Terms and conditions

TERMS OF USE OF WEBSITE

In-Effect Date: June 26, 2018

Thank you for using our websites www.flo.com any associated sites, our mobile application or our transactional pages (collectively, the “Sites”), owned and operated by FLO Services USA Inc. (“FLO”) having its principal office at offices located at Corporation Trust Center, 1209 Orange Street, Wilmington, New Castle County, Delaware 19801, USA.

Acceptance of Terms of Use

By using any of the Sites, you agree to be bound by the following terms of use of the Sites, our privacy policy (our “Privacy Policy”) and any terms and conditions of sale provided during your purchase or use of any of our products or services, all of which form integral parts of these Terms of Use (collectively, the “Terms of Use”). If you do not wish to accept the Terms of Use, you are required to stop using the Sites.

The Terms of Use constitute a contract between you and FLO regarding access to and use of the Sites. FLO invites you to read the Terms of Use carefully before using the Sites and to not hesitate to contact FLO’s webmaster if you have any questions at webmaster@flo.com.

Any inconsistencies between these Terms of Use, the Privacy Policy and any terms of conditions of sale shall be resolved by FLO in its sole and absolute discretion.

Modification to Terms of Use

In the spirit of continuously improving its processes and operations, FLO reserves the right to modify, at its sole discretion, the Terms of Use or to add new terms and conditions. By accessing and using the Sites after amended Terms of Use have been posted, you accept to respect and be bound by such amended Terms of Use. FLO invites you to consult the Terms of Use from time to time to be up-to-date.

Suspension or termination of access to Sites

FLO may, at its sole discretion, decide to stop providing (permanently or temporarily), to you or to all, access to the Sites (or a functionality of the Sites) without prior notice and without any liability or cost to FLO.

If FLO experiences technical difficulties with the Sites, you may be unable to access the Sites and your account details or to complete a transaction during such a period. FLO shall use reasonable commercial efforts to advise you of when the problem will be resolved but makes no express warranties regarding when service will be restored. You may not rely on any timing guidance provided during technical difficulties—such guidance is to be treated as an informed estimate only.

Use of Sites

The Sites allow you to access information on the various electric vehicle charging products and services offered by FLO, to make purchases and to use the FLO charging network and in some cases, to learn about and use other networks with which FLO has a roaming arrangement, subject to your agreement to the terms of those networks. The information provided on the Sites is offered by FLO for reference only and may not be relied upon by you or any person.

 

Prohibited Uses of the Sites

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. FLO reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any FLO server, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of FLO, including any FLO account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the Sites.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or FLO’s systems or networks, or any systems or networks connected to the Sites or to FLO.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FLO on or through the Sites or any service offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of FLO or others.

You are prohibited from and agree not to submit to the Sites any information that is inappropriate, obscene, or fraudulent. You are prohibited from and agree not to engage in any activity related to the use of the Sites that constitutes a criminal offence or unlawful action.

You must not deploy any kind of destructive software on the Sites, such as a virus, computer worm, Trojan horse, time bomb, cancelbot or any other harmful file, program or code designed to interrupt, destroy or limit the functionality of the Sites. You must not attempt to gain unauthorized access to the Sites or other computer systems or networks related to the Sites, by hacking passwords or other means; obstruct or disrupt networks or servers related to the Sites or breach the rules, policies or procedures of such networks; or use, download or otherwise copy or provide to another person or entity the directory of users or other information on users, or information on the use or part of same for purposes other than those related to use of the Sites.

Mobile Application

By installing the FLO application, you consent to the activation by FLO of the FLO mobile application and to all future updates and upgrades. You may refuse consent at any time by uninstalling the application from your device. For help, contact FLO at service@flo.com.

Be advised that the activation of the FLO mobile application (including updates and upgrades) may have these consequences:

  • your device will communicate with our servers to provide the functionalities and services (as described on the platform used to download the mobile application, such as iTunes or Google Play);
  • we will prompt you to accept to share your geolocation in order to help us tailor our services to your needs, such as directing you towards the closest available charging station;
  • your preferences relating to mobile applications or data stored on your device may be affected; and
  • personal information may be collected, as more fully explained in our Privacy Policy.

