Terms and Conditions

CHRGR.IO TERMS AND CONDITIONS

INTRODUCTION
1. Welcome to CHRGR.io, the online marketplace for the EV Charging Infrastructure Ecoystem provided by Vahanomy Ltd. By accessing CHRGR. and its related websites, services, applications or tools (collectively referred to as “CHRGR.io”) you are agreeing to be bound by and comply with these terms and conditions (the “T&Cs”). Vahanomy Limited (“we” or “us”), a company registered in Scotland with company number SC634982 who registered office address is at c/o GEOVATION SCOTLAND, Meadowbank House, 153 London Road, Edinburgh EH8 7AU, UK.
2. These T&Cs constitute a legally binding agreement between you and us and are effective upon acceptance. You accept these T&Cs by registering for a CHRGR.io account and by otherwise accessing CHRGR.io, including posting an ad.
3. These T&C’s shall become effective in accordance with clause 1.2 and shall automatically renew each month until terminated in accordance with clause 10 (the “Subscription Period”).
DEFINITIONS
1. The following definitions and rules of interpretation apply to these T&Cs:
  
  “CHRGR.io Guidelines” means our CHRGR.io Guidelines found at https://chrgr.io/guidelines, as updated from time to time.
  
  “Fees” means the cost applicable to any of the Paid Services;
  
  “Intellectual Property Rights” means patents, rights to inventions, copyright and related rights, moral rights, trade marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world;
  
  “Non-User Content” means any content or material, including, text, graphics, logos, icons, video, images, audio clips, software, applications, information and digital downloads which are not User Content;
  
  “Paid Services” has the meaning given to it in clause 6.1;
  
  “Stripe Terms and Conditions” means https://stripe.com/gb/legal/end-users
  
  “Subscription” means the subscription applicable to your particular use of CHRGR.io;
  
  “Subscription Period” shall have the meaning given to it in clause 6.2.
  
  “User Content” means any content, advertisement, picture, video, text, image, statement, information, material or otherwise that is uploaded by any user of CHRGR.io;
  
  “VAT” means value added tax or any equivalent tax chargeable in the UK or elsewhere.
ACCEPTABLE USE
1. CHRGR.io is a platform to connect stakeholders in the electric vehicle charging infrastructure sector.
2. By accepting these T&Cs, you agree to only use CHRGR.io for the purpose it was intended and to comply with our CHRGR.io Guidelines.
  
  Accounts and Account Details
3. In order to use CHRGR.io, you agree that:
  - you are over the age of 18;
  - you are a business user acting in the course of your trade, business or profession or an individual property owner and you will only have one CHRGR.io account, which must be in your name or the name of your business;
  - anyone accessing CHRGR.io on your behalf is aware of and agrees to these T&Cs;
  - you are based in the United Kingdom and will only use CHRGR.io in relation to your business activities in the United Kingdom; and
  - you are not already restricted by us from using CHRGR.io.
4. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
5. If you know or suspect that anyone other than you or your authorised personnel knows your user identification code or password, you must promptly notify us at chrgr@vahanomy.com
  
  Access
6. You also agree:
  1. not to reproduce, duplicate, copy or re-sell any part of CHRGR.io in contravention of these T&Cs; and
  2. not to access without authority, interfere with, damage or disrupt:
    - any part of CHRGR.io;
    - any equipment or network on which CHRGR.io is stored;
    - any software used in the provision of CHRGR.io; or
    - any equipment or network or software owned or used by any third party.
      
      Data Mining or Web Scraping
7. You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to CHRGR.io or any services provided via, or in relation to, CHRGR.io. This includes using (or permitting, authorising or attempting the use of):
  - any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and / or
  - any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
8. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
9. This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
  
