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 firstname.lastname@example.org if you do.
By creating an 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).
ServiceSWTCH provides a marketplace application and website as well as associated media and support (the Service) that helps its users (Hosts) enter into agreements with other users (Guests) to temporarily park and charge Guests' electric vehicles (EVs). We refer to Hosts and Guests collectively as Users. We call the service Hosts provide to Guests the Charge. Anyone who uses the Service, including both Hosts and Guests, is called a User. Any new features or tools that are added to the current 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 SWTCH website.
The Service is made available solely for your personal, noncommercial use. You acknowledge that SWTCH does not provide the Charge. SWTCH is not a party to any agreements entered into between Hosts and Guests, nor is SWTCH a landlord, a real estate broker, agent or insurer. SWTCH has no control over the conduct of Hosts and Guests and other Users of the Service or any accommodations, and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to create a listing on SWTCH, you understand and agree that your relationship with SWTCH is limited to being a User and an independent, third-party contractor and not an employee, agent, joint venturer or partner of SWTCH for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of SWTCH. SWTCH does not control, and has no right to control, your listing, your offline activities associated with your listing, or any other matters relating to any listing, that you provide. As a User, you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of SWTCH, including by inappropriately using any intellectual property of SWTCH.
You acknowledge and agree that, by accessing or using the Service or by using the SWTCH 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 SWTCH 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 may be available in languages other than English. To the extent of any inconsistencies or conflicts between these English Terms of Service and SWTCH’s 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 it.
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 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 and 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 LicenseYou agree that, whether in your capacity as a Host or Guest, if you book through the Service, you appoint us as your agent for the purposes of forming a binding license between you and the other User involved in the transaction on the terms set out in these Terms of Service. The license lasts only as long as specified in the booking, and permits the Guest to park and obtain the Charge only. You appoint us to handle payment.
At the time we confirm the booking of the parking space and EV supply equipment in question and receive payment from the Guest, a binding agreement is formed between the Users, which agreement does not include SWTCH. The agreement is a license provided by the Host to the Guest to temporarily use and occupy the parking space and use the EV supply equipment specified in the booking for time set out in booking on the terms set out in these terms and conditions. The Guest is not a tenant of the Host and has not been granted exclusive possession of the parking space or any rights other than those specifically set out under these Terms of Service. Any use will be based on these standard Terms of Service and will only include any additional restrictions or rules relating to the Host's parking space if they are permitted by these Terms of Service and listed by the Host in its profile at the time the booking is made. The Guest is not obliged to accept any further terms once a booking has been confirmed.
Security and PrivacyYou understand that your 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.
Technical support is only provided to registered Users and is only available via email to email@example.com. We'll do our best to get back to you quickly, but we prioritize service requests based on their urgency.
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.
Questions about the Terms of Service should be sent to firstname.lastname@example.org.
You agree that SWTCH will use the email address you provide upon registration 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 Account, or by written communication sent to your address as set forth in your Account. You may give notice to SWTCH by written communication to SWTCH's address
SWTCH – Centre for Urban Energy
M5T 2C7M5B 2R2
Becoming a User and Creating an AccountYou 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, you are warranting to us that this is true.
To access and use the Service, you must register for a SWTCH account (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.
To become a Host,
you will also need to provide, for every parking space and the associated EV
- the address of the EV supply equipment;
- any restrictions on the types of vehicles for which the EV supply equipment is suitable;
- any other information or restrictions that apply to the EV supply equipment and/or parking space and that a Guest should be aware of before booking the parking space; and
- your bank deposit information for payments.
You acknowledge and agree that we will need to provide this information (other than your bank deposit information) to other Users and in our advertising to permit them to determine whether the EV supply equipment and parking location are suitable for their needs and to promote the Service.
Use of the Service and your 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 customer’s 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 Account, and if we terminate the Account for any reason, you are not allowed to open another Account or use another Account without our written permission, which permission we can withhold for any reason.
You acknowledge and agree that a business relationship initiated through SWTCH must continue through SWTCH. You agree that in the event you fail to continue a business relationship through SWTCH, SWTCH may, in its sole discretion, prevent you from accessing SWTCH again. You may not create an independent billing relationship with other SWTCH Users for providing the Charge or similar services once you've been introduced via the Service.
