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

●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").

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

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.