Terms and Conditions
Acceptance of Terms and Conditions
MODIFICATIONS TO THE TERMS AND CONDITIONS AND THE PLATFORM
We reserve the right in our sole discretion to revise and update the Terms 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 Services. You agree to periodically review the Terms in order to be aware of any such modifications, and your continued use of the Services shall be your acceptance of the Terms, as updated.
The information and material on our website or mobile application may be changed, withdrawn or terminated at any time in our sole discretion without notice.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 our Services is restricted or unavailable at any time or for any period, including if your ability to access our Services is terminated.
USE OF SERVICES; ACCOUNTS, SECURITY AND PASSWORDS
Users of our Services are responsible for obtaining their own access and are required to ensure that all persons who access our Services through a user’s internet connection are aware of these Terms and comply with them. Our Services may require registration or may ask you to provide personal information. It is a condition of access to and use of our Services 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 may 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 it 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 our Services, 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 our Services for any purpose that is unlawful or prohibited by these Terms. 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.
The 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 the Company exercises no control. Your correspondence or any other dealings with third parties are solely between you and such third party. Accordingly, the 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 IVY’S MOBILE APPLICATION
You can access Ivy’s mobile application by downloading the application on your mobile phone. You are responsible for correctly entering all relevant information required for use of Ivy’s charging stations. Rates may be subject to change and you agree to pay all fees for services provided to you under Ivy’s mobile application. The Company will process the fee (including any penalty fees) directly from your credit card. You must have a valid method of payment registered for use of Ivy’s mobile application.
You are responsible for ensuring you have used Ivy’s mobile 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.
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 our website, our mobile application, or at an Ivy charging station. If you have questions regarding your transaction history or balance, or if you wish to dispute any transaction, please call Customer Assistance at 1-800-301-1950. The Company will review your claim and correct any error promptly after finishing its review. The 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 charging price (inclusive of HST) shown when logged onto Ivy’s website, Ivy’s mobile application, or at an Ivy charging station (the “Charging Price”) represents the per-minute pricing charged during an 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 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 Ivy’s Services or any other payment mechanism to purchase time at a charging station, you understand these factors and agree to pay the Charging Price disclosed through Ivy’s website, Ivy’s mobile application, or at an Ivy charging station.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
You understand and agree that all intellectual property rights to the Services and Ivy’s website and mobile application, and any Content (as defined below) featured or displayed on our website or via the Services 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. “Content” includes but is not limited to, all information, software, code, text, displays, graphics, logos, photographs, video, audio, trademarks, design, structure, illustrations, interfaces, software data, presentation, selection, and arrangement. 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 our website and our mobile application 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 website or mobile application 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.
Ivy’s website and mobile application is licensed to you pursuant to these Terms. Neither title nor any intellectual property rights are transferred to you. Upon termination of these Terms, you shall cease to have a licence to our mobile application and shall discontinue use of our mobile application and delete our mobile application from your mobile device and account.
PRIVACY & DIRECT MARKETING CONSENT
By accepting these Terms, 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 at any time by clicking the “unsubscribe” hyperlink at the bottom of any email you receive from Ivy.
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 our 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 Ivy’s Services is at your own risk. The Services are 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 Services 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 Services, including any third-party content.
The Company shall not be responsible for any damage caused by viruses 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, DEATH, DISABILITY, PERSONAL INJURY, PROPERTY DAMAGE, PROPERTY THEFT, 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 SERVICES AND ANY OF ITS CONTENT EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW. FOR THE AVOIDANCE OF DOUBT, THIS INCLUDES, BUT IS NOT LIMITED TO, LIABILITY CAUSED BY THE SITE CONDITIONS WHERE IVY CHARGING STATIONS ARE LOCATED, WEATHER CONDITIONS, CONDITIONS OF THE CHARGING STATIONS, VEHICULAR TRAFFIC, AND ACTIONS OF THIRD PARTIES, AS WELL AS LIABILITY ARISING OUT OF THE USE OF THE IVY’S WEBSITE, IVY’S MOBILE APPLICATION, AND ALL PHYSICAL COMPONENTS OF THE IVY CHARGING STATIONS, INCLUDING, BUT NOT LIMITED TO, THE MAIN CHARGING UNIT, THE CHARGING HOSE, AND THE CHARGING NOZZLE. BY ACCESSING OR UTILIZING ANY OF THE SERVICES PROVIDED BY IVY, YOU AGREE TO ACCEPT ANY AND ALL RISKS ASSOCIATED WITH THE SERVICES, VOLUNTARILY, AND OF YOUR OWN FREE WILL.
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; ii) your violation of any applicable laws; iii) your access to or use of the Services; 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 your use of the Services 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 Services and under these Terms 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.
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.
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.
REPORTING AND CONTACT
This website is operated by Ivy. Please call Customer Assistance at 1-800-301-1950 for all notifications, questions, and comments to Ivy regarding these Terms.