Information about SWTCH - Commercial Staging

General Terms of Service

These Terms of Service are important, so we hope you will read them and let us know if you have any questions. You can always e-mail us at info@swtchev.com if you do.

By creating an account with SWTCH (a SWTCH Account) or accessing any services from SWTCH E-Car Inc. (SWTCH or we) you are agreeing to be bound by these Terms of Service and conditions, as they may be updated by SWTCH from time to time at its sole discretion (Terms of Service).

 

Service

 

SWTCH provides an application and website as well as associated media and support that help providers of parking spaces equipped with electric vehicle (EV) charging (Providers) (i) assign users of EV charging (Users, including, for greater certainty, Community Users, as defined below) rights of use arrangements to permit Users to charge their EVs using EV supply equipment and parking spaces provided by the Provider (the Charging Right of Use) and (ii) bill Users according to the terms of the Charging Right of Use as detailed in these Terms of Service (collectively, the Service). Any new features or tools that are added to the Service will also be subject to these Terms of Service. You can review the current version of the Terms of Service at any time on the Service website.

You acknowledge that SWTCH is not a Provider, landlord, real estate broker, or insurer. SWTCH has no control over the conduct of Providers and Users, and disclaims all liability in this regard to the maximum extent permitted by law. In offering the Service, SWTCH acts as an agent of the Provider to assign Users the Charging Right of Use.

You acknowledge and agree that, by accessing or using the Service or by using the Service website(s), you are indicating that you have read, and that you understand and agree to be bound by these Terms of Service, whether or not you have become a User. If you do not agree to these Terms of Service, then you have no right to access or use the Service, including the Service website(s).

If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

The Terms of Service

SWTCH reserves the right to update and change the Terms of Service by posting updates and changes to the Service website or the Service website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. If we post an update about changes to the Terms of Service and you continue to use the Service, you agree to be bound by the revised Terms of Service.

You must read, agree with and accept all of the Terms of Service and conditions contained in these Terms of Service and any referenced documents, including SWTCH’s Privacy Policy, before you may become a User.

Supplemental Terms of Service may apply to aspects of the Service. If we create supplemental Terms of Service we will disclose them to you and they will, unless otherwise noted, prevail over these Terms of Service in the event of a conflict.

The Terms of Service may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English-language Terms of Service and versions of the Terms of Service available in another language, the most current English version of the Terms of Service will prevail.

No term of these Terms of Service will be enforceable by any person that is not a party to these Terms of Service.

You may not assign these Terms of Service without our written approval. SWTCH is entitled to assign or sub-contract our obligations under these Terms of Service without your consent. One example of when this could happen is if we get subcontractors to help us provide the Service, or if part or all of our company is bought by or combined with another company.

All parties to these Terms of Service shall be released from their respective obligations in the event of national emergency, war, prohibitive governmental regulation or if any other cause beyond the reasonable control of the parties or either of them renders the performance of these Terms of Service impossible, whereupon all money accrued due under these Terms of Service shall be paid.

Each party acknowledges that these Terms of Service (including any referenced agreements and policies) contain the whole agreement between the parties. Each party further acknowledges that it has not relied upon any oral or written representations made to it by the other or its employees or agents and has made its own independent investigations into all matters relevant to it.

You agree that these Terms of Service are fair and reasonable in all the circumstances. If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible.

No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of these Terms of Service shall either be or be deemed to be a waiver or in any way prejudice any right of that party under these Terms of Service. No right, power or remedy in these Terms of Service conferred upon or reserved for either party is exclusive of any other right, power or remedy available to that party.

Headings contained in these Terms of Service are for reference purposes only and should not be incorporated into these Terms of Service and shall not be deemed to be any indication of the meaning of the clauses to which they relate.

The Charging Right of Use

You agree that if you become a User of the Service, you are entering a binding, revocable, temporary right of use arrangement with SWTCH, as an agent of the Provider, to use the designated charging space and EV charging equipment with the vehicle you have registered with SWTCH. The right of use lasts only as long as specified in the booking. You appoint us your agent to provide your agreement to the Charging Right of Use and to process your payment, but acknowledge that we are not a party to the Charging Right of Use, and that it is a legal relationship between you and the Provider only.

