TERMS OF USE


(Last modified on February 23, 2021)

1. Welcome, Acceptance, Definitions and Modifications

Welcome to the Kia EV Charging Portal Powered by ChargeHub located at https://kia.chargehub.com, which includes all subdomains and sub-pages, present and future (the “Website”). We are delighted that you have chosen to visit and shop with us.

By visiting or using the Website (including but not limited to purchasing a Product), or by clicking or tapping the acceptance button upon purchasing a Product you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions. If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website, and if you are making a purchase, you should not proceed with your purchase. The TOU are a legal and binding agreement between you and us.

If you accept or agree to these TOU 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 TOU and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

The Website is owned and operated by Mogile Technologies Inc., a Quebec corporation located in Montreal, Canada at the address listed below. Where the present TOU refer to “Mogile” they may refer to Mogile Technologies Inc. and / or its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), depending on the context. Any reference to “we”, “our”, or “us” in these TOU shall also refer to Mogile and / or its Representatives. In these TOU, a Website visitor or user may be referred to as “you” or “your”. When a Website user has made a purchase of a charger or other available product ( “Products”), they may be referred to as a “Purchaser”.

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy, and will have the same meaning in these TOU as they do there. The definitions found in these TOU shall also apply to the Privacy Policy.

Mogile reserves the right, at any time and without prior notice, to modify or replace any of the TOU. Any changes to the TOU can be found at this URL. It is your responsibility to check the TOU periodically for changes. Your use of the Website following the posting of any changes to the TOU constitutes acceptance of those changes. If there are any significant changes to the TOU that materially affect your relationship with us, we will use commercially reasonable efforts to notify you by sending a notice to your email address if you have purchased a Product, or by posting a prominent notice on the Website.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Website.

2. Contacting Us

If you have any questions about the TOU, please contact:

Mogile Legal:
legal.kia@mogiletech.com
or:

If you have any questions about your purchase of a Product, please contact:
Kia EV Charging Portal Powered by ChargeHub Customer Service
1-888-400-0164
or
support.kia@chargehub.com

3. General Code of Conduct for Use of the Website

By visiting the Website, you agree to:

4. General Website Usage

a. Age Requirements

You must be at least 18 years of age or the age of majority in your province to use the Website to purchase Products.

b. Costs of Home Charging Function and Disclaimer

The Website allows you to estimate the costs of home charging for your electric vehicle, using your model of automobile, the price of electricity as measured in kWh and other factors. Please note that the results you achieve from using this function may not be 100% accurate. Without limiting the generality of the Disclaimer of Warranties further in these TOU, neither Mogile nor its Representatives nor Kia Canada Inc shall be responsible for any loss or damage, pecuniary or otherwise, resulting from inaccurate results regarding the costs of your home charging.

c. Home Charger Installers and Disclaimer

The Website may allow you to browse through lists or a map of electricians (installers) in your area with their contact information. Neither Mogile nor Kia Canada Inc guarantee or provide the service of installation. Mogile only provides some information and means of contact of local installers who are listed on regional electrician directories and may or may not have been verified by Mogile staff. The Website may allow you to request installation quotes by sending certain Personal Information to installers you selected, as detailed in our Privacy Policy. Personal Information may include your Contact Information and other information necessary for providing a quote including general electrical panel descriptions, photos, distance from panel to installation location, photos of installation location and any other necessary information. Such information will be sent to installers via email. Mogile is not responsible for the information entered by you for the purpose of contacting installers once it has been sent to the installers. Without limiting the generality of the Disclaimer of Warranties further in these TOU, neither Mogile nor its Representatives nor Kia Canada Inc shall be responsible for any loss or damage, pecuniary or otherwise, resulting from the actions or operations of any installer you have connected with as a result of using this function on the Website.

d. Lists of Incentives and Disclaimer

The Website may list all known applicable incentives in your region for the purchase of an electric vehicle and residential charging stations. Although Mogile will use its best commercial effort to keep the incentives lists up to date, these lists may not necessarily be complete nor accurate. It is your responsibility to verify the listed incentive to ensure it is still in effect and accurate. Neither Mogile nor Kia Canada Inc is responsible for incorrect information displayed. Without limiting the generality of the Disclaimer of Warranties further in these TOU, neither Mogile nor its Representatives nor Kia Canada Inc shall be responsible for any loss or damage, pecuniary or otherwise, resulting from incorrect information regarding incentives displayed on the Website.