You agree to maintain accurate, complete, and up-to-date information in your Account. Failure to do so, including having an invalid or expired license plate number or an invalid or expired payment method on file, may result in your inability to access and use the Service. SWTCH may reject your application for an Account, or cancel an existing 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 Account and password.
You are responsible for all activity and content, such as data, graphics, photos, videos and links, that is uploaded under your SWTCH Account (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 Account with anyone or allow others to access or use your Account. You agree that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify SWTCH of any unauthorized use of your Account. SWTCH may enable features, at our discretion, that allow other Users to take certain actions associated with your Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your behalf or adding a family member to your account as an additional Host.
Termination / Ending the RelationshipA 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 Account.
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 further clarity, you agree to honor any outstanding bookings and you agree to indemnify us on a continuing basis in respect of any cancelled booking or fees that you owe to us or to a Host.
You may cancel the
Service at any time by emailing email@example.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
Upon termination of the Service by either party for any reason:
- SWTCH will cease providing you with the Service and you will no longer be able to access your 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 for your use of the Service through the effective date of such termination will immediately become due and payable in full,
- your Account profile will be taken offline,
Email and/or Text Messaging
By creating an Account, you agree that the Service may send you informational email or text (SMS) messages as part of the normal business operation of your use of the Service. You may opt-out of receiving email or text (SMS) messages from SWTCH at any time by sending an email to firstname.lastname@example.org indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Service.
SWTCH may, in its sole discretion, create promotional codes that may be redeemed for 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 your 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.
Repair or Cleaning Fees
Guests are responsible for the cost of repairing any damage and cleaning any property and land resulting from their use of the Service. SWTCH is not responsible for these fees. If you submit an e-mail to email@example.com explaining the damage that occurred and providing photographic evidence as well as a timeline of events and any receipts for reasonable repair and/or cleaning charges, we will initiate a repair investigation. If we agree that the Guest is at fault, we will charge reasonable fees at our sole and absolute discretion and deposit them in your account. Alternatively, if you determine that you would like to make a legal claim against a Guest or their insurer, SWTCH will not prevent you from doing so. Keep in mind that you have agreed to release and hold harmless SWTCH from all liability, including from damage to property by Guests.
Malfunctioning EV Charging Equipment/Misleading Profiles
Malfunctioning EV charging equipment or misleading listings or profile content, when encountered by Guests, may be treated as cancellations by SWTCH, pursuant to these Terms of Service. In addition, SWTCH reserves the right to take action in response to malfunctioning EV charging equipment or misleading listings or profile content, including, but not limited to, by suspending or terminating a user's Account.
If a Host agrees to a booking and then fails to honour it for any reason, the Host will be fully liable to us (under the Terms of Service) for all associated costs, charges, damage and liability which we may incur as a result and you, as the Host, agree to indemnify us on a continuing basis in respect of any such cancelled booking. The Host may also be liable to the Guest for any reasonable associated costs, charges, damage and liability which the Guest incurs as a result of the failed booking, including the Guest’s costs of having to make alternative parking arrangements and/or to arrange towing if the Guest is not able to charge her or his EV in time.
Payment Terms of Service
Account Balance means the is the amount of remaining payment credits in your Guest Account.
Charging Fee means the amounts that are due and payable by a Guest in exchange for the Charge based on SWTCH's charging policies, as they may be updated and amended at SWTCH's discretion from time-to-time. The Host is responsible for charging any Taxes that the Host is required to collect for the Charge.
Listing means a description and additional information about the Charge made via the Service by the Host.
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.
Payment Account means the Host's preferred payment account for direct deposits as recorded in the Host's Account.
Service Fee means the fee that SWTCH charges for a use of the Service, plus applicable tax calculated on the pre-tax value of the Service Fee. The Service Fee has a component payable by the Host and a component payable by the Guest.
After a Host provides the Charge, SWTCH will collect the Charging Fee and the Service Fee from the Guest's Payment Method. SWTCH will collect all Charging Fees and any other amounts owed to a Host and deposit them daily, with a 7-day rolling delay in the Host's Payment Account.
In order to register as a Host, you will be required to provide us with credit card and banking details. We are permitted to use this information to make payments to you and to deduct any payments you may owe to us or to a Guest.
As Host, you set the Charging Fee, and it is your job to include any taxes, including HST, GST and any other VAT or transaction tax applicable in your jurisdictions. You are also responsible for remitting any taxes to the appropriate government body. SWTCH includes applicable tax on the SWTCH Service Fee only and is responsible for remitting that tax to the appropriate government body.