Security and Privacy

You understand that all activity and content, such as data, graphics, photos, videos and links, that is uploaded under your SWTCH Account (Profile Content) (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You acknowledge and agree that your use of the Service, including information transmitted to or stored by SWTCH, is governed by its privacy policy at https://burkebrook.swtchev.com/en/infos/privacy.

Support

Technical support is only provided to registered Users and is available via email (support@swtchev.com) and via telephone (1-844-SWTCHEV). We'll do our best to get back to you quickly, but we prioritize service requests based on their urgency.

Disputes

The Terms of Service shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.

You acknowledge that SWTCH’s rights and your obligations to SWTCH are of a unique and irreplaceable nature, the loss of which shall irreparably harm SWTCH and which cannot be replaced by monetary damages alone so that SWTCH shall be entitled to injunctive or other equitable relief (without the obligation of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for money damages (if any).

Disputes will be resolved only on an individual basis and will not be consolidated with any other claims, suits or other proceedings that involve any claim or controversy of any other party.

You agree that the provisions in this section will survive any termination of these Terms of Service.

Contact and Notice

Questions about the Terms of Service should be sent to info@swtchev.com.

You agree that SWTCH will use the email address you provide upon registration for your SWTCH Account as the primary method of communication with you. You are responsible for keeping it up-to-date so you don't miss important information and messages from us.

SWTCH may give notice by means of a general notice on the Service, electronic mail to your email address in your SWTCH Account, or by written communication sent to your address as set forth in your SWTCH Account. You may give notice to SWTCH by written communication to SWTCH's address

SWTCH E-Car Inc.

147 Dalhousie St

Toronto, Ontario

M5B 2R2

info@swtchev.com

 

Becoming a User and Creating a SWTCH Account

You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. By registering for a SWTCH Account, you are warranting to us that this is true.

To access and use the Service, you must register for a SWTCH Account and provide your valid

  • full legal name;

  • current address;

  • phone number;

  • email address;

  • credit card number;

  • vehicle make;

  • vehicle model;

  • vehicle year;

  • vehicle license plate number;

  • any other information required during signup.

You acknowledge and agree that we will need to provide your full legal name, current address, vehicle make, vehicle model, vehicle year and vehicle license plate number to Providers to permit them to provide the Charging Right of Use and to manage charging enforcement.

 

Use of the Service and your SWTCH Account

 

You may not use the SWTCH service for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, the laws applicable to you in your jurisdiction, or the laws of Canada and the Province of Ontario. You will comply with all applicable laws, rules and regulations in your use of the Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without the express written permission of SWTCH.

You are only allowed to have one SWTCH Account, and if we terminate the SWTCH Account for any reason, you are not allowed to open another SWTCH Account or use another SWTCH Account without our written permission, which permission we can withhold for any reason.

You agree to maintain accurate, complete, and up-to-date information in your SWTCH Account. Failure to do so, including having an invalid or expired vehicle license plate number or payment method on file, may result in your inability to access and use the Service. SWTCH may reject your application for an SWTCH Account, or cancel an existing SWTCH Account, for any reason, in our sole discretion.

You are responsible for keeping your password secure. SWTCH cannot and will not be liable for any loss or damage from your failure to maintain the security of your SWTCH Account and password.

You are responsible for all Profile Content. You must not transmit any worms or viruses or any code of a destructive nature.

Unless expressly authorized by a specific feature on SWTCH, you are not permitted to share your SWTCH Account with anyone or allow others to access or use your SWTCH Account. You agree that you will take sole responsibility for any activities or actions under your SWTCH Account, whether or not you have authorized such activities or actions. You will immediately notify SWTCH of any unauthorized use of your SWTCH Account. SWTCH may, in its sole discretion, enable features that allow other Users to take certain actions associated with your SWTCH Account, on your behalf with your express authorization.

You agree that Providers are permitted in their sole discretion to determine who may charge at their facilities and when and may instruct us to refuse to grant the Charging Right of Uses to you or any person for any reason with no liability.

Termination / Ending the Relationship

A breach or violation of any term in the Terms of Service as determined in the sole discretion of SWTCH will result in an immediate termination of the Service and your SWTCH Account.

We may immediately suspend or terminate these Terms of Service or generally cease offering or deny access to the Service, any SWTCH Account or any portion thereof, at any time for any reason.

