HomeCharger Application Terms of Use
Effective as of December 30 2021
Welcome to HomeCharer! please read these Terms and Conditions ("Terms") carefully before
using the features of our electric vehicle (EV) charging stations and related services (the
"Services"). operated by Powercore Technology Co., Ltd. (“HomeCharger”, "us", "we", or
"our"). Among other things, the terms and conditions for (i) your access and use of the
www.cnchargepoint.com website and (ii) any related sub-domains, which we operate (the
"Website") and our mobile application (the "Application").
Your access to and use of the Service is conditioned on your acceptance of and compliance
with these Terms. These Terms apply to all visitors, users and others who access or use the
Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree
with any part of the terms then you may not access the Service.
PLEASE READ ALL THE TERMS 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
WITHOUT ANY RESERVATIONS, MODIFICATIONS, ADDITIONS OR DELETIONS. If you do
not agree to any provisions contained in the Terms, 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. If you do
not agree to these Terms, you should delete the Application from your handheld device.
Amendments. WE MAY FROM TIME TO TIME MODIFY THE TERMS AND WILL POST A
COPY OF THE AMENDED TERMS ON THE WEBSITE OR THROUGH OUR APPLICATIONS, SO
WE ENCOURAGE YOU TO REVIEW THEM PERIODICALLY. If we make any substantial
changes to the Terms 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 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 as amended, you may do so
as described below in the Section "Cancelling Your Account". You will be deemed to have
accepted the Terms 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.
Additional Agreements. When you download the Application, you are also subject to the
Terms and / or Privacy Policy of the application distribution system you used to download
the Application (e.g. iOS App Store, Google Play, etc., hereinafter "Third Party Application
Distributor"). We strongly suggest reading those documents prior to installing the
Application. HomeCharger shall in no way be held responsible for any losses or damages,
whether pecuniary or otherwise, to you or any third party for your failure to adhere to the
Terms and / or Privacy Policy of any Third Party Application Distributor when downloading
and / or using the Application.
1. Scope of the Services
General
●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:
●Scan QR code and check the availability of a charging station
●Remote start/end charging
●View statistical charging data
Description of Services – Website. As a user of our Website, you will have access to the
following features:
●All features from the Application will be made available soon on the Website
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.
2. Content
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
HomeCharger 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) HomeCharger 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 HomeCharger (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 HomeCharger, ARE ENTIRELY RESPONSIBLE
FOR ALL CONTENT THAT YOU DISPLAY, POST, TRANSMIT OR OTHERWISE MAKE
AVAILABLE ON THE WEBSITE OR THE APPLICATION AND THAT HomeCharger 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
●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.
●HomeCharger 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, HomeCharger 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.
●HomeCharger 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, HomeCharger will use
commercially reasonable efforts to block or remove offensive, abusive or inappropriate
Content discovered by or reported to HomeCharger. However, HomeCharger 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 HomeCharger. HomeCharger
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 HomeCharger 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 terms of use, 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:
●access or attempt to access the Services by any means other than through our home
page or our Application, or use automated tools to operate the Services (e.g., scripts);
●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 (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 IS STRICTLY PROHIBITED AND MAY RESULT,
AT HomeCharger'S DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR
ACCOUNT.
Contact. Any misuse of the Services may be reported to
https://www.cnchargepoint.com
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. HomeCharger 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 endeavor 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.
5. Security
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 endeavor 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 HomeCharger of any unauthorized use or your account, or
any other breach of security at https://www.cnchargepoint.com, and you accept
all risks of unauthorized access to the Website, the Application, your Account Information
and any other information you provide to HomeCharger.
Disclaimer and Indemnity. HomeCharger 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 HomeCharger, 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
https://www.cnchargepoint.com
Termination by HomeCharger. HomeCharger may terminate your account immediately (i)
in the event of breach or violation of the Terms by you or (ii) as set forth in the section
"Warranty Disclaimer" (see Section 8 below).
Surviving Obligations. All provisions of the Terms which by their nature should survive
expiration or termination of an agreement shall survive the expiration or termination of the
Terms, 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 HomeCharger, including without limitation any indemnification obligations
contained herein.
7. Intellectual Property
Grant of License. HomeCharger 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. 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,
HomeCharger 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. HomeCharger 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, and any attempt
to sublicense, assign, or transfer any part of your rights under the Terms is void.
Trademarks. The following are trademarks (registered or not) of HomeCharger:
"HomeCharger", as well as certain other HomeCharger 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 HomeCharger 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 HomeCharger 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 support@chargehub.freshdesk.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 HomeCharger, 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) HomeCharger is not under any obligation of confidentiality,
express or implied, with respect to the Feedback; (iii) HomeCharger 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) HomeCharger 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 HomeCharger under any circumstances.
8. Disclaimers
"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, HomeCharger 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. HomeCharger 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 HomeCharger 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. HomeCharger 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, HomeCharger 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
HomeCharger ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF
THE WEBSITE, THE APPLICATION AND/OR THE SERVICES, HomeCharger 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. HomeCharger 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 HomeCharger, 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 HomeCharger HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY IN THE TERMS, IN NO EVENT WILL HomeCharger'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 HomeCharger, 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 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.
10. Privacy Policy
Your use of the Website, the Application and the Services is also subject to HomeCharger's
Privacy Policy (the "Privacy Policy"), which is incorporated by reference and made a part of
the Terms. It is important that you read and understand the terms of our Privacy Policy.
11. General
No Partnership. No agency, partnership, joint venture, or employment is created between
you and HomeCharger as a result of the Terms and you do not have any authority of any
kind to bind HomeCharger in any respect whatsoever.
Severability. If any of the provisions of the Terms 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 will not be affected.
Questions. If you have any questions regarding the Terms or wish to report any issue
relating to the Website, the Application or the Services you were provided, please contact
us by email at https://www.cnchargepoint.com
Language. The parties hereto acknowledge having expressly required that the Terms and
the Privacy Policy are to be drawn up in the English language.