Terms and Conditions
TERMS AND CONDITIONS OF
Last revision: March 17th, 2020
Unico Power Corporation (“Unico Power”, “us”, “we”, “our”) provides electric vehicle charging infrastructure to support electric vehicle charging which includes a energy management system, electric vehicle supply equipment and a cloud-based software services (“Service”) for our members to access our electric vehicle charging units and management software services.
The following Terms and Conditions govern and apply to your use of or reliance upon this website and https://app.unicopower.com/ maintained by Unico Power Corporation.
Your access or use of the Website and our Service indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website and Services will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website and Services are owned by us or our licensors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website, including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of the Company; All rights reserved.
2. USE OF COMPANY MATERIALS
3. ACCOUNT AND ACCOUNT USE
If your use of the Service requires an account identifying you as a user of the Service (an "Account"):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
To access Unico Power’s Service, each user will be billed based on a monthly subscription plan.
When you subscribe to our Services, you agree to provide a current, valid, accepted payment method to make a payment. The total price may include taxes and fees, all of which you are responsible for.
When you provide a payment method to us, you confirm that you are permitted to use that payment method. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount to the payment method you designate for the transaction. You also authorize us to collect and store that payment method, along with other related transaction information. The payment method can be updated from time to time.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe doing so may prevent financial loss.
Unico Power may change the pricing and subscription plans for our services from time to time. All users will be notified of these changes and any changes to pricing will apply to subsequent billing cycles.
In order to prevent financial loss to you or to us, we may contact your funding instrument issuer, law enforcement, or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
Payment for the Services is billed automatically until notification that you would like to terminate your access to the Services.
You are responsible for any unpaid amounts. If a payment is not settled due to insufficient funds, expiration, or otherwise, we will suspend your access to the service until we have successfully charged a valid payment method. For certain payment methods, the issuer may charge extra fees. Check with your payment method service provider for more details.
You can update your payment method by going into the Service’s “Accounts” page. By making any updates to your payment method, you authorize Unico Power to continue charging the applicable payment method.
5. BILLING CYCLE
Your initial payment will be processed on the 1st of the following month. We will prorate the first month’s fees and add that amount to the following month’s bill. For example, you start your subscription on October 9th, you will be billed from October 9th to 31st (23 days) and that amount will be added to your November bill which is processed on November 1st.
All payments will be processed on the 1st of each month and your subscription will automatically be renewed until notification that you would like to terminate your access to the service.
6. SALE OF GOODS AND SERVICES
We may sell goods or services or allow third parties to sell goods or services on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
7. ACCEPTABLE USE
You agree not to use the Website or Unico Power’s Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website or Service in any way that could damage the Website, the Services or the general business of Unico Power Corporation.
You further agree not to use and/or access the Website and/or Service:
a) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
b) To violate any intellectual property rights of us or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
8. PROTECTION OF PRIVACY
Through your use of the Website and Service, you may provide us with certain information. By using the Website and Service, you authorize us to use your information in Canada and any other country where we may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you have provided, such as your email address.
9. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website and Service;
b) Violate the security of the Website and Service through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
10. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
You defend and indemnify Unico Power Corporation and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defence, if we wish to so.
12. SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
13. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
15. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
16. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party's equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
17. NO WARRANTIES
Your use of the Website is at your sole and exclusive risk and any services provided by us are on an "as is" basis. We disclaim any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the Website will meet your needs or that the Website will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services. Any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Website is your sole responsibility and we are not liable for any such damage or loss.
Internet communications are subject to interception, loss or alteration and, as consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
19. LIMITATION ON LIABILITY
We are not liable for any damages that may occur to you as a result of your use of the Website or Service, to the fullest extent permitted by law. The maximum liability of Unico Power Corporation arising from your use of the Website or Service is limited to the greater of one hundred ($100) Canadian Dollars or the amount you paid to Unico Power Corporation in the last six (6) months. This applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
20. GOVERNING LAWS
This Agreement will be construed in accordance with and governed by the laws of the province of Alberta, Canada.
21.1 CUSTOMER SUPPORT
If you need assistance with your account or to find out more information regarding our services, you can contact us at firstname.lastname@example.org.
21.2 ELECTRONIC MAIL
Unico Power may send information regarding your account or services in electronic form only. For example, an email from Unico Power to your email address provided during the registration process.
All rights reserved.