If we terminate these Terms of Service, the Terms of Service will continue in full force, so far as such Terms of Service relate to existing bookings or the consequences of any previous booking (including Terms of Service relating to fees, disclaimers, liability and damage). For greater clarity, you agree to honor any outstanding bookings and you agree to indemnify us on a continuing basis in respect of any cancelled bookings, cancelled Charging Rights of Use, or fees that you owe to us or to a Provider.

You may cancel the Service at any time by emailing info@swtchev.com and then following the specific instructions indicated to you in SWTCH’s response. If, at the date of termination of the Service, there are any outstanding fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again and we will proceed with terminating the Service.

Upon termination of the Service for any reason:

  • SWTCH will cease providing you with the Service and you will no longer be able to access your SWTCH Account;

  • unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any fees, pro rata or otherwise;

  • any outstanding balance owed to SWTCH or a Provider for your use of the Service through the effective date of such termination will immediately become due and payable in full; and

  • your SWTCH Account and Profile Content will be taken offline in our sole discretion.

Fraud: Without limiting any other remedies, SWTCH may immediately suspend or terminate your SWTCH Account if we suspect that you (by conviction, settlement, insurance, investigation, tips or otherwise) have engaged in fraudulent activity in connection with the Service. We will not fully close your SWTCH Account until we have satisfied ourselves that you have committed or attempted to commit fraud. If we find no evidence of attempted or actual fraud, we may choose to re-open your SWTCH Account, but our investigation could take some time.

 

Email and/or Text Messaging

 

By creating an SWTCH Account, you agree and provide your express consent that the Service may send you commercial electronic messages, informational email, text (SMS) or other electronic messages as part of the normal business operation of your use of the Service.

 

Promotional Codes

 

SWTCH may, in its sole discretion, create promotional codes that may be redeemed for SWTCH Account credit, or other features or benefits related to the Service and/or a third party provider's service, subject to any additional Terms of Service that SWTCH establishes on a per promotional code basis (Promo Codes). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by SWTCH; (iii) may be disabled by SWTCH at any time for any reason without liability to SWTCH; (iv) may only be used pursuant to the specific terms of service that SWTCH establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to use. SWTCH reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other User in the event that SWTCH determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms of service or these Terms of Service.

 

Network Access and Devices

 

You are responsible for obtaining the data network access necessary to use the Service. Your mobile network's data and messaging rates and fees may apply if you access or use the Service from a wireless-enabled device and you will be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Service and any updates thereto. SWTCH does not guarantee that the Service, or any portion thereof, will function on any particular hardware or devices. In addition, the Service may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Malfunctioning EV Charging Equipment

If you experience any malfunctioning EV charging equipment or are unable to charge, it is your responsibility to alert the Provider and request a refund of your Right of Use Fee, Network Management Fee and Service Fee, which will be reviewed and processed in accordance with our policies on Cancellations and Refunds, below.

 

Payment Terms of Service

Definitions

 

Listing means a description and additional information about the Charging Right of Use made via the Service by the Provider.

Network Management Fee means the amount that is due and payable by a User in exchange for SWTCH's management of the EV charging network, plus applicable tax.

Overstaying Fee means the amounts that are due and payable by a Community User (as defined below) who occupies a parking space beyond a certain time in contravention of the terms of the Charging Right of Use.

Payment Method means a payment method that you have added to your SWTCH Account, such as a credit card or other method of payment supported by SWTCH from time to time.

Right of Use Fee means the amounts that are due and payable by a User in exchange for the Charging Right of Use, plus applicable tax calculated on the pre-tax value of the Right of Use Fee, based on the Provider's charging policies, as they may be updated and amended at the Provider's discretion from time to time. By agreeing to these Terms of Service, you agree that you have been advised, and that you have agreed and understood that any fees charged for the use of the Charging Right of Use, including but not limited to for EV charging, are not based on metered electricity use and that no representation has been made that any meter used to measure electricity use is accredited or otherwise approved in accordance with the Weights and Measures Act, the Electricity and Gas Inspection Act or other applicable law as they may be amended from time to time.

SWTCH Account Balance means the is the amount of remaining payment credits in your SWTCH Account.

Service Fee means the fee that SWTCH charges to the User for booking under the Service, plus applicable tax calculated on the pre-tax value of the Service Fee.

