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Last Updated: November 1, 2021
1. Your Acceptance
Welcome. This Terms of Omnicharge Platform (the “Terms”) between Omnicharge, Inc., a Delaware company and its affiliates (collectively, “Omnicharge”) and you (“you” or “your” or “user(s)”) governs your access or use of our mobile-based or web-based applications and any products made available by us, including the Omnicharge power stations (collectively, the “Omnicharge Platform”). The Omnicharge power stations or other Omnicharge products may be provided to you by our third-party partners (“Provider”).
Throughout this document, the words “Omnicharge,” “us,” “we,” and “our,” refer to our company, Omnicharge Inc. and the Omnicharge Platform, as is appropriate in the context of the use of the words.
In some instances, a separate document that provides additional conditions may apply to a service or product offered via the Omnicharge Platform ("Additional Terms''). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
2. Omnicharge Accounts
You can use parts of the Omnicharge Platform without having an account. However, you need an Omnicharge account to use some features, including activation and use of our products. During registration we require that you provide us with your name, e-mail address, physical address, date of birth and/or social media credential (collectively, “Account Information”). We may also require additional information from you as necessary to verify your identity. If we cannot verify your identity, we can refuse to allow you to use the Omnicharge Platform. You agree and understand that you are responsible for maintaining the confidentiality of your password and your login ID, which allow you access to the Omnicharge Platform. By providing us with your e-mail address, you consent to receive all required notices and information. Electronic communication may be posted on the Omnicharge Platform and/or delivered to your e-mail address we have on file for you. It is your sole responsibility to promptly update your information. You consent to receive communications electronically from Omnicharge until the termination of your account with us.
If you become aware of any unauthorized use of your account, you agree to immediately notify us at: email@example.com. It is your sole responsibility for any activities, costs and fees that occur under your account.
We have the final discretion in granting accounts and reserve the right to reject users without explanation. We reserve the right to reclaim any Omnicharge usernames and other unique login IDs on behalf of businesses or individuals that we believe may have trademark rights or other legal claims to them.
3. Fees and Payment
Paid Services. Some portions of the Omnicharge Platform may have fees associated with them (each, a “Paid Service”). You will have the opportunity to review and accept the fees that you will be charged before using a Paid Service. The applicable fees for the Paid Services is determined by the Provider renting the Omnicharge products to you. Unless otherwise stated, the applicable fees for the Paid Services are quoted in your local currency.
Payment Information. You are solely responsible for paying all fees and applicable taxes associated with your Omnicharge Platform account in a timely manner with a valid payment method. By electing to license or otherwise use a Paid Service, you authorize Omnicharge’s third-party payment processors (currently Stripe) to charge the credit card or other payment method identified by you (“Payment Method”), which you represent and warrant that you are authorized to use, for all applicable fees for that Paid Service, including all applicable taxes. For purchases of one-time Paid Services (i.e., not subscriptions), your Payment Method will be billed for that Paid Service on the date that you make the purchase. We will bill any periodic license fee to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). You acknowledge and agree that any credit card and related billing and payment information that you provide to Omnicharge may be shared by Omnicharge with companies who work on Omnicharge’s behalf, such as payment processors or credit agencies, solely for the purpose of checking credit, effecting payment to Omnicharge and servicing your account.
Third Parties and Fee Collection. The terms of your payment(s) will be based on your chosen Payment Method and will be determined by agreements between you and the financial institution providing such Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related or similar charges. Check with your bank and credit card issuers for details. If your Payment Method for any Paid Service fails or your account is past due, (i) you agree to pay all amounts due on your Omnicharge Platform account upon demand, (ii) Omnicharge may collect fees owed using other collection mechanisms (this includes charging other Payment Methods on file with us) and (iii) Omnicharge reserves the right to either suspend or terminate your access to one or more Omnicharge Platforms or your account with Omnicharge. Upon any such termination, you will remain obligated to pay all outstanding fees and charges relating to your account and your use of the Omnicharge Platform before termination.
Refund. You may dispute any charges incurred by using the dispute function in the Omnicharge Platform. Refunds (if any) made pursuant to a dispute, are at the discretion of the Provider.
Return. If you fail to return any Omnicharge product, including the Omnicharge power station rented to you by us or any Provider (“Rental”) for any reason, or damage your Rental, you will be considered overdue on the return of your Rental for all applicable purposes herein. If your return of the Rental is overdue, you expressly agree that you will be charged the fees set forth in the checkout screen plus any taxes applicable, minus the fees you already paid.
Taxes. You are responsible for paying any governmental taxes imposed on your use of the Omnicharge Platforms, including sales, use, or value added taxes. If requested, you will promptly furnish to Omnicharge the applicable receipts or certificates regarding such remittances as soon as reasonably practicable. To the extent that Omnicharge is obligated to collect such taxes, Omnicharge will charge your Payment Method or otherwise add the applicable tax to your billing account.
