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Terms of Service

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Terms of Service

These Terms of Service ("Terms") states the terms and conditions that govern your use of the RoadToEV Platform (as defined below) and constitute a legally binding agreement ("Agreement") between you and RoadToEV. Please read these Terms carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the RoadToEV Platform, you agree to be bound by these Terms and the documents and policies referenced herein and/or available by hyperlink. If you do not agree with or accept any of these Terms, you should not access or use the RoadToEV Platform. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website (as defined below). It is your responsibility to check the Website periodically for changes. Your continued use of or access to the RoadToEV Platform following the posting of any changes constitutes acceptance of those changes. Your continued access to or use of the RoadToEV Platform will constitute acceptance of the revised Terms. If you have any questions about these Terms, please contact support@roadtoev.com.

In consideration of the premises and mutual covenants contained herein and other good and valuable consideration, the Parties hereto agree as follows:

  1. Definitions

    • "Host" refers to Members who offer Host Services, and can be either Commercial Hosts or Residential Hosts.
    • "Host Services" include offering electric vehicle charging stations.
    • "Members" refers to registered users of the RoadToEV Platform, including both Hosts and Users.
    • "Member Content" refers to text, photos, audio, video, or other information that a Member makes available on or through the RoadToEV Platform.
    • "Party" means RoadToEV, or you, as the context requires.
    • "Residential Host" refers to Members who offer Host Services through private residential electric vehicle charging stations.
    • "RoadToEV," "we," "us," or "our," refers to RoadToEV Inc., 605 Wettlaufer Terr, Milton, ON L9T 8N1 Canada.
    • "RoadToEV Content" refers to content that RoadToEV makes available on or through the RoadToEV Platform, including proprietary RoadToEV content and any content licensed or authorized for use by or through RoadToEV from a third party.
    • "RoadToEV Platform" consists of our Website, our mobile application, and all associated services.
    • "Service Fees" refers to fees charged by RoadToEV to Hosts and/or Users.
    • "Sessions" refers to the publishing of Host Services by a Host on the RoadToEV Platform.
    • "Transaction Cost" means the cost the User has agreed to pay or the most recent cost the User has paid for the Host Services.
    • "Users" refers to Members which are using Host Services.
    • "Website" includes www.roadtoev.com all associates webpages, any subdomains, and any other websites through which RoadToEV makes its services available.

  2. Scope of RoadToEV Services

    1. The RoadToEV Platform is an online platform that enables a Host to publish Sessions and to communicate and transact directly with Users that are seeking to use the Host Services. Users are able to use the RoadToEV Platform to search and identify nearby Sessions. Availability of a Session is based on (a) the Sessions published by the Host on the RoadToEV Platform, and (b) use of the Host Services by another User or, in the case of a Residential Host, by the Host themselves. The RoadToEV Platform does not identify to Users if the Host Service is currently in use by another User or the Host themselves during the timeframe in which such User intends to use the Host Services.
    2. As the provider of the RoadToEV Platform, RoadToEV does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Session or Host Services. Hosts alone are responsible for their Sessions and Host Services. When Users use or Hosts offer for use the Host Services, they are entering into a contract directly with each other. RoadToEV is not and does not become a party to or other participant in any contractual relationship between Members.
    3. RoadToEV has no control over and does not guarantee (i) the existence, quality, safety, accuracy or legality of any Sessions or Host Services, or (ii) the performance or conduct of any Member.
    4. Due to the nature of the Internet, RoadToEV cannot guarantee the continuous and uninterrupted availability and accessibility of the RoadToEV Platform. RoadToEV may restrict the availability of the RoadToEV Platform or certain areas or features thereof to carry out maintenance measures to ensure the proper or improved functioning of the RoadToEV Platform.

  3. Registration and Use of Your RoadToEV Account

    1. You must register an account to access and use certain features of the RoadToEV Platform, such as publishing a Session or using the Host Services.
    2. In order to reserve a Session, a valid major credit card is required.
    3. You agree to provide accurate, current and complete information during the registration of your account. You agree to promptly update your RoadToEV account and other information, including email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
    4. We do not assume any responsibility for the confirmation of registration of any Member's identity. Notwithstanding the above, for fraud prevention purposes, and as permitted by applicable laws, we may but are not obliged to (i) ask Members to provide government identification or undertake additional checks designed to assist in verifying the identities of Members, (ii) screen Members against third party databases and request reports from service providers, and (iii) obtain a criminal check or sex offender registrations or an equivalent version of background check.
    5. The use of certain features of the RoadToEV Platform may be subject to separate policies or may require that you accept additional terms and conditions. If there is an inconsistency between these Terms and terms and conditions applicable to a certain feature of the RoadToEV Platform, the latter terms and conditions will take precedence with respect to your use of that feature, unless specified otherwise in the latter.
    6. You are responsible for maintaining the confidentiality of your RoadToEV account credentials and may not disclose your credentials to any third party. You are liable for any and all activities conducted through your RoadToEV account.
    7. We reserve the right to refuse, limit, or cancel your RoadToEV account at our sole discretion.