Payment Terms of Service

After a Provider provides the Charging Right of Use, SWTCH will collect the Right of Use Fee, the Service Fee and the Network Management Fee from the User's Payment Method. SWTCH may also, at its sole discretion, collect an Overstaying Fee from a Community User's (as defined below) Payment Method and via other means of collection as necessary.

The Provider, not SWTCH, is solely responsible for honoring any confirmed bookings and making available the Charging Right of Use. If you, as a User, choose to enter into a transaction with a Provider for the Charging Right of Use, you agree and understand that you will be required to abide by any terms of service, conditions, rules and restrictions associated with such charging space(s) or Charging Right of Use posted in the Listing, at the charging site or as otherwise provided to you by the Provider. You acknowledge and agree that you, and not SWTCH, will be responsible for performing the obligations of any such agreements, that SWTCH is an agent for setting up the Charging Right of Use between you and the Provider and processing payment, not a party to the Charging Right of Use, and that SWTCH (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.

SWTCH may arrange for your SWTCH Account to be automatically topped up by $20 intervals when your SWTCH Account Balance falls below a minimum balance (Autoload) to pay for the Right of Use. This will be done using your Payment Method.

SWTCH may also initiate a pre-authorization and/or charge a nominal amount to your Payment Method. If a requested booking is cancelled by a Provider, any pre-authorization of your Payment Method will be released, if applicable.

 

Modifications to the Service and Prices

 

Service Fees are subject to change upon 30 days' notice from SWTCH. Such notice may be provided at any time by posting the changes to the Service website or sending an e-mail to SWTCH Users.

SWTCH shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Overstaying

Users of community parking spaces to which such User has no permanent or ongoing deed, license, lease agreement, right of use or other arrangement in relation to the parking space beyond the Charging Right of Use (Community Users) agree that a confirmed booking is merely a right of use granted by the Provider to the Community User to occupy and use the parking space and EV supply equipment for the limited duration of the confirmed booking and in accordance with the terms of the Charging Right of Use. Community Users further agree to disconnect from any EV supply equipment and leave the parking space(s) no later than the end-time as mutually agreed upon between the Provider and Guest via the Service in accordance with the terms of the Charging Right of Use.

If a User occupies a parking space beyond the end-time agreed upon in the Charging Right of Use, they no longer have a right of use to stay in the parking space and use EV supply equipment and SWTCH or the Provider is entitled to require the User to leave, including by calling local law enforcement or a private parking enforcement service and any expense associated therewith shall be the exclusive responsibility of the Community User. In addition, Community Users agree that SWTCH or the Provider may charge the Community User the Overstaying Fee, in an amount to be determined for each 15-minute period that the Community User occupies the parking space in contravention of the terms of the Charging Right of Use.

 

Cancellations and Refunds

 

If you are a User and a Provider cancels your confirmed booking made via the Service, SWTCH (i) will refund to you the Right of Use Fee, the Service Fee and the Network Management Fee for such booking, and (ii) pay you the full value of the Right of Use Fee you would have been charged as a credit that can be used against a subsequent Charging Right of Use.

In certain circumstances, SWTCH may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Service. Users and Providers agree that SWTCH and the relevant User or Provider will not have any liability for such cancellations or refunds.

If the EV charging equipment provided by the Provider malfunctions, or if you are unable to charge for any reason beyond your control, it is your obligation to alert the Provider and seek alternative arrangements from the Provider. As an agent for payment processing, SWTCH does not have the right to unilaterally offer a refund of your Right of Use Fee unless directed to do so by the Provider. If the Provider instructs us to provide a refund of your Right of Use Fee, we may, in our sole discretion, credit your original Payment Method (as defined below) within a reasonable time period (please allow up to 30 business days under normal circumstances) with a refund of your Right of Use Fee and the Service Fee.

 

Ownership

 

The Service and all rights therein are and shall remain SWTCH’s property or the property of SWTCH’s licensors. Neither these Terms of Service nor your use of the Service convey or grant to you any rights: (i) in or related to the Service except for the Charging Right of Use granted under these Terms of Service; or (ii) to use or reference in any manner SWTCH’s company names, logos, product and service names, trademarks or Service marks or those of SWTCH’s licensors.

 

Licenses

 

Subject to your compliance with these Terms of Service, SWTCH grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the application and website on your personal device solely in connection with your use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by SWTCH and SWTCH’s licensors.

