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Terms and Conditions

Acceptance of Terms and Conditions

These terms and conditions of use for website, “IVY Charging Network” application, and the IVY charging stations constitutes a legal agreement and are entered into by and between you and Ontario Charging Network LP, by its general partner, 2587265 Ontario Inc. (referred to herein as “Company”, “we”, “us” or “our”).  The following terms and conditions govern your access to and use of the website and application, including any content, functionality, software and services offered on or through the website, ”IVY Charging Network”, and the IVY charging stations (the “Platform”).

By clicking to accept the terms and conditions, you accept and agree to be bound and comply with these terms and conditions and our Privacy Policy, found at https://www.ivycharge.com/privacy-policy and incorporated herein by reference.  If you do not agree to these terms and conditions or the Privacy Policy, you must not access the Platform.

MODIFICATIONS TO THE TERMS AND CONDITIONS AND THE PLATFORM

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time, any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform.  You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on the Platform maybe be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted or unavailable at any time or for any period, including if your ability to access the Platform is terminated.

USE OF THE PLATFORM; ACCOUNTS, SECURITY AND PASSWORDS

Users of the Platform are responsible for obtaining their own access and are required to ensure that all persons who access the Platform through a user’s internet connection are aware of these terms and conditions and comply with them.  The Platform may require registration or may ask you to provide personal information.  It is a condition of use of the Platform that the information you provide is correct, current and complete.  It is your responsibility to maintain the currency of your registration data. After you have completed the registration form, you maybe be asked to choose a password and a username.  Any username, password or other piece of information chosen by you, or provided by you as part of our security procedures must be treated as confidential, and you must not disclose if to any other person or entity.  You must exercise caution when accessing your account from a public or shared computer so that others are not able to view your password. You are responsible for all activities that occur under your account.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You are responsible for any password misuse or any unauthorized access.

You are prohibited from attempting to circumvent and from violating the security of the Platform, including accessing any content not intended for you, attempting to breach or breaching security measures, disrupting service to other users, or introducing viruses, Trojan horses, works or other technologically harmful material.

You may not use the Platform for any purpose that is unlawful or prohibited by these terms and conditions. Your access may be immediately terminated in the Company’s sole discretion, with or without notice, if you fail to comply with the provisions of these terms and conditions.

Company may provide links, in its sole discretion, to other applications, websites, or networks for your convenience in locating or accessing related information and/or services. These other applications, websites or networks are maintained by third parties over which Company exercises no control. Your correspondence or any other dealings with third parties are solely between you and such third party. Accordingly, Company hereby expressly disclaims and shall not have any liability or responsibility for such applications, websites, or networks, or in connection with any such dealings between you and any third party.

USE OF ELECTRIC VEHICLE CHARGING APPLICATION

You can access the “Ivy Charging Network” application by downloading the application on your mobile phone. You are responsible for correctly entering all relevant information required for use of the Ivy charging stations. Rates may be subject to change and you agree to pay all fees for services provided to you under the “Ivy Charging Network” application. The Company will process the fee (including any penalty fees) from funds available in your pre-funded account or directly from your credit card.  You must have a valid method of payment registered and/or sufficient funds for use of the “Ivy Charging Network” application.

You are responsible for ensuring you have used the “Ivy Network Charging” application correctly before you leave your vehicle unattended. You are responsible for any fine, ticket or penalty charge issued to you by a third party.

The company may require that you load a minimum amount to your account in order to use the account’s payment functionalities or other features. The Company may change these limits in its sole discretion and at anytime without notice to you.  Any amounts remaining in your pre-funded account may be refunded if not used within a 1 year period.

You are responsible for checking your transaction history to ensure that your transaction history and account balance are accurate. You can check your transaction history and balance through the Platform. If you have questions regarding your transaction history or balance, or if you wish to dispute any transaction, please call Customer Assistance at +1-888-550-5155. Company will review your claim and correct any error promptly after finishing its review. Company has no obligation to review or correct any billing error unless you provide notice within sixty (60) days of the date of the transaction in question.

The pre-tax charging pricing shown when logged onto the website, the “Ivy Charging Network” application or at an Ivy charging station (“Charging Pricing”) represents the per-minute pricing charged during entire charging session and is based on the rate of charge your vehicle communicates to the charging station that it can receive. Actual speed of charge may vary during the charging session and may fall below the Charging Pricing due to factors such as vehicle capacity at start of charging, temperature, battery age, vehicle efficacy, vehicle usage, and power output of the charging station. By using the Platform or any other payment mechanism to purchase time at a charging station, you understand these factors and agree to pay the Charging Pricing disclosed through the Platform or at the charging station.

INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP

You understand and agree that the Platform and its entire contents, features and functionality, including but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trade-mark, patent, trade secret and other proprietary rights. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal laws of Canada or other laws and could subject the infringer to legal action.

You may only use the Platform for personal and non-commercial use.  You shall not directly or indirectly reproduce, compile, distribute, modify, create derivative works of, publicly display or perform, republish, download, store, or transmit any of the material on our Platform except: i) as your computer or browser may temporarily store or cache the materials and ii) printed copies which are maintained for non-commercial and lawful personal use without further reproduction or distribution.

The Platform is licensed to you pursuant to these terms and conditions.  Neither title nor any intellectual property rights are transferred to you. Upon termination of these terms and conditions, you shall cease to have a licence to the Platform and shall discontinue use of the Platform and delete the Platform from your mobile device and account.

PRIVACY & DIRECT MARKETING CONSENT

By submitting your personal information and using the Platform, you consent to the collection, use, reproduction, hosting, transmission and disclosure of your personal information in compliance with our Privacy Policy, found at https://www.ivycharge.com/privacy-policy, as we deem necessary for use of the Platform.

Your interaction with the Platform may put you in contact with pixel tags and cookies. Pixel tags are small bits of code that provide a method of delivery information on a webpage, which allows the operator of the page or a third party to collect your IP address. Cookies are small pieces of file data that are stored on your computer or other device when websites are loaded in a browser. Cookies can collect digital use data that support a number of functions, including: basic necessity cookies required to authenticate and perform account related functions; advertising; functionality and preference support; performance indicators; tracking; and third party/embedded content. Many browsers are initially configured to accept cookies, but you can change your browser settings to refuse cookies or be alerted when a cookie has been placed on your browser. If you do, however, some areas of the Platform may not function adequately.

By accepting these terms and conditions you are also providing us with consent to send you email correspondence. You may withdraw your consent to receive emails from the Company about our services and the Platform at any time by contacting us at [email protected]

We may engage third party service providers to process personal information on our behalf, but such third parties will be restricted to using personal information only for the purposes we set out and may not use or disclose it for any other purpose.

We partner with other parties to provide specific services. When you sign up for the Platform services, we may share names, or other contact information that is necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

DISCLAIMER OF WARRANTIES

You understand and agree that your use of the Platform and its content is at your own risk.  The Platform is provided on an “as, is” and “as available” basis, without any warranties of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law. The Company does not warrant that the functions contained on the Platform will be uninterrupted or error-free or will be corrected.

Neither the Company nor its parents, subsidiaries, affiliates or their respective officers, directors, employees, agents, or contractors make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Platform including any third party content.

The Company shall not be responsible for any damage caused by viruses, Trojan horses, worms, or other technologically harmful material that may infect your computer or mobile phone.

LIMITATION OF LIABILITY

Except where such exclusions are prohibited by law, under no circumstance will the Company nor its parents, subsidiaries, affiliates or their respective officers, directors, employees, agents, or contractors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the Platform and any of its content even if the party was allegedly advised or had reason to know.

INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parents, subsidiaries, affiliates or their respective officers, directors, employees, agents, or contractors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: i) your breach of these terms and conditions; ii) your violation of any applicable laws; iii) a claim by a third party that is based on your use of the Platform; iv) any misrepresentation made by you; v) the theft, misappropriation or disclosure of your username or password; and vi) your authorization of anyone else to use your password.

GOVERNING LAW AND JURISDICTION

These terms and conditions and your use of the Platform will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.

Any action or proceeding arising out of or relating to the Platform and under these terms and conditions will be instituted in the courts of the province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

WAIVER

No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these terms and conditions operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.

SEVERABILITY

If any term or provision of these terms and conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these terms and conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

ENTIRE AGREEMENT

These terms and conditions and the Privacy Policy constitute the sole and entire agreement between you and Ontario Charging Network LP regarding the Platform and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the subject matter.

REPORTING AND CONTACT

This website is operated by Ontario Charging Network LP. Should you become aware of misuse of the Platform or should you require technical support or other communications please call Customer Assistance at +1-888-550-5155.