  Bugs and Viruses
10. We do not guarantee that CHRGR.io will be secure or free from bugs or viruses.
11. You are responsible for configuring your information technology, computer programmes and platform to access CHRGR.io. You should use your own virus protection software.
12. You must not misuse CHRGR.io by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to CHRGR.io, the server on which CHRGR.io is stored or any server, computer or database connected to CHRGR.io. You must not attack CHRGR.io via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. 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, your right to use CHRGR.io will cease immediately.
INFORMATION
1. The Non-User Content on CHRGR.io 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 CHRGR.io.
2. Although we make reasonable efforts to update the Non-User Content on CHRGR.io, we make no representations, warranties or guarantees, whether express or implied, that any such content is accurate, complete or up to date. All information and content on CHRGR.io is provided on an “as is” basis.
3. Where CHRGR.io contains links to other sites and resources provided by third parties, 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.
4. We have no control over the contents of those sites or resources.
USER CONTENT
Uploading Content to CHRGR.io
1. CHRGR.io allows you to upload content (for example, photographs and text descriptions) which may, for example:
  - illustrate potential EV charging or chargepoint sites;
  - outline details and products or services which are on offer;
  - outline requests and/or requirements for locations, products or services; or
  - illustrate examples of previous work undertaken by you.
2. Whenever you make use of a feature that allows you to upload content to CHRGR.io, or to make contact with other users of CHRGR.io, you must comply with our CHRGR.io Guidelines.
3. You warrant that any User Content complies with the CHRGR.io Guidelines, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
4. Any User Content you upload to CHRGR.io will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content, but you are required to grant us and other users of CHRGR.io a limited licence to use, store and copy that content and to distribute and make it available to third parties including:
  - a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that User Content in connection with the service provided by the website and across different media, including to promote CHRGR.io; and
  - a worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the User Content accordance with the functionality of CHRGR.io.
5. We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to CHRGR.io constitutes a violation of their intellectual property rights or of their right to privacy.
6. We have the right to remove any posting you make on CHRGR.io if, in our opinion, your post does not comply with our CHRGR.io Guidelines.
7. If you wish to contact us in relation to User Content you have uploaded to CHRGR.io and that we have taken down, please contact chrgr@vahanomy.com.
8. You are solely responsible for securing and backing up your User Content.
  
  Monitoring Content
9. We are under no obligation to oversee, monitor or moderate any User Content on CHRGR.io, and we expressly exclude our liability for any loss or damage arising from the uploading of User Content by a user in contravention of our CHRGR.io Guidelines, whether the service is moderated or not.
10. Without limiting other remedies, where we believe a user is creating problems, infringing the rights of third parties, operating CHRGR.io in breach of our CHRGR.io Guidelines, uploading User Content which violates our CHRGR.io Guidelines or acting inconsistently with T&Cs (including, without limitation, circumventing temporary or permanent suspensions or harassing CHRGR.io employees or other users), we may take any action which we consider appropriate and proportionate to the alleged or actual violation including, rejecting User Content prior to it being uploaded, requesting further details in respect of User Content, requesting User Content be amended before it is uploaded or suspending or terminating your access and use of CHRGR.io.
  