5. Products, Pricing, Taxes and Payments for Purchases of Products

a. Products for Sale through the Website

We have done our best to display as accurately as possible the style, look and colours of the Products shown on the Website. However, because what you may see will depend on your monitor or display, we cannot guarantee that your display of any Product will be accurate. While the Website attempts to be accurate in its product descriptions, neither Mogile nor Kia Canada Inc represents or warrants that Product descriptions or other content on the Website is accurate, complete, reliable, current, or error-free. If you find that a Product you purchase is not as described, your sole remedy is to return it in accordance with Mogile 's return policy as described below.

The purchase of Products on the Website is subject to availability. In the event that Mogile advises you that any products are no longer available, Mogile will have no obligation to fulfill your order and you will have no obligation to pay Mogile for the order.

b. Pricing, Taxes, Purchases and Discount Codes

Prices of Products displayed on the Website are firm and in Canadian dollars. Prices do not include applicable sales taxes, delivery fees or any other applicable fees, which shall be displayed during the checkout process, depending on your location and selections you have made (for example delivery method).

By confirming your purchase at the end of the checkout process by clicking the Complete Order button, you agree to pay Mogile the amount set out as the Total in the Order Summary section of the checkout process. The Total is quoted in Canadian dollars and includes any shipping and handling fees, any other additional fees, and all applicable taxes.

While we strive for accuracy in the pricing displayed on the Website and the other Product information we provide, errors can occur. In the event that a Product is mistakenly listed at an incorrect price, Mogile reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.

Mogile reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Purchaser's credit card charged. If the Purchaser has already been charged for the purchase and the order is cancelled, Mogile shall issue a credit to the credit card used to make the purchase in the amount of the incorrect price (plus any taxes and / or shipping or other fees), or refund the amount if another payment method is used.

If you have a valid discount code, it shall be applied and displayed during the checkout process once you enter the code. You may also be entitled to bulk discounts; these shall also be applied and displayed during the checkout process. In the event that an incorrect discount is applied, Mogile reserves the right to refuse or cancel any orders listed at an incorrect discount. Mogile reserves the right to refuse or cancel any such orders whether or not the purchase has been confirmed and the Purchaser’s credit card charged or other payment method received.

c. Payment Methods, Billing Information and Payment Processing

Depending on the Product purchased, the sub-pages of the Website used and other factors, various payment options may be available for your purchase. These may include wire transfer, Interac e- transfer, and payment by cheque (“Offline Payments”). If it is available and you have chosen an Offline

Payment method, instructions for completing your payment will be emailed to you upon completion of your order. Your Product(s) will only be shipped once your Offline Payment has been received by Mogile.

Online payment by credit card may also be available. If you are making a payment in this manner, you will be required to enter the credit card holder name, card number, card expiry date, card security code (CVV), and billing address if different from your delivery address. This information may be referred to in these TOU or the Privacy Policy as “Billing Information”. Your Billing Information must match the information associated with your credit card for the payment to be processed.

No matter what payment method is used, you must provide a telephone number and email address so that we can communicate with you about your order. This may be referred to in these TOU or the Privacy Policy as “Contact Information”.

All payments for Products made through the Website via credit card are processed using a secure https:// connection with a valid security certificate, and payment processing is handled through “Third- Party Payment Processors”, currently limited to Shopify Payments, though this is subject to change without notice. The Third-Party Payment Processor currently accepts certain credit and debit cards (which shall be displayed to you upon making your payment) as payment options, as well as other possible payment options, but these are subject to change without notice. Once transactions are accepted by the Third-Party Payment Processor, they are processed in accordance with their program rules and procedures and Terms of Use. Mogile and the Third-Party Payment Processor are unaffiliated companies and Mogile has no influence on the operations of the Third-Party Payment Processor. Mogile and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of the Third-Party Payment Processor.