 

User Content and Intellectual Property

 

We do not claim any intellectual property rights over the material you provide to the SWTCH service. All material you upload remains yours. You can delete SWTCH at any time by deleting your SWTCH Account, subject to the termination rules in these Terms of Service.

We will not disclose your confidential information to third parties, except as required in the course of providing the Service and in accordance with our privacy policy. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.

SWTCH shall have the non-exclusive right and license to use the names, pictures and Profile Content associated with your SWTCH Account to promote the Service.

SWTCH may, in SWTCH’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to SWTCH through the Service textual, audio, and/or visual content and information, including commentary and feedback related to the Service, initiation of support requests, and submission of entries for competitions and promotions (User Content). Any User Content provided by you remains your property. However, by providing User Content to SWTCH, you grant SWTCH a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Service and SWTCH’s business and on third-party sites and Service), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant SWTCH the license to the User Content as set forth above; and (ii) neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor SWTCH’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is false, defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by SWTCH in its sole discretion, whether or not such material may be protected by law. SWTCH may, but shall not be obligated to, review, monitor, or remove User Content, at SWTCH’s sole discretion and at any time and for any reason, without notice to you.

 

SWTCH Rights

 

We reserve the right to modify or terminate the Service for any reason, without notice at any time.

We reserve the right to refuse service to anyone for any reason at any time.

In the event of a dispute regarding SWTCH Account ownership, we reserve the right to request documentation to determine or confirm SWTCH Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, vehicle registration information, the last four digits of the credit card on file and other identification information.

SWTCH retains the right to determine, in our sole judgment, rightful SWTCH Account ownership and transfer an SWTCH Account to the rightful owner. If we are unable to reasonably determine the rightful SWTCH Account owner, SWTCH reserves the right to temporarily disable an SWTCH Account until resolution has been determined between the disputing parties.

We reserve the right to inspect the charging space at any time to verify any fees due in accordance with these Terms of Service.

 

Release and Indemnity

 

By agreeing to these Terms of Service you agree to this release and indemnity (the Release and Indemnity). You agree to voluntarily assume the risks of using the Service. You understand that these risks are broadly defined and include property damage, loss to property, personal injury or death and other losses. In return for your being permitted to use the Service, you hereby agree as follows:  

By agreeing to these Terms of Service, you unconditionally release and forever discharge SWTCH and its officers, directors, employees, servants, agents, affiliates, successors and assigns (collectively Representatives) from any and all claims, actions, suits, charges, proceedings, demands, damages and liabilities whatsoever (collectively the Claims) for death, personal injury, damage of or to property and any and all other loss or injury including, without limitation, economic loss or consequential damages (collectively Damages) that may result, directly or indirectly, from your use of the Service or the Charging Right of Use.

This release and discharge applies regardless of whether the Damages are occasioned, wholly or in part, by any act or omission of any third party, Provider or one or more of SWTCH or its Representatives, whether negligent or grossly negligent or otherwise. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Service, and any contact you may have with Providers whether in person or online remains with you. Neither SWTCH nor any Representative will be liable for any incidental, special, exemplary or consequential Damages, including lost profits, loss of data or loss of goodwill, property damage, service interruption, computer damage or system failure or the cost of substitute products or services, or for any Damages for personal or bodily injury or emotional distress arising out of or in connection with this release and indemnity, from the use of or inability to use the Service, from any communications, interactions or meetings with Providers or persons with whom you communicate as a result of your use of the Service, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not SWTCH has been informed of the possibility of such damage.

You agree that you will make no demand or Claim against SWTCH or its Representatives or against any other person who could Claim against one or more of SWTCH or its Representatives for the matters covered by this Release and Indemnity. You agree to indemnify and save harmless SWTCH and its Representatives and each of them from Claims for any and all Damages suffered by you and/or by any other persons arising from your use of the Service or the Charging Right of Use, whether the Damages are occasioned, wholly or in part, by any act or omission of one or more of SWTCH or its Representatives, whether negligent or grossly negligent or otherwise.

Should any portion of this Release and Indemnity be held to be invalid by any court of competent jurisdiction for any reason, such portion shall be severable from the remaining provisions herein and shall not otherwise affect the remaining provisions of this Release and Indemnity which shall continue to be enforceable.