Payment Terms of ServiceThe Host, not SWTCH, is solely responsible for honoring any confirmed bookings and making available the Charge. If you, as a Guest, choose to enter into a transaction with a Host for the Charge, you agree and understand that you will be required to enter into an agreement with the Host and you agree to accept any Terms of Service, conditions, rules and restrictions associated with such parking space(s) imposed by the Host.
You acknowledge and agree that you, and not SWTCH, will be responsible for performing the obligations of any such agreements, that SWTCH is not a party to such agreements, and that SWTCH (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.
SWTCH may arrange for your Guest Account to be automatically topped up by $10.00 intervals when your Guest Account Balance falls below a minimum balance ("Autoload") to pay for the Charging Fee. This will be done using your Guest Account Payment Method.
The Charging Fee and the Service Fee payable will be displayed to you before you send a booking request to a Host. Upon receipt of your booking request, SWTCH may initiate a pre-authorization and/or charge a nominal amount to your Payment Method. If a requested booking is cancelled by a Host, any pre-authorization of your Payment Method will be released, if applicable.
ChargebacksFrom time to time we may collect payment on your behalf from a Guest which either (i) we have to repay to a Guest’s credit card provider or (ii) which is deducted from a retention we have with our credit card processors (a Chargeback). If we are subject to a Chargeback in respect of a booking, you agree that:
- we will not be under any obligation to make payment to you of any amount that is the subject of a Chargeback and any claim you have for non-payment will be against the Guest (and we will not be obliged to pursue such claim); and
- if we are subject to a Chargeback after we have already made payment to you then you agree that you will repay to us an amount equivalent to the Chargeback (less our fees).
In the event of a Chargeback, you agree that we can charge a reasonable processing fee, which fee may be set under our payment policies, as amended from time-to-time or as assessed on a case-by-case basis.
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 SWTCH 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.
Cancellations and Refunds
As a Host, you agree that SWTCH may (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Charging Fees specified in the applicable cancellation policy.
If, as a Guest, you cancel a confirmed booking with less than three hours' notice, you agree that SWTCH may apply penalties or consequences to you or your Listing, including (i) charging you the Service Fee and the Charging Fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
If, as a Host, you confirm a booking and a Guest cancels the booking less than three hours prior to the booking, then we will charge the Guest the full price of the booking and pay you as if the Charge had occurred.
If, as a Host, you cancel a confirmed booking, you agree that SWTCH may apply penalties or consequences to you or your Listing, including (i) charging you the full Charging Fee and Service Fee that would have been charged to the Guest as well as the Host's portion of the Service Fee, (ii) publishing an automated review on your Listing indicating that a booking was cancelled, (iii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled booking, and (iv) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.
If you are a Guest and a Host cancels your confirmed booking made via the Service, SWTCH (i) will refund to you the Charging Fee and your portion of the Service Fee for such booking, (ii) pay you the full value of the Charging Fee you would have been charged as a credit that can be used against another Charge, and (iii) send you alternative Listings and other related information.
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. Guests and Hosts agree that SWTCH and the relevant Guest or Host will not have any liability for such cancellations or refunds.
Guests agree that a confirmed booking is merely a license granted by the Host to the Guest to enter and use the parking spot and EV supply equipment for the limited duration of the confirmed booking and in accordance with the Guest’s agreement with the Host. Guests 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 Host and Guest via the Service.
If a Guest stays past the agreed upon end time, they no longer have a license to stay in the parking spot and EV supply equipment and the Host is entitled to require the Guest to leave, including by calling local law enforcement. In addition, Guests agree that the Host can charge the Guest, for each 15 minute period that the Guest stays over the agreed period without the Host’s consent, an additional fee of two times the average cost for a 15 minute Charge, plus all applicable Service Fees and any legal expenses incurred by the Host to make the Guest leave.
OwnershipThe 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 limited license 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.
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.
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 Account, subject to
the termination rules in these Terms of Service.
User Content and Intellectual Property
We will not disclose your confidential information to third parties, except as required in the course of providing the Service. 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 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.
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.
We reserve the right to provide the Service to your competitors and make no promise of exclusivity in any market segment. You acknowledge and agree that SWTCH employees and contractors may also be SWTCH customers and that they may compete with you, although they may not use your confidential information in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
SWTCH retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, SWTCH reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
We reserve the right to inspect the parking space at any time to verify any fees due in accordance with these Terms of Service.