All Billing Information is collected by the Third-Party Payment Processor, on their own secured servers. Mogile does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processor. Non-financial information will, however, be available to Mogile for shipping and record- keeping purposes.

d. Shipping and Delivery

Delivery of Products is available across Canada. Depending on the circumstances and the method chosen, delivery may be made by third-party delivery services such as Canada Post or other delivery services, a fulfilment service, direct from the manufacturer, or direct from a warehouse or Product vendor (the “Third-Party Delivery Services”). Mogile shall in no way be held responsible for any damages resulting from any error or failure on the part of a Third-Party Delivery Service. Risk of loss, damage or destruction shall pass to Purchaser upon delivery, except as provided for in the next section of these TOU.

6. Policies and Warranties for Purchase of Products

a. Return and Exchange Policy

Mogile is committed to your full customer satisfaction. If your Product(s) is(are) defective or damaged upon receipt or if you have received the wrong Product(s), we will refund your payment or exchange the Product(s) at no extra costs to you. If your purchase of a Product or Products does not meet your expectations in any way, we will be pleased to discuss the situation with you and potentially exchange it for another Product or for store credit. Exchange terms and store credit amounts will be determined at our discretion based on the condition of your Product (unopened box, open box, used, etc.). The only condition is that the request must be made within 30 days of your purchase.

To begin the return or exchange process, please email support.kia@chargehub.com, and we will provide instructions to you. Please note that we may ask you for pictures of the Product(s) you wish to return, and other additional information.

Mogile reserves the right to refuse any return or exchange which does not conform to this section of the TOU. When you return a Product, your refund will be issued according to the next section of these TOU.

b. Refunds

All refunds will be issued within seven working days following our receipt of the returned Product. Your refund will be issued to the same credit card or other payment method used to make the purchase and will include the shipping / delivery fees you paid to receive the Product(s), if applicable. If the Product(s) is(are) being returned for a reason other than for being damaged or incorrect, you will be responsible for shipping the Product(s) back to Mogile at your expense.

You will be notified by email when the refund has been processed. Please note your financial institution may require additional processing time to credit your account.

c. Cancellation

You may cancel your order of Product(s) if the order has not yet been shipped. If you wish to cancel your order, please email support.kia@chargehub.com to confirm the cancellation of your order, prior to receiving our email that your order has been shipped. If you have already paid for your order, your refund will be issued to the same credit card or other payment method used to make the purchase.

d. Warranty

Products are covered by a manufacturer’s warranty, the details of which shall be communicated to you with your Product(s) delivery. The warranty shall only apply for normal use of the Product and shall not cover any defects resulting from negligence, any incident causing damage, abnormal use, incorrect or faulty installation, or commercial use.

7. Proprietary Rights

a. Intellectual Property Rights

You acknowledge that: (a) the Website contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Mogile and/or third parties (via license) own all right, title and interest in and to the Website and content that may be presented or accessed through the Website, including without limitation all Intellectual Property Rights therein and thereto. All rights not specifically granted under these TOU are reserved to Mogile and its licensors. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Website, or content that may be presented or accessed through the Website for any purpose, unless otherwise permitted by these TOU or the functionalities of the Website; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Website; or (iii) remove, obscure, or alter Mogile’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Website.

The content, arrangement and layout of the Website, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to Mogile, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of Mogile, or as permitted by the functionality of the Website or these TOU. Any unauthorized use of the content, arrangement or layout of the Website, Computer Code, images, logos, videos, audio or trademarks found on or in the Website or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and Mogile may take action accordingly.

The above paragraph further applies to third party property used as part of the Website, including but not limited to third party Computer Code. For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

b. Submitted Information

If you choose to communicate to Mogile (via any means) suggestions for improvements to the Website or Mogile’s Products or business generally (collectively, “Feedback”), Mogile shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to Mogile and waive in favor of Mogile, its successors and assigns all your moral rights in the Feedback, and agree to provide Mogile such assistance as Mogile may require to document, perfect, and maintain Mogile’s rights to the Feedback. You acknowledge and agree that, by providing any Feedback to Mogile, you are not entitled to any compensation or reimbursement of any kind from Mogile under any circumstances.

c. Trademarks

The use of the Kia tradename, trademark and logo on the Website and in any communications relating to the Website is done with the permission of Kia Canada Inc.