  4. Fees

    1. User agrees to pay, for any occasion that the User uses Host Services provided by a Host, the cost determined for such use. The unit prices for your use of a given charger will be the unit prices as set by the Host on the RoadToEV Platform, and applicable for the characteristics of your charging session at the time you initiate a session using that charger. Prices may include, but are not limited to, a price per kilowatt-hour of energy delivered by the charger; a price per minute of charging, which may be a flat rate or determined by the kilowatt-hour rate of the charger; and a price per minute that your vehicle is connected in an idle, non-charging state.
    2. RoadToEV may not be able to communicate with every User and/or Host. Given this:
      1. User acknowledges and agrees that it is the User's responsibility to ensure that the electric vehicle charging station is functioning when plugged in. A fifteen (15) minute grace period is provided to the User. In the circumstance that the electric vehicle charging station is not working or charging is not successful for any reason (such as incompatible plug), the User has the option to stop use of the Host Services through the RoadToEV Platform within the first fifteen (15) minutes of use of the electric vehicle charging station to ensure no costs are incurred.
      2. Users acknowledge and agree that Users should be cautious if leaving vehicles unattended during parking. Vehicles left charging and unattended for longer periods of time than the scheduled charge may be charged fees as if the vehicle was charging for the entire duration of time that the vehicle was left unattended.
      3. Hosts acknowledge and agree that Hosts are solely responsible for ensuring that Users who frequently use their Host Services and are aware of the location of the Hosts' electric vehicle charging station, pay for such Host Services through the RoadToEV Platform. RoadToEV is not responsible in the circumstance where a User plugs their vehicle into the Host's electric vehicle charging station, without scheduling a session through the RoadToEV Platform, and charges their vehicle without payment of fees.
    3. RoadToEV may charge Service Fees in consideration for the use of the RoadToEV Platform. You are responsible for paying any Service Fees that you owe to RoadToEV. RoadToEV reserves the right to change the Service Fees at any time.

  5. Intellectual Property

    1. Subject to your compliance with these Terms, RoadToEV grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use our mobile application on your personal device(s); and (ii) access and view any RoadToEV Content or Member Content made available on or through the RoadToEV Platform and accessible to you, solely for your personal and non-commercial use.
    2. RoadToEV may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store Member Content; and (ii) access and view Member Content; (iii) and access and view any RoadToEV Content.
    3. The RoadToEV Platform, Member Content, and RoadToEV Content may in its entirety or in part be protected by trademark, copyright, and/or other laws in Canada and other countries. You acknowledge and agree that the RoadToEV Platform and RoadToEV Content, including all associated intellectual property rights, are the exclusive property of RoadToEV and/or its licensors or authorizing third parties. All trademarks, service marks, logos, trade names, and any other source identifiers of RoadToEV used on or in connection with the RoadToEV Platform and RoadToEV Content are trademarks or registered trademarks of RoadToEV.
    4. You are not authorized to (i) remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the RoadToEV Platform or RoadToEV Content; (ii) copy, modify, duplicate, reproduce, re-publish, sub-license, sell, resell, upload, broadcast, post, transmit, publicly display, distribute or otherwise exploit the RoadToEV Platform or RoadToEV Content or Member Content, except to the extent you are the owner of the Member Content or as expressly permitted in these Terms; or (iii) modify, adapt, merge, translate, disassemble, decompile, reverse engineer (save to the extent permitted by law) any software forming part of the RoadToEV Platform.
    5. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by RoadToEV or its licensors, except for the licenses and rights expressly granted in these Terms.
    6. You grant to RoadToEV a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner Member Content.
    7. RoadToEV does not claim any ownership rights in any Member Content. You are solely responsible for all Member Content that you make available on or through the RoadToEV Platform. You represent and warrant that: (i) you either are the exclusive owner of all Member Content or you have the required rights, licenses, consents and releases to grant to RoadToEV the license identified in paragraph 5.6; and (ii) the Member Content does not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or result in the violation of any applicable law or regulation.

