Terms and Conditions
Effective as of 22/09/2020
PLEASE NOTE THE FOLLOWING
Your Agreement. By accessing or using the Website, THE APPLICATION and/or using the Services, you accept and agree to theSE T&C’s without any reservations, modifications, additions or deletions. If you do not agree to any T&C’s noted, you will not authorized to use the Website or the Services. You may be denied access to the Website and/or the Services, with or without any notice given, if you do not comply with the provisions of the T&C’s. If you do not agree to these T&C’s, you should delete the Application from your handheld device.
Alterations. We may from time to time AMEND the T&C’s and will post a copy of the amended T&C’s on the Website OR THROUGH OUR APPLICATIONS, so we encourage you to review them Regulary. If we make any substantial changes to the T&C’s, we will notify you by posting a clear notice on the Website and the Application. If you do not agree to, or cannot comply with, the T&C’s 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 T&C’s as amended, you may do so as described below in the Section “Account Cancellation”. You will be deemed to have accepted the T&C’s 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 you/anyone at any time.
1. Scope of the T&C’s
Registration & Account Information. If you register:
Description of Services – Application. As a user of our Application, you will have access to the following features:
1. The CITA EV Mobile application, to control and monitor the use of your own personal EV Chargers, either located at home, in a wok place or for public charging.
2. YOU ACKNOWLEDGE THAT THE CHARGING STATIONS DATA MADE AVAILABLE THROUGH OUR SERVICES MAY BE GATHERED THROUGH VARIOUS THIRD PARTIES. THUS, We make no representations, warranties or guarantees as to the accuracy OF ANY SUCH DATA.
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)
By providing any content to us, on or through the website or the application, you represent and warrant that (1) you are entitled to submit such content (as an owner, licensor or otherwise) and to grant CITA the license described in the paragraph below, (2) such content is accurate, not confidential and not in violation of any contractual restrictions, intellectual property rights or other third party rights and (3) CITA may share this content with other users of the services.
You (or your licence holders) 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 CITA EV a royalty free, non-exclusive, worldwide, irrevocable, unlimited, assignable and sub-licensable right and license to host, copy, reproduce, translate, adapt, edit, reformat, compile, publish, transmit, display, 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 “Account cancellation“).
Your Liability. You understand and agree that:
The T&C’s are 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.
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 CITA EV. CITA EV 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 CITA EV 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.
Sharing Content through Social Media Services. In the event that you share your Content to the Services through a Social Media Service, or post or share your Content to a Social Media Service through the Services, you agree to comply with all T&C’s, policies and guidelines established by the applicable Social Media Service with regard to your Content. You also agree to be solely responsible and liable for any claims arising as a result of sharing or posting Content to or from any Social Media Service.
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:
Contact. Any misuse of the Services may be reported to firstname.lastname@example.org
4. Interruptions to Service
Interruptions. You acknowledge that: (1) 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 (2) 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 wise to do so for legal or regulatory reasons.
No Liability. CITA 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.
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 “hackers” from illegally accessing the Website, the Application or their content. You agree to immediately notify CITA EV 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 CITA EV.
Disclaimer and Indemnity. CITA EV WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF THE UNAUTHORIZED USE OF YOUR ACCOUNT and you agree to recompense and hold harmless CITA EV, its shareholders, officers, directors, agents, employees, partners and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
6. Account cancellation
Cancelling Your Account. You can cancel your account at any time by contacting us at firstname.lastname@example.org
Termination by CITA. CITA EV may terminate your account immediately (1) in the event of breach or violation of the T&C’s by you or (2) 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 CITA, including without limitation any indemnification obligations contained herein.
7. Intellectual Property
Grant of License. CITA EV 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 (1) 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 (2) 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, CITA 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. CITA EV 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 CITA: “CITA EV”, as well as certain other CITA trademarks, service marks, graphics, and logos 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.
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 CITA EV or third parties and is protected by copyright laws.
Feedback. If you choose to communicate to us comments, suggestions for improvements to the Website, the Application or the Services, you may do so by writing to us at email@example.com, or through 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 CITA EV, 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: (1) your Feedback does not contain confidential or proprietary information; (2) CITA EV is not under any obligation of confidentiality, implied by the feedback (3) CITA EV 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; (4) CITA EV may have something similar to the Feedback already under consideration or in development; and (5) you are not entitled to any compensation or reimbursement of any kind from CITA EV 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, CITA EV DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, TITLE AND NONINFRINGEMENT. CITA EV 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, 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. CITA 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, CITA 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 CITA ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES, CITA 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. CITA 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
Limitation of Liability. IN NO CASE WILL CITA, 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 (1) YOUR ACCESS, USE, MISUSE OR INABILITY TO ACCESS OR USE THE WEBSITE, THE APPLICATION OR THE SERVICES OR (2) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE WEBSITE, THE APPLICATION AND/OR THE SERVICES, IN BOTH CASES (1) AND (2) 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 CITA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, IN NO EVENT WILL CITA’S AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES EXCEED £200. 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 CITA, 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 (1) YOUR BREACH OF THE T&C’s INCLUDING, YOUR SUBMISSION OF CONTENT THAT VIOLATES THIRD PARTY RIGHTS OR APPLICABLE LAWS; (2) ANY DAMAGES BY YOU OR YOUR USE OF THE WEBSITE, THE APPLICATION AND/OR THE SERVICES CAUSED TO A THIRD PARTY; OR (3) 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 CITA as a result of the Terms of Service and you do not have any authority of any kind to bind CITA in any respect whatsoever.
Severability. If any of the provisions of the T&C’s 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 T&C’s will not be affected.