All UsersYou as a User agree:
1. to be scrupulously honest and accurate in creating your Account and in your dealings with us, other Hosts and Guests;
2. not to create any false Account with SWTCH or use your Account with SWTCH for any immoral or illegal activity or purpose including (without limit) malicious or fraudulent bookings or money laundering;
3. to deal with all Users and 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;
You agree not to:
1. 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;
2. 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. 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;
5. 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;
6. copy, store or otherwise access or use any information contained on the Service for purposes not expressly permitted by these Terms of Service;
7. 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;
8. 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;
9. 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 Account numbers;
10. use the Service in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
11. “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 Guest or Host;
12. offer, as a Host, any parking space(s) or EV charging equipment that you do not yourself personally own and have permission to rent out and/or license;
13. register for more than one SWTCH Account or register for a SWTCH Account on behalf of an individual other than yourself;
14. 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. recruit or otherwise solicit any User to join third-party services, applications or websites, without our prior written approval;
16. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
17. use automated scripts to collect information from or otherwise interact with the Service;
18. use the Service to find a Host or Guest and then complete a booking of a parking space(s) independent of the Service, whether to circumvent the obligation to pay any Service Fee or for any other reason;
19. violate these Terms of Service or SWTCH’s then-current policies;
20. engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Service;
21. 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;
22. 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;
23. 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;
24. access, tamper with, or use non-public areas of the Service, SWTCH’s computer systems, or the technical delivery systems of SWTCH’s providers;
25. attempt to probe, scan, or test the vulnerability of any SWTCH system or network or breach any security or authentication measures;
26. 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;
27. 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;
28. attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Application;
29. advocate, encourage, or assist any third party in doing any of the foregoing;
30. 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; or
31. accept or make a payment for parking space(s) and EV charging fees for a parking space listed through SWTCH outside SWTCH. If you do so, you acknowledge and agree that you: (i) are in breach of these Terms of Service; (ii) accept all risks and responsibility for such payment, and (iii) hold SWTCH harmless from any liability for such payment;
HostsYou as a Host agree:
1. to honour all accepted bookings with Guests unless cancelled in accordance with our cancellation policies;
2. to provide the Charge in accordance with the details and information set out in your Service listing;
3. to deal with all queries from Guests relating to a parking space or booking in a prompt, truthful and satisfactory manner;
4. to make yourself aware of and comply with all applicable laws, tax requirements and rules and regulations that may apply to the parking space, including but not limited to zoning laws and laws governing rental of or licenses to use residential and other properties;
5. to use your best endeavors to settle any disputes that may arise during provision of a Charge including taking such action as is necessary to bring the dispute to a satisfactory conclusion as soon as practicable so that the Guest may still obtain the Charge;
6. to determine and collect all applicable taxes associated with providing the Charge and collection of the Charging Fee.
You as a Guest agree:
1. To disconnect from the Charge and to leave the parking space when the pre-agreed charging time is over;
2. To leave the EV supply equipment, parking spot and any of the Host's property in the condition it was in when you arrived;
3. To pay the cost of any damage you cause while using the Service;
4. That SWTCH 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 any Host's or third party's personal or other property during or related to your use of the Service; or
5. 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.
You as a Guest agree not to:
1. Damage a Host's EV supply equipment, parking space, person or property in any way.
ViolationsSWTCH 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
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 Charge or in some way through the Service,
such as via messages between Users, you feel that a User 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 as a
Guest 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 another User that violates these 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.
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.
SWTCH does not endorse any User or listing. We therefore recommend that you always exercise due diligence and care when deciding whether to charge with a Host or to accept or preapprove a request from a Guest, or to have any other interaction with any other User. SWTCH is not responsible for any damage or harm resulting from your interactions with other Users.
Users are required by these Terms of Service to provide accurate information. Although SWTCH may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Users and/or screen User information against third party databases or other sources, we do not make any representations about, confirm, or endorse any User or the User’s purported identity or background.
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 and that you will release and hold us harmless under the terms of our release and indemnity.
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.
You will be entirely responsible for any and all insurance that you may require for the purposes of granting any license to use your parking space.
We may refer to you or your parking space and charging services at any time in the future to publicize ourselves or the Service.
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.
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.