8. Interruption of Service

From time to time the Website (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Website. While we will endeavour to make this unavailability as brief as possible, neither Mogile nor its Representatives nor Kia Canada Inc shall be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Website, and disclaims any responsibility thereto.

9. Termination of the Website and the TOU

You agree that Mogile, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, or otherwise suspend or terminate your access to the Website (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if Mogile believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.

Mogile may also, in their sole discretion and at any time, discontinue providing the Website, or any portion thereof, with or without notice. You agree that Mogile shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Website, or from Mogile’s termination of the Website or any part thereof.

Termination of the Website or your access to the Website shall terminate the present TOU as between you and Mogile. All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation intellectual property provisions, disclaimers, indemnity and limitations of liability.

10. External Links

a. General External Links

From time to time Mogile may provide links to other websites or online services. Links from the Website may take you to websites or services that are not covered by these TOU and not owned by Mogile. When you access third-party resources on the Internet in this manner, you do so at your own risk. Mogile provides those links as a convenience to you and Mogile takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services. We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit. Mogile does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or the third parties operating those websites or services.

In no way will Mogile or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Website or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or service (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

b. Use of Google Maps

The Website makes use of the Google Maps Platform, and when you use the Website Google Maps may be opened from a link on the Website. Your use of Google Maps on the Website or on its own is subject to the current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://policies.google.com/privacy, which we encourage you to read.

11. Disclaimer of Warranties

You expressly understand and agree that your use of the Website, the information or material thereon (whether provided by Mogile or third parties) or any activity arising from your use of the Website or the information thereon (including but not limited to your use of a purchased Product) or the materials streamed or downloaded therefrom is at your sole risk. The Website, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or device or loss of data that results from the download or access of any material obtained through the use of the Website or any other functionalities of the Website, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Website, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Website or the information thereon (including but not limited to your use of a purchased Product) or any materials downloaded therefrom.

The information or resources provided on the Website, written or produced by Mogile staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information on the Website is as accurate and up-to-date as possible. However, certain information may change, and errors or omissions may occur, and neither Mogile nor its Representatives nor Kia Canada Inc shall be responsible for any loss or damage, pecuniary or otherwise, resulting from changes or errors in information, or any omission, on the Website.

Except as provided for in the warranties for Products, Mogile expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Website, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose. Mogile and its Representatives do not warrant that: (i) the Website will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Website is free of viruses or other harmful components; (iv) functionalities of the Website will work equally in desktop and mobile environments; or (v) the results of using the Website, or any activity arising therefrom (including but not limited to your use of a purchased Product), or any content downloaded therefrom will meet your requirements.

12. Limitation of Liability

To the extent permitted by law, Mogile shall not be liable and assumes no responsibility for any loss or damages whether pecuniary or otherwise arising from or relating to the information available through the Website or downloaded therefrom, the use of the Website, activities arising from your use of the Website (including but not limited to your use of a purchased Product), or any third-party materials on the Website or available through the Website.

To the maximum extent permitted by law, in no event will Mogile or its Representatives: (i) be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Website or your use, misuse or inability to use the Website, even if Mogile has been advised of the possibility of such damages. This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

13. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Mogile or its Representatives, you agree to indemnify, defend and hold harmless Mogile and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information thereon or information or materials downloaded therefrom; (ii) your participation in any activities arising from the Website (including but not limited to your use of a purchased Product), the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

14. Governing Laws and Jurisdiction

These TOU, and your use of the Website shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the Federal laws of Canada applicable therein in force at the time without regard to conflict of law provisions. Without limiting the generality of the foregoing governing law, Mogile’s practises with respect to the purchase of Products online are designed to be in conformity with Quebec’s Consumer Protection Act (R.S.Q. c. P-40.1), and its related regulations.

You agree that any legal action or proceeding between you and Mogile shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada. Notwithstanding the foregoing, Mogile shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.

15. Miscellaneous Provisions

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Questions?

Contact-us by phone at 1-888-400-0164
or by email at support.kia@chargehub.com