Your telecommunications providers and credit card processing companies may charge you fees in relation to your use of the FLO mobile application or of our services, as well as when updating the application. These fees are at your expense.

Registration with the Sites

Certain pages of the Sites require registration. If you choose to register, you agree to provide accurate information regarding yourself, and to keep this information up-to-date.

You are responsible for:

  • maintaining the confidentiality of the passwords you choose or that are assigned to you following your registration;
  • any activity carried on under your user name; and
  • exiting your account at the end of each session.

You undertake to notify FLO in writing of any unauthorized use of your user name or your password as soon as you are aware of such activity, by email or otherwise. You are responsible for any losses or damages incurred until the time of the written notice.

Personal Information

All personal information that you may provide to the Sites is subject to our Privacy Policy. This policy is an integral part of these Terms of Use and FLO invites you to read this policy carefully before giving any personal information.

Electronic Mail

Electronic mail is neither protected nor confidential. Messages may be lost or intercepted as are communications by other means (for example postal mail). No electronic system can be perfectly protected or error-free. FLO will not be responsible for damages you may suffer through the exchange of electronic mail or messages, should they be generated by you or by FLO.

Customer Content

The Sites may offer you functions that allow you to submit to FLO messages, comments, data, texts, software, music, sounds, photographs, images, videos and other materials to be posted on the Sites (“Customer Content”).

When you submit your Customer Content to FLO for posting on the Sites, please be advised that you are granting FLO an unrestricted, irrevocable, non-exclusive, perpetual and royalty-free worldwide:

  • license to use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute, publicly perform or display your Customer Content for any purpose whatsoever; and
  • sublicense to third parties who have access to the Sites to use on a computer, mobile telephone or other electronic device for personal and non-commercial use.

In addition to the granting of the above license, please be advised that:

  • You agree to waive all moral rights to the Customer Content in favor of FLO;
  • FLO cannot be held liable for any loss, corruption or damage to your Customer Content; and
  • the Customer Content will be considered non-confidential.

By submitting your Customer Content to FLO, you represent and warrant to FLO that the Customer Content:

  • is original;
  • does not infringe any intellectual property right;
  • belongs to you exclusively, or as the case may be, you have obtained the holder’s written permission to submit the Customer Content;
  • does not contain any defamatory comment or any obscenity and does not violate a third party’s privacy or publicity rights.

Copyright

All texts, images, photographs, information, audio clips, video clips, software and codes available on the Sites (collectively the “Content”), including the presentation of the Content and the Customer Content (defined above) are protected by United States and foreign laws, including copyright laws, and belong to FLO, its affiliates or its licensors.

For so long as you agree to and comply with these Terms of Use, FLO grants you a personal, non-exclusive, non-transferable license to use and display the Sites and their Content on your computer, mobile phone or any other electronic device, solely for personal and non-commercial use, and to make one copy, for backup or hard copy purposes, on condition that you do not alter their Contents and that you retain the copyright notices.

The modification, reproduction, distribution, transmission, dissemination, representation, networking, marketing, publication, licensing, public performance, downloading, creation of derivative works, internet posting, sale or any exploitation of the Sites and their Content are prohibited.

Software

All the software integrated into or included on the Sites, including all files and/or images contained in or generated by such software, is protected by copyright and may be protected by other rights as well. Such software belongs to FLO, its affiliates or its licensors.

You may not: (i) use, reproduce, modify, adapt, translate, download or transmit the software, in whole or in part; (ii) sell, lease, rent, license or transfer the software or otherwise allow access thereto; (iii) alter, remove or cover any trademark or notice of ownership included in the software; and/or (iv) decompile, disassemble, decrypt, extract or reverse-engineer the Sites and its components, including, without limitation, the software, or assist anyone to do so.