  6. Host Terms

    1. When creating a Session through the RoadToEV Platform each Host must (i) provide complete and accurate information about the Host Service, which may include but is not limited to electric vehicle charging station description, location, and availability, (ii) disclose any deficiencies, restrictions and requirements that apply to the electric vehicle charging station, and (iii) provide any other relevant information requested by RoadToEV. Each Host is responsible for keeping the Session information (including calendar availability) up-to-date at all times.
    2. Each Host is solely responsible for setting a price (including any taxes if applicable) for use of the Host Services.
    3. Hosts are solely responsible for paying all bills associated with charging use. Each Host acknowledges that electricity usage will increase when providing Host Services to Users. Hosts are solely responsible for the prompt payment of electricity bills as specified by each Host's utility company, irrespective of when Hosts receive the revenue earned through offering the Host Services. RoadToEV is not responsible for any costs associated with the increase in electricity usage by the Host when offering the Host Services to the User.
    4. As per paragraph 4.2(a), in the circumstance that the electric vehicle charging station is not working or charging is not successful for any reason (such as incompatible plug), the User has the option to stop use of the Host Services through the RoadToEV Platform within the first fifteen (15) minutes of use of the electric vehicle charging station to ensure no costs are incurred. Hosts may not receive payment for any electricity which may have been consumed during this fifteen (15) minute grace period.
    5. Hosts alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Session and Host Services. For instance, Hosts are responsible for ensuring that the electric vehicle charging station was installed properly with a certified electrician, and meets all electric vehicle charging requirements, regulations, and cost. Hosts are responsible for identifying and obtaining any required licenses, permits, or registrations for any Host Services offered. Any damage to a charging vehicle as a result of improperly installed electric vehicle charger or malfunctioning electric vehicle charger is the responsibility of the Host.
    6. The Host may provide Users, through the RoadToEV Platform, security information associated with the Host Services, including, but not limited to, electric vehicle charger location sensitive details such as garage door codes. The Host is responsible for frequently changing such security codes and security information.
    7. Hosts' relationship with RoadToEV is limited to being an independent, third-party contractor. Hosts act exclusively on their own behalf and for their own benefit, and not on behalf, or for the benefit, of RoadToEV.
    8. Any terms and conditions included in the Session must not conflict with these Terms.
    9. By accepting a request by a User, Hosts are entering into a legally binding agreement with the User and are required to provide the Host Services to the User as described when the request is made.
    10. Hosts should obtain appropriate insurance for their Host Services, and should review any insurance policies to consider whether the insurance policy will cover the actions or inactions of Users.
    11. Each Host represents and warrants that any Session the Host posts will (i) not breach any agreements the Host has entered into with any third parties, and (ii) comply with all applicable laws, tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). Hosts are responsible for their own acts and omissions.

  7. User Terms

    1. Subject to meeting any requirements (such as completing any verification processes) set by RoadToEV and/or the Host, a User can search the RoadToEV Platform for any available Sessions and use the Host Services.
    2. Upon use of the Host Services by the User, a legally binding agreement is formed between the User and the Host, subject to any additional terms and conditions of the Host that apply, including any rules and restrictions specified in the Session.
    3. Users are permitted to use the Host Services, in the manner permitted by these Terms, and subject to the conditions of these Terms, including payment for each occasion on which the User uses the electric vehicle charging station. When the User uses an electric vehicle charging station, the User agrees to follow all applicable product, vehicle, safety requirements for the electric vehicle charging station and for any vehicle that the User connects to the charger. Each User acknowledges that RoadToEV is not responsible for providing such information, as RoadToEV cannot know the specific requirements that apply to any given vehicle or electric vehicle charging station. Each User also agrees to use the correct equipment and connector type for the vehicle. To the maximum extent permitted under applicable law, RoadToEV shall have no responsibility to a User for any damages or losses resulting from your failure to comply with these Terms, including without limitation any damages to personal property or arising from personal injury or death. Each User further acknowledges and agrees to indemnify, defend, and hold RoadToEV harmless for any damage, liability, or loss experienced by any person resulting from by the User's failure to comply with the Terms.
    4. Each User is responsible for leaving the charging station in the condition it was in when the User arrived. Users are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom the User invites to, or otherwise provides access to, the charger (for instance, passengers in the User's vehicle). The Host may provide Users, through the RoadToEV Platform, security information associated with the Host Services, included, but not limited to, electric vehicle charger location sensitive details such as garage door codes. The User is permitted to use such security information only for use of the Host Services in compliance with these Terms.