4. Your Responsibilities
You are responsible for your use of Omnicharge, and for any use of Omnicharge made using your username and account. Your right to use and access the Omnicharge Platform is personal to you and is not transferable to any other person or entity. You acknowledge that in order for the Omnicharge Platform to function properly, you must keep your Account Information up to date.
You agree that you may not use the Omnicharge Platform for any purpose that is unlawful or prohibited by these Terms, specifically you agree to the following:
5. Intellectual Property Rights
The Omnicharge Platform is owned and operated by Omnicharge. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the Omnicharge Platform provided by Omnicharge (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Feedback that are provided and owned by the applicable User(s), all Materials contained on the Omnicharge Platform are the property of Omnicharge or its subsidiaries or affiliated companies or third-party licensors. All trademarks, service marks, and trade names are proprietary to Omnicharge or its affiliates or third-party licensors. Except as expressly authorized by Omnicharge, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Omnicharge reserves all rights not expressly granted in these Terms.
Omnicharge shall be entitled to unrestricted use of any and all comments, suggestions, ideas, concepts with respect to the Omnicharge Platform disclosed or offered or submitted by you to us (collectively, “Feedback”). We may use the said Feedback for any and all purposes whatsoever, commercial or otherwise, without any payment or other obligation to you or any other person involved with the Feedback.
7. Disclaimer of Warranties.
(I) OMNICHARGE PLATFORM, INCLUDING WITHOUT LIMITATION, ALL MATERIALS, ARE MADE AVAILABLE ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND (II) OMNICHARGE AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE "OMNICHARGE PARTIES") MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE OMNICHARGE PLATFORM; (B) THE MATERIALS ON OR PROVIDED THROUGH THE OMNICHARGE PLATFORM; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE OMNICHARGE PLATFORM; (D) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE OMNICHARGE PLATFORM; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM OMNICHARGE OR VIA THE OMNICHARGE PLATFORM. IN ADDITION, THE OMNICHARGE PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.
THE OMNICHARGE PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE OMNICHARGE PLATFORMS ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. THE OMNICHARGE PARTIES DO NOT WARRANT THAT YOUR USE OF THE OMNICHARGE PLATFORMS OR ITEMS ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE OMNICHARGE PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.
BY ACCESSING OR USING A OMNICHARGE PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT OMNICHARGE PLATFORM.
8. Limitations on Liability; Assumption of Risk
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL ANY OF THE OMNICHARGE PARTIES AND THE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE ACCESS OF, USE OR INABILITY TO USE OUR SERVICES AND/OR CONTENT, INCLUDING WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NON-DELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE OMNICHARGE PLATFORM.
You agree to defend, indemnify and hold harmless the Omnicharge Parties, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Omnicharge Platform; (b) your violation of any term of these Terms; or (c) your violation of any third party right, including without limitation any copyright, property, or privacy right. This defense and indemnification obligation will survive these Terms and your use of the Omnicharge Platform.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
10. Choice of Law
Your physical address will determine the law that will apply in any dispute or lawsuit arising out of or in connection with these Terms and the courts that have jurisdiction over any such dispute or lawsuit, as set out in the table below:
|User Location||Governing Law (without reference to conflicts of laws) and Jurisdiction|
|North America||Laws of California, with exclusive jurisdiction in the courts of Los Angeles, California.|
|Japan||Laws of Japan|
|Europe||Laws of Switzerland, with exclusive jurisdiction in the courts of Zurich|
|China||Laws of China|
In the event that a provision of these Terms is found to be unlawful, conflicting with another provision of the Terms, or otherwise unenforceable, the Terms will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of these Terms are deemed to conflict with each other's operation, Omnicharge shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under these Terms as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of these Terms or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
13. Our Termination and Cancellation Rights
We may terminate or suspend the Omnicharge Platform or your account or any other provision thereof at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate these Terms or the Omnicharge account, you are solely responsible for properly canceling your account. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under these Terms to any other party without our prior written consent. We may assign our rights and/or obligations under these Terms to any other party at our discretion.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms on a going-forward basis at any time by posting the amended Terms on our website. Please check these Terms periodically for changes. We may provide additional notice, such as an email message or a message within the Omnicharge Platform, of any material changes, but such changes will be effective as provided herein whether or not such message is sent or received. Unless we state otherwise, changes are effective seven (7) days following the date posted on our website. If you continue to use the Omnicharge Platform after the effective date, you agree to the changes. For the avoidance of doubt, disputes arising under these Terms will be resolved in accordance with these Terms as in effect at the time the dispute arises.
We may also change or discontinue the Omnicharge Platform in whole or in part at any time, in our sole discretion. Such changes may include, but not be limited to, changes to the number of administrative Users you have on the Omnicharge Platform at any time. Your continued use of the Omnicharge Platform indicates your agreement to the changes.
We may amend these Terms from time to time. When we amend these Terms, we will update this page and indicate the date that it was last modified. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and the Omnicharge Platform. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Terms.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.