You acknowledge that you do not hold any right, title, interest or license to or in the software integrated into the Sites or that may be downloaded from the Sites

Trademarks

Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Sites may be trademarks belonging to FLO or other service providers, used with the consent of third-party owners (the “Trademarks”). You agree not to remove, edit or otherwise alter Trademarks, service marks, logos and other proprietary information contained on the Sites. Trademarks and the information contained on the Sites, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent.

Social media websites

Certain pages of the Sites may be accessible through various social media platforms, including, but not limited to, Facebook, Twitter, YouTube, LinkedIn and others. Before consulting or using the Sites through these social media platforms, you must read and comply with their respective terms of use and privacy policy.

Hyperlinks

The fact that the Sites offer links to other websites does not mean that FLO endorses or approves the content of these websites or the products, services or publications that may appear thereon. The content available through these hyperlinks is not subject to FLO policies. Therefore, FLO shall not be held responsible for any damages that you may incur when you are redirected to another website by way of a hyperlink.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT THE USE OF THE SITES AND THE INTERNET IS AT YOUR SOLE RISK.  THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.  FLO PROVIDES THE SITES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FLO WILL HAVE ADEQUATE CAPACITY FOR THE SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE SITES ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR ANY OTHER DAMAGES THAT RESULTS FROM SUCH ACCESS OR USE.

FLO makes no warranty regarding the Sites and/or their Content and expressly disclaims any warranties or representations that:

  • They will meet your needs and expectations;
  • They will be accurate, complete, reliable or relevant;
  • Their operation will be uninterrupted, timely, secure, or error-free;
  • That defects or errors will be corrected; or
  • That they will be free of viruses or harmful elements.

Limitation of Liability

You agree that in no event shall FLO, its affiliates (including its parent company AddÉnergie Technologies INC.) and their employees, officers, directors or representatives (“FLO Representatives”) have any responsibility or liability for any loss or damage whatsoever, including incidental, indirect, punitive, exemplary, consequential or special damages (including but not limited to damages for pain and suffering, emotional distress or similar damages, harm to business or reputation, loss of information, loss of profit, loss of revenue or income, loss of salary or other compensation from employment), arising from or in connection with the use or performance of the Sites or its Content even if FLO or any FLO Representative has been advised of the possibility of such damages or loss or if such damages or loss was foreseeable.

FLO and FLO Representatives disclaim all liability for the acts, omissions or conduct of any third-party user of the Sites or of any advertiser or sponsor of the Sites (“Third-Party Users”) and may in no case be held liable for any loss or damage (including, without limitation, special, indirect, consequential, punitive, exemplary or incidental damages) or costs arising in any manner from:

  • The acts, omissions or conduct of a Third-Party User; and
  • The use of or inability to use any software, Content or services of the Sites or offered through another site linked to the Sites.

If, notwithstanding the other provisions of these Terms of Use, FLO is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Sites or any Content, FLO’s liability shall in no event exceed the greater of (1) the total of any fees with respect to any service on the FLO Network paid in the six months prior to the date of the initial claim made against FLO (for greater certainty not including the purchase price for any FLO hardware or software products or any FLO extended warranties or similar support program), or (2) $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnification

You will indemnify and hold FLO and FLO Representatives (the “Indemnified Parties”) harmless from and against any claims brought by third parties resulting from:

  • any breach by you of the Terms of Use;
  • your browsing or use of the Sites or any site to which the Sites are or may be linked from time to time, or your inability to do so;
  • your use of or reliance upon publications, communications, distributions or downloads of any nature through the Sites; and/or
  • your violation of any applicable law, rule or regulation.

You agree that the Indemnified Parties will have no liability in connection with any such claim and agree to hold them harmless against any and all resulting losses, damages, judgments, awards, costs, expenses, as well as judicial and extrajudicial fees and costs.

Violation of These Terms of Use

FLO may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FLO’s rights or property, or the rights or property of visitors to or users of the Sites, including our other customers. FLO reserves the right at all times to disclose any information that FLO deems necessary to comply with any applicable law, regulation, legal process or governmental request. FLO also may disclose your information when FLO determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that FLO may preserve any transmittal or communication by you with FLO through the Sites or any service offered on or through the Sites, and may also disclose such data if required to do so by law or FLO determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others or (4) protect the rights, property or personal safety of FLO, its employees, users of or visitors to the Sites, and the public.