  Complaints regarding User Content
11. If you wish to complain about, or make us aware of, any content which you consider may be in violation of our CHRGR.io Guidelines, please contact us on chrgr@vahanomy.com.
FEES AND SERVICES
1. CHRGR.io is made available free of charge. However, CHRGR.io also offers a range of services and subscriptions, some of which are paid services and for which will charge you Fees in order to access and utilise additional features (“Paid Services”). Details of our Paid Services, including our free ‘Freemium’ service are set out at https://chrgr.io/pricing/, as amended and updated from time to time.
2. If you use any of our Paid Services, you agree to pay us the Fees and that the following additional terms will apply:
  - you agree to be bound by the Stripe Terms and Conditions; https://stripe.com/gb/legal/end-users
  - we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase and any Fees may be subject to foreign exchange fees or differences in prices based on location (i.e. exchange rates); and
  - if you purchase a Subscription, your payment method will be automatically charged at the start of each Subscription Period for the Fees and applicable taxes. You must terminate or cancel the Paid Services before the start of each Subscription Period to avoid being charged the Fees for that period.
3. Failure to pay the Fees will result in the termination of the Paid Services.
4. You may cancel any Paid Services by notifying us at chrgr@vahanomy.com, although you may still be charged for the remainder of your Subscription Period if you cancel after the commencement of that Subscription Period.
5. We may change the Fees from time to time. We will give you at least 30 days’ notice of any changes to the Fees, and these will not come into effect during your current Subscription Period, and will only apply on renewal or auto-renewal. If you do not want to continue your Subscription at the new Fees, you can let it expire, or, if you have an auto-renewing Subscription, you can cancel it before the start of the next Subscription Period.
LIABILITY
1. 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.
2. CHRGR.io is a marketplace design to bring users together, but CHRGR.io does not facilitate negotiations for contracts of sale, services or goods, nor payments, between users. Any such agreements must be concluded outside of CHRGR.io. Complaints, questions and claims related to any transaction agreed on CHRGR.io should be directed to the user with whom that transaction was agreed and we do not provide a forum for dispute resolution. You acknowledge and agree that we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of any User Content, the truth or accuracy of any picture or description of the items or any other User Content or the ability and/or authority of Users to contract for any such User Content, and we have no liability in this respect.
3. We exclude all implied conditions, warranties, representations or other terms that may apply to CHRGR.io or any content on it.
4. We will not be liable to you for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  - any use of, or inability to use, CHRGR.io;
  - any User Content on CHRGR.io; or
  - any use of or reliance on any User Content displayed on CHRGR.io.
5. We will not be liable for:
  - loss of profits, sales, business, or revenue;
  - business interruption;
  - loss of anticipated savings;
  - loss of business opportunity, goodwill or reputation; or
  - any indirect or consequential loss or damage.
6. In respect of all other loss or damage not specified in these T&Cs that we are found to be liable for, our liability to you or any third party (whether in contract, delict, negligence, strict liability in delict, by statute or otherwise) is limited to the greater of:
  - the total Fees you paid to us in the 12 months prior to the action giving rise to liability; and
  - one hundred (100) pounds sterling.
SUSPENDING OR WITHDRAWING CHRGR.IO
1. We do not guarantee that CHRGR.io, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of CHRGR.io for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
2. CHRGR.io may be unavailable occasionally for maintenance, updating or otherwise. Where this happens we apologise for any inconvenience caused. However, we shall not be liable to you for any loss, damages or inconvenience resulting from such unavailability.
INTELLECTUAL PROPERTY RIGHTS
1. All Non-User Content and all Intellectual Property Rights in any Non-User Content is the property of us. By using CHRGR.io, you’re agreeing that Non-User Content is available for personal use only and that you will not copy, reproduce, publish, distribute or dispose of in any way any Non-User Content. Neither the Vahanomy Limited company or trading name nor any other name, trade mark (including the CHRGR.io trade mark), logo or design of CHRGR.io or Vahanomy Limited or any other companies in its group (if any) may be used or copied in any manner.
2. Non-User Content is protected by copyright laws and treaties around the world. All such rights are reserved. Our status (and that of any identified contributors) as the authors of material on CHRGR.io must always be acknowledged. You must not use any part of our Non-User Content for commercial purposes without obtaining a licence to do so from us or our licensors.
TERMINATION
1. If you wish to stop using CHRGR.io, please email chrgr@vahanomy.com.
2. We may withdraw the use of CHRGR.io from you, remove your account and terminate these T&Cs for any reason, without notice, at any time without any liability to you.
PERSONAL DATA
1. For a more detailed explanation of how we will collect, use and store information relating to you, and our commitment to protecting your privacy or how we use cookies, please see our:
  - Privacy Policy at https://chrgr.io/privacy-policy/; and
  - Cookie Policy at https://chrgr.io/cookie-policy.
NOTICES
1. You agree that we will provide notices and messages to you in the following ways:
  - within CHRGR.io; or
  - sent to the contact information you provided us (e.g., email, mobile number, physical address).
2. You agree to keep your contact information up to date.
GENERAL
1. These T&Cs and the other policies posted on CHRGR.io constitute the entire agreement between us and you, superseding any prior agreements. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these T&Cs.
2. These T&Cs shall be governed and construed in all respects by the laws of Scotland. You agree that any claim or dispute you may have against us must be resolved by the courts of Scotland.
3. We may amend these T&Cs from time to time. Every time you wish to use CHRGR.io, please check these T&Cs to ensure you understand the terms that apply at that time.
4. We may transfer our rights and obligations under these T&Cs to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
5. If any of these T&Cs are held to be invalid, the remaining terms and conditions shall continue to be valid to the fullest extent permitted by law.
6. A person who is not a party to these T&Cs has no right under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce any T&Cs, but this does not affect any right or remedy of a third party specified in this Agreement or which exists or is available apart from that Act.
CONTACT US
1. If you need to contact us, please do so at chrgr@vahanomy.com.

Any written notices to us must be sent by registered mail to Vahanomy Limited at c/o GEOVATION SCOTLAND, Meadowbank House, 153 London Road, Edinburgh EH8 7AU, UK

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CHRGR.IO TERMS AND CONDITIONS