED USE OF YOUR ACCOUNT and you agree to indemnify and hold harmless Mogile, its shareholders, officers, directors, agents, employees, partners and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
6. Cancelation and Termination of Your Account
Cancelling Your Account. You can cancel your account at any time by contacting us at firstname.lastname@example.org.
Termination by Mogile. Mogile may terminate your account immediately (i) in the event of breach or violation of the Terms of Service by you or (ii) as set forth in the section "Warranty Disclaimer" (see Section 8 below).
Surviving Obligations. All provisions of the Terms of Service which by their nature should survive expiration or termination of an agreement shall survive the expiration or termination of the Terms of Service, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability and indemnification. Termination of your access to and use of the Website, the Application and the Services shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to Mogile, including without limitation any indemnification obligations contained herein.
Grant of License. Mogile grants you a personal, nonexclusive, non-transferable, worldwide, revocable license to access and use of the Website, the Application and the Services in accordance with the terms set forth in the Terms of Service. The Website, the Application and the Services are made available to you for your non-commercial use only. You need to obtain our permission if you want (i) to sell, distribute, licence or in any other way exploit, in whole or in part, the Services or the use of the Website or the Application (including by way of a bundle with other products and/or services) or any information or software associated with them or (ii) to modify or create derivative works from the Website or the Application, in whole or in part.
The Application is licensed, not sold. Upon your installation of the Application, Mogile grants you the non-exclusive, non-transferable, non-sublicensable, limited right and license to install and use the Application solely and exclusively for your personal use, or the use of any other third party with access to your handheld device.
Reservation of Rights. Mogile reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you under the Terms of Service, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms of Service is void.
Trademarks. The following are trademarks (registered or not) of Mogile: "Mogile", as well as certain other Mogile trademarks, service marks, graphics, and logos (collectively, the "Trademarks") used in connection with the Website and the provision of Services. The Website may also contain third-party trademarks, service marks, graphics, and logos, including with respect to products and/or services that may be purchased on our partners' websites (collectively, the "Other Trademarks").
Copyright. All content displayed on the Website as well as all the software (including any source code) used in connection with the Website, the Application or the Services are the exclusive property of Mogile or third parties and is protected by copyright laws.
No License. Excepted as provided in the present Section,nothing appearing on the Website will be construed as granting you any license, right, title or interest relating to the Trademarks, the Other Trademarks or other intellectual property used in connection with the Website, the Application and/or the Services (collectively, the "Intellectual Property") and the Intellectual Property remains the exclusive property of Mogile or its owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. Also, you cannot mirror any material contained on the Website or made available through the Services.
Feedback. If you choose to communicate to us comments, suggestions for improvements to the Website, the Application or the Services (collectively, "Feedback"), you may do so by writing to us at email@example.com orthrough the Website or the Application. However, we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Mogile, its successors and assigns and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) Mogile is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Mogile shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) Mogile may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from Mogile under any circumstances.
"AS IS" BASIS. THE WEBSITE, THE APPLICATION AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU "AS IS." THE ACCESS AND USE OF THE WEBSITE, THE APPLICATION AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE ACCESS OR USE OF THE WEBSITE, THE APPLICATION OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOGILE DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. MOGILE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE, THE APPLICATION AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND MOGILE DISCLAIMS ANY LIABILITY RELATING THERETO.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Warranty Disclaimer. MOGILE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE ACCESS, THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE APPLICATION OR THE PROVISION OF THE SERVICES OR THE CONTENT PROVIDED BY THE USERS ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, MOGILE MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES OR YOUR ACESS OR USE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES, OR WITHDRAW ANY CONTENT FROM THE WEBSITE OR THE APPLICATION. IF MOGILE ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES, MOGILE WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY.
Your Information. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON OR THROUGH THE WEBSITE, THE APPLICATION OR OUR SERVICES (INCLUDING PERSONAL INFORMATION) IS AT YOUR OWN RISK. MOGILE DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
9. Limitation of Liability and Indemnity
Limitation of Liability. IN NO CASE WILL MOGILE, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO (I) YOUR ACCESS, USE, MISUSE OR INABILITY TO ACCESS OR USE THE WEBSITE, THE APPLICATION OR THE SERVICES OR (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE WEBSITE, THE APPLICATION AND/OR THE SERVICES, IN BOTH CASES (I) AND (II) REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF MOGILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, IN NO EVENT WILL MOGILE'S AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES EXCEED CAD$100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Indemnity . YOU WILL INDEMNIFY AND HOLD MOGILE, ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS' FEES) ARISING OUT OF (I) YOUR BREACH OF THE TERMS OF SERVICE INCLUDING, WITHOUT LIMITATION, YOUR SUBMISSION OF CONTENT THAT VIOLATES THIRD PARTY RIGHTS OR APPLICABLE LAWS; (II) ANY DAMAGES BY YOU OR YOUR USE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES CAUSED TO A THIRD PARTY; OR (III) YOUR ACCESS, USE OR MISUSE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES, INCLUDING IF YOU USE OUR SERVICES TO TEST THIRD PARTY WEBSITES IN A DETRIMENTAL WAY TO THEM.
No Partnership. No agency, partnership, joint venture, or employment is created between you and Mogile as a result of the Terms of Service and you do not have any authority of any kind to bind Mogile in any respect whatsoever.
A pplicable Law; Jurisdiction. The Terms of Service shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, applicable to agreements made and entirely to be performed within the Province of Québec, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Website, the Application or use the Services, you agree that any action at law or in equity arising out of or relating to the Terms of Service shall be filed and adjudicated only in the federal or provincial courts located in the Province of Québec (district of Montreal), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Terms of Service. Notwithstanding the foregoing, we 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 a Québec court will, or may, not be enforced by the jurisdiction in which you resides or is located; or (iii) to enforce a judgment obtained against you in a Québec court.
Severability. If any of the provisions of the Terms of Service or their application is found to be invalid under any applicable statute or rule or law, they are, to that extent, deemed omitted and the validity of the other provisions of the Terms of Service will not be affected.
Questions. If you have any questions regarding the Terms of Service or wish to report any issue relating to the Website, the Application or the Services you were provided, please contact us by email at firstname.lastname@example.org .