If you choose to use the Service, you do so at your sole risk. The Service is provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, SWTCH and its Representatives explicitly disclaim any warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. SWTCH and its Representatives make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. SWTCH and its Representatives make no warranty regarding the quality of any parking accommodations, EV charging equipment, Providers, drivers, the Service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Service. Furthermore, SWTCH makes no warranties that they Service may be used legally in all jurisdictions.

No advice or information, whether oral or written, obtained from SWTCH or its Representatives, or through the Service, will create any warranty not expressly made herein.

By agreeing to these Terms of Service, you acknowledge and agree that you have read this Release and Indemnity. You fully understand its terms and agree with them. You understand and agree that this Release and Indemnity shall bind your heirs, assigns, administrators, executors, legal representatives, next-of-kin, and anyone else who may make a Claim for you or on your behalf.

 

User Conduct

 

All Users

You, as a User, agree:

  1. to be scrupulously honest and accurate in creating your SWTCH Account and in your dealings with us, Providers and Users;

  2. not to create any false SWTCH Account with SWTCH or use your SWTCH Account with SWTCH for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering;

  3. to leave the EV supply equipment provided by a Provider in the condition it was in when you arrived;

 

  1. to pay the cost of any damage you cause while using the Service;

 

  1. that SWTCH or the Provider may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to the Provider’s or third party's personal or other property during or related to your use of the Service;

 

  1. to cooperate with and assist SWTCH in good faith, and to provide SWTCH with such information as may be reasonably requested by SWTCH to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as SWTCH may reasonably request to assist SWTCH in accomplishing the foregoing;

 

  1. not to damage EV charging equipment, parking space, person or property in any way;

 

  1. to deal with SWTCH and its staff in a professional and courteous manner and in such a way as to not cause any harm or damage to our reputation;

  2. not to violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;

  3. not to use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other Service contained in the Service;

  4. not to access or use the Service or other SWTCH platforms to use, expose, or allow to be used or exposed, any User Content: (i) that is not publicly displayed by SWTCH in its search results pages or listing pages before a booking is confirmed; (ii) in any way that is inconsistent with the SWTCH Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of SWTCH’s Users or any other third party;

  5. not to use the Service for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies SWTCH endorsement, partnership or otherwise misleads others as to your affiliation with SWTCH;

  6. not to dilute, tarnish or otherwise harm the SWTCH brand in any way, including registering and/or using SWTCH or derivative Terms of Service in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to SWTCH domains, trademarks, taglines, promotional campaigns;

  7. not to copy, store or otherwise access or use any information contained on the Service for purposes not expressly permitted by these Terms of Service;

  8. not to infringe the rights of SWTCH or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;

  9. not to interfere with or damage the Service, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

  10. not to use the Service to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or SWTCH Account numbers;

  11. not to use the Service in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;

  12. not to “stalk” or harass any other User, or collect or store any personally identifiable information about any other User other than for purposes of transacting as an SWTCH User or Provider;

  13. not to register for more than one SWTCH Account or register for a SWTCH Account on behalf of an individual other than yourself;

  14. not to contact another User for any purpose other than asking a question related to a booking, parking space(s), listing, or the User’s use of the Service;

  15. not to recruit or otherwise solicit any User to join third-party services, applications or websites, without our prior written approval;

  16. not to impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

  17. not to use automated scripts to collect information from or otherwise interact with the Service;

  18. not to violate these Terms of Service or SWTCH’s then-current policies;

  19. not to engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Service;

  20. not to post, upload, publish, submit or transmit any Profile Content or User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

  21. not to systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

  22. not to use, display, mirror or frame the Service, or any individual element within the Service, SWTCH’s name, any SWTCH trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Service, without SWTCH’s express written consent;

  23. not to access, tamper with, or use non-public areas of the Service, SWTCH’s computer systems, or the technical delivery systems of SWTCH’s providers;

  24. not to attempt to probe, scan, or test the vulnerability of any SWTCH system or network or breach any security or authentication measures;

  25. not to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by SWTCH or any of SWTCH’s providers or any other third party (including another User) to protect the Service or Application;

  26. not to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Application to send altered, deceptive or false source-identifying information;

  27. not to attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Application;

  28. not to advocate, encourage, or assist any third party in doing any of the foregoing;

  29. not to cause nuisance, annoyance, inconvenience, or property damage to any person while using the Service or in any way related to your use of the Service; and

  30. not to obscure or alter their license plate or in any way attempt to circumvent SWTCH's ability to determine if User's car is appropriate parked or removed, as the case may be.

