Last updated: 18.06.2020
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The Services are offered to you by EVBox North America Inc. a New York corporation, located at 1930 Innovation Way, Suite 200, Libertyville, IL 60048, USA. To contact us, please e-mail firstname.lastname@example.org.
The following terms and conditions may also apply:
We aim to provide you uninterrupted access to our Services at any time. However, we cannot guarantee that they will always be available or uninterrupted. Should you experience a problem with using the Services, you can contact our support team via our website.
Accessing our website, downloading our Application, and creating an account in our platform are all free of charge. However, signing up for a subscription on our platform and/or using Ad-Hoc Charging incurs charges. Prior to signing up for the platform or using Ad-Hoc Charging, we will inform you of any applicable charges.
For Ad-Hoc Charging, we display in the application and charge you one or more of the following costs:
The charges include any applicable value-added tax.
For the collection of the charges in connection with Ad-Hoc Charging, we use a contracted payment service provider. This provider manages your payment to us, meaning we do not store or can otherwise access your payment details.
As we are constantly improving our Services, we may add or remove functionalities or make other changes from time-to-time. We aim to give you reasonable notice of any major changes impacting your use of the Services and to minimize any possible disruption of the availability thereof.
The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.
Further, your use of our Services, including Ad-Hoc Charging is at your own risk. The Services are provided on an “as-is” and “as available” basis. We hereby disclaim all warranties relating to the Services, express or implied, including, but not limited to any warranties against infringement of third party rights, merchantability and fitness for a particular purpose.
Our Services may contain links to other websites and/or resources provided by others, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those websites or resources.
You must keep your account details, including your password, safe and may not grant anybody else access to your account.
We (and our licensors, where applicable) own all right, title and interest, including all intellectual property rights in and to the Services and the Terms do not convey you any rights of ownership in or related to the Services, or any other intellectual property right owned by us (or our licensors, where applicable) except as explicitly provided in these Terms, in which case such right shall in any case be revocable, non-exclusive, non-transferable and non-sublicensable.
You may print off one copy and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content posted on our website. No other portion of our Services may be reproduced in any form or by any means.
You agree that you will not use the intellectual property rights or any of our proprietary information in any way whatsoever, except for use of the Services in compliance with these Terms. In particular you shall not:
Unless explicitly agreed otherwise with you, we do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology computer programs and/or other operating devices to access and/or use our Services. You should use your own virus protection software.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Services, the server on which such Services are stored, or any server, computer or database connected to such Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of-service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach and amongst other remedies we might invoke, your right to use our Services will cease immediately.
When you are either a consumer or a business user
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
The below stated liability limitations are also for the benefit of our officers, directors, and employees.
If you are a business user
We exclude all implied conditions, warranties, representations, or other terms that may apply to our Services, including their content. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (a) use of, or inability to use, our Services; or (b) use of or reliance on any content displayed on our Services. In particular, we will not be liable for:
If you are a consumer user
Please note that we only provide our Services to you for private use. You agree not to use our Services for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation (at our sole discretion). However, we will not be liable for damage that you could have avoided, for example by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow our instructions.
We amend these Terms from time-to-time and shall publish such amendments on our website or make them otherwise available to you.
As we are constantly changing and improving our Services, we may suspend or stop one or more Services altogether at our sole discretion. If and insofar this would have an impact on your subscription, this is governed by our Subscription Terms.
If you are a business user:
These Terms are governed and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in New York City, New York to resolve any dispute or claim arising out of or relating to these Terms.
If you are a consumer user:
These Terms are governed and construed in accordance with the laws of the State of New York, excluding its conflict of law provisions. You, as well as EVBox, shall have the right to bring any dispute before the competent court according to applicable law.
If any provision of these Terms is or becomes illegal, invalid or unenforceable, in any respect it shall not affect or impair the legality, validity or enforceability of any other provision of the Terms; and if such provision would be legal, valid or enforceable to the extent some part of it were deleted, such provision shall apply with the minimum modifications necessary to make it legal, valid or enforceable.
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