  8. Prohibited Activities

    In addition to other prohibitions as set forth in these Terms, you are prohibited from:

    • using the RoadToEV Platform for any commercial or other purposes that are not expressly permitted by these Terms;
    • using the RoadToEV Platform for any unlawful purpose;
    • using the RoadToEV Platform to solicit others to perform or participate in any unlawful acts;
    • violating any international, federal, provincial or state regulations, rules, laws, or local ordinances;
    • using the RoadToEV Platform to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
    • submitting any false or misleading information;
    • collecting or tracking the personal information of others contained on the RoadToEV Platform in any way that is inconsistent with these Terms;
    • using the RoadToEV Platform to spam, phish, pharm, pretext, spider, crawl, or scrape;
    • using the RoadToEV Platform for any obscene or immoral purpose;
    • interfering with or circumventing the security features of the RoadToEV Platform
    • copying, storing or otherwise accessing or using any information, including personally identifiable information about any other Member, contained on the RoadToEV Platform in any way that is inconsistent with these Terms;
    • offering, as a Host, any Host Services that you do not yourself own or have permission to make available;
    • using, displaying, mirroring or framing the RoadToEV Platform, or any individual element within the RoadToEV Platform, any RoadToEV trademark, logo or other proprietary information, without RoadToEV's express written consent;
    • diluting, tarnishing or otherwise harming the RoadToEV brand in any way;
    • attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the RoadToEV Platform;

  9. Liability

    1. You agree to indemnify, defend (at RoadToEV's option), and hold RoadToEV and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or the documents incorporated in this Agreement by reference, (ii) your improper use of the RoadToEV Platform, or (iii) your breach of any laws, regulations or third party rights.
    2. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the RoadToEV Platform and RoadToEV Content and Member Content, your publishing of any Session or use of any Host Service via the RoadToEV Platform, or any other interaction you have with other Members whether in person or online remains with you.
    3. You agree that some Host Services may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily.
    4. For further certainty, you acknowledge and agree that RoadToEV is not responsible for damage to a User's car and/or damage to a Host's charging equipment or personal property, residence, buildings or real property, due to user error and/or any faulty equipment.
    5. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE ROADTOEV PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. ROADTOEV MAKES NO WARRANTIES OR REPRESENTATIONS THAT THE ROADTOEV PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE ROADTOEV PLATFORM WILL BE AVAILABLE UNINTERRUPTED OR ERROR FREE. IN NO EVENT SHALL ROADTOEV BE LIABLE TO YOU FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION: (i) ANY INACCURACY OR MISLEADING INFORMATION PROVIDED ON THE ROADTOEV PLATFORM OR ROADTOEV CONTENT, OR MEMBER CONTENT, AND ANY RELIANCE BY YOU ON ANY SUCH INFORMATION; (ii) ANY LOSS OR CORRUPTION OF DATA; (iii) THE UNAVAILABILITY OF THE ROADTOEV PLATFORM FOR ANY REASON; (iv) ANY REPRESENTATION OR STATEMENT MADE ON THE ROADTOEV PLATFORM; (v) ANY LOSS OF PROFIT, REVENUE OR GOODWILL; (vi) ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS ARISING FROM ANY BREACH OF THE TERMS OF THIS AGREEMENT; OR (vii) ANY INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR PARTICIPATION IN THE ROADTOEV PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGE TO A VEHICLE AS A RESULT OF AN IMPROPERLY INSTALLED ELECTRIC VEHICLE CHARGER OR A MALFUNCTIONING ELECTRIC VEHICLE CHARGER, AND IN NO EVENT SHALL ROADTOEV BE LIABLE TO YOU FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (i) THESE TERMS, (ii) FROM THE USE OF OR INABILITY TO USE THE ROADTOEV PLATFORM OR ROADTOEV CONTENT OR MEMBER CONTENT, (iii) FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE ROADTOEV PLATFORM, OR (iv) FROM YOUR PUBLISHING OF A SESSION OR USE OF THE HOST SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ROADTOEV HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
    6. In no event will RoadToEV's liability arising out of or in connection with these Terms and your use of the RoadToEV Platform including, but not limited to, from your publishing any Sessions or use of the Host Services via the RoadToEV Platform, or from the use of or inability to use the RoadToEV Platform, or interactions with any other Members, exceed the Transaction Cost.
    7. UPON REVIEW AND READING OF THESE TERMS YOU INDIVIDUALLY AND AS A MEMBER IN ANY CAPACITY WILL BE LEGALLY BOUND BY THE TERMS AND CONDITIONS HEREOF. YOU SHOULD SEEK YOUR OWN LEGAL ADVICE BEFORE USING ANY SERVICE FROM RoadToEV INC. OR ITS RELATED ENTITIES.