You agree that FLO may, in its sole discretion and without prior notice, terminate your access to the Sites and/or block your future access to the Sites if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Sites. You also agree that any violation by you of these Terms of Use may constitute an unlawful and unfair business practice, and may cause irreparable harm to FLO, for which monetary damages would be inadequate, and you consent to FLO obtaining any injunctive or equitable relief that FLO deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FLO may have at law or in equity.

If FLO does take any successful legal action against you as a result of your violation of these Terms of Use, FLO will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to FLO. You agree that FLO will not be liable to you or to any third party for termination of your access to the Sites for any reason.

Void Where Prohibited

The information provided on the Sites are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject FLO to any registration requirement within such jurisdiction or country.   FLO makes no representation or warranty that any material on the Sites are lawful in every jurisdiction from which such Content can be accessed, or is available for use in all jurisdictions.  If you access or use the Sites from a jurisdiction outside the State of Delaware you are responsible for compliance with all applicable local laws.

Governing Laws

The Sites are made accessible, operated and controlled from FLO in the State of Delaware USA.   It can be accessed from various countries of the world.  The laws of the State of Delaware, without regard to conflicts of law provisions, will apply to all matters arising out of or in connection with the Sites and your access and use of the Sites.  By accessing or using the Sites, you submit and consent to the exclusive jurisdiction of state and federal courts in the State of Delaware with respect to any dispute or cause of action (whether contractual or non-contractual) arising out of or in connection with these Terms of Use, the Privacy Policy, any terms and conditions of sale and/or your access and use of the Sites.

Binding Arbitration and Class Action Waiver

You and FLO agree to arbitrate all disputes between you and FLO or its affiliates relating to your use of the Site or otherwise arising from these Terms of Use, the Privacy Policy and the limited warranty and terms and conditions of sale applicable to FLO’s products, except disputes relating to the enforcement of FLO or its affiliates’ intellectual property rights.  You and FLO empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use, the Privacy Policy and the limited warranty and terms and conditions of sale applicable to FLO’s products, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.  All disputes shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.  YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.  Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes.  For more information, visit www.adr.org.

To start an arbitration proceeding, use the form on AAA’s website (www.adr.org)

Arbitration may be conducted in person, through the submission of documents, by phone or online.  The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. Arbitration will take place in Delaware, USA, and you and FLO agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.  Neither you nor FLO will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

You agree that any action at law or in equity arising out of or relating to the Site, these Terms of Use, the Privacy Policy and limited warranty and terms and conditions of sale applicable to FLO’s products that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in Delaware, USA. and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

Complaints, Notices and Contact Information

FLO takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously.  If you believe that any of the material that is or was on the Sites infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us at webmaster@flo.com.

General Provisions

If any provision of these Terms of Use, the Privacy Policy and/or terms and conditions of sale (if applicable) is held to be invalid or unenforceable, that provision will be deemed severable to these Terms of Use, the Privacy Policy and/or terms and conditions of sale and shall not affect the validity and enforceability of any remaining provisions which will remain in full force and effect. The Terms of Use, the Privacy Policy and/or terms and conditions of sale (if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Each party acknowledges that, in entering into these Terms of Use it has not relied on, and (in the absence of fraud) shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in these Terms of Use.  Nothing in the foregoing sentence shall exclude or restrict the liability of you arising out of fraud or fraudulent misrepresentation.  Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by FLO.  The failure of party to assert any right under these Terms of Use shall not be considered a waiver of that party’s right will remain in full force and effect. You are not allowed to assign these Terms of Use or any rights hereunder.  FLO is allowed at its sole discretion to assign these Terms of Use or any rights hereunder to any third party, without giving prior notice to you.

 

© 2018. FLO Services USA Inc. All rights reserved.

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