Violations

SWTCH has the right to investigate and prosecute violations of these Terms of Service to the fullest extent of the law. In addition, and as set in these Terms of Service, SWTCH may take a range of actions against you, including but not limited to removing or disabling access to any or all of your User Content or deactivating or canceling your profiles or SWTCH Account, for a violation of this section or these Terms of Service.

Collection and Use of Personal Information

In accordance with its Privacy Policy, available at https://burkebrooke.swtchev.com/en/infos/privacy, SWTCH may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against SWTCH or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with Users, such as these Terms of (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, (iv) protect the rights, property or safety of SWTCH, its Users or the public, or (v) with notice, to facilitate any merger, acquisition, reorganization, going-public event, sale of assets or bankruptcy, insolvency or any similar event undertaken by SWTCH.

You acknowledge that SWTCH has no obligation to monitor your access to or use of the Service or to review, remove, disable access to or edit any User Content, but has the right to do so for the purpose of operating and improving the Service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms of Service, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms of Service. SWTCH reserves the right, at any time and without prior notice, to remove or disable access to any content that SWTCH, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms of Service or otherwise harmful to the Service.

Safety and Complaints

If during the course of the Charging Right of Use you believe that a Provider or any person related to the Charging Right of Use or the Service is acting or has acted inappropriately, including but not limited to engaging in any of the following conduct: (i) offensive, violent or sexually inappropriate behavior or communication, (ii) theft or fraud, (iii) damage to property, or (iv) dangerous or otherwise potentially harmful behaviour, you should immediately take any steps required to ensure your safety, including leaving an unsafe situation and report such person to the appropriate authorities, if applicable and then to SWTCH by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

If we determine that you have ended a charge as a result of behavior by a Provider that violates our Terms of Service or was otherwise inconsistent with SWTCH's standards, we will refund you any Service Fees in accordance with our then-applicable refund policy. As noted above, any refund of your Right of Use Fee will need to be determined by the Provider.

If you behave in a way that violates these Terms of Service or is otherwise inconsistent with SWTCH's standards, you will be responsible for any costs we incur to refund any affected User, as well as other costs and charges that may result from a breach of these Terms of Service.

 

No Endorsement

 

SWTCH does not endorse any Provider. We therefore recommend that you always exercise due diligence and care when deciding whether to charge with a Provider. SWTCH is not responsible for any damage or harm resulting from your interactions with Providers.

By registering for a SWTCH Account, you agree that SWTCH may, but is not obligated to, request a consumer report on you from a consumer reporting agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law.

 

Third Party Service

 

The Service may be made available or accessed in connection with third party service and content (including advertising) that SWTCH does not control. You acknowledge that different Terms of Service and privacy policies may apply to your use of such third party service and content. SWTCH does not endorse such third party service and content and in no event shall SWTCH be responsible or liable for any products or Service of such third party providers.

In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms of service applicable to service you purchase from, or that are provided by, SWTCH’s partners or other third parties. You agree and acknowledge that we won't be liable for any damages or costs you suffer from using third party services.

If you install or enable a third party service for use with the Service, you grant us permission to allow the applicable third party provider to access your data and to take any other actions as required for the interoperation of the third party service with the Service, and any exchange of data or other interaction between you and the third party provider is solely between you and such third party provider. SWTCH is not responsible for any disclosure, modification or deletion of your data or profile, or for any corresponding losses or damages you may suffer, as a result of access by a third party service or a third party provider to your data or profile.

 

Feedback

 

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service (Feedback). You may submit Feedback by emailing us, through the contact section of the Service, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of SWTCH and you hereby irrevocably assign to SWTCH and agree to irrevocably assign to SWTCH all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At SWTCH’s request and expense, you will execute documents and take such further acts as SWTCH may reasonably request to assist SWTCH to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

 

Linked Content

 

The Service may include links to other web sites or material which are beyond its control. We are not responsible for any content on any site outside the Service, nor do we make any representation or warranty of any kind regarding any linked site or the information, products or Service appearing thereon.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Service must not be framed on any other site, nor may you create a link to any part of the Service other than the home page. You will remove any link you may have to the Service on our request.

Last Updated: August 24, 2018

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