AGREEMENT TO OUR LEGAL TERMS
We are EVC Point Nigeria Limited (“Company,” “we,” “us,” “our”), a company registered in Nigeria.
We operate the website https://www.connectvolt.com (the “Site”), the mobile application Connect Volt NG App (referred to as the “App”) as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “App”).
In this agreement, references to the ‘app store’ means Apple’s App Store and we refer to their rules and policies contained in the Apple media service’s Terms and Conditions as the ‘app store rules.’ In this agreement, references to ‘Google Play’ means the app distribution platform operated by Google and known as Google Play, and we refer to Google’s terms of service (and other applicable terms) collectively as ‘Google’s rules.’
Our Services
EVC Point Nigeria is the developer and supplier or the App, operating in the smart city space and aiming to facilitate the use of, and exchange of information pertaining to the charging of electric vehicles.
EVC Point Nigeria has developed the App which is intended to facilitate the localisation of electric vehicle charging points, through a variety of media including, but not limited to, real-time maps of available charging points and when available from time to time, forums and threads available to users of the App (the ‘Forum’) where end-users are able to submit the location data of the charging points they discover
You can contact us by phone at +234 809 198 9111, email at info@connectvolt.com, or by post to No. 12, 69 Road, Gwarinpa, Abuja, Nigeria.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and EVC Point Nigeria Limited, the operator of Connect Volt NG, concerning your access to and use of the App and Services. You agree that by accessing the App and Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE APP AND SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
The Services are intended for Electric Vehicle users and other relevant persons within the Electric Vehicle space who are at least 13 years old. Persons under the age of 13 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
THERE ARE OTHER TERMS THAT APPLY TO YOU
The terms of use refer to the following additional terms, which also apply to your use of our site:
- Our Privacy Policy available here at https://www.connectvolt.ng/privacy-policy
- Cookie Policy available here at https://www.connectvolt.ng/cookie-policy
These terms are an agreement that is made between you and us. Apple is not a party to this agreement and has no responsibility for the App or its content. This agreement is made between you and us. Google is not a party to this agreement and has no liability under it.
We license you to download and use the App onto any Apple-branded product, and to use it once you have downloaded it, provided you follow all of the rules described in this agreement and the App Store Rules. We license you to download and use the App provided you follow all of the rules described in this agreement and also Google’s rules. The licence:
- is only for you personally (and anyone else that the app store lets you share the App with, as described in this clause / and anyone else that Google lets you share the App with as described in this clause) and for non-business use; starts when you download the App; and
- covers content, materials, or services accessible from, or bought in, the App including all of our support resources. It also covers updates to the App unless they come with separate terms, in which case we will give you an opportunity to review and accept these terms.
- The App can be accessed, used and downloaded by other accounts that are associated with you through family sharing or volume purchasing in accordance with the App Store rules. The App can be accessed, used and downloaded by other accounts that are associated with you through family sharing in accordance with Google’s rules.
- You must comply with the App Store rules as well as these terms but, if there is any conflict between them, you should follow the App Store rules rather than the equivalent rule here. You must comply with Google’s rules as well as these terms but, if there is any conflict between them, you should follow Google’s rules rather than the equivalent rule here.
- You do not own the App or any of its contents but you may use it on devices that you own or control, as permitted by these terms and by the App Store rules. You do not own the App or any of its contents but you may use it on devices that you own or control, as permitted by Google’s rules.
1. LIMITATION OF SERVICE
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations, so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate any laws on the use, sharing, and collection of financial information in your jurisdiction.
2. INTELLECTUAL PROPERTY RIGHTS
Our Intellectual Property
We are the owners or the licensees of all intellectual property rights in the App and Services, including all source codes, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
You may print a one-off copy and may download extracts of any page(s) from our site for your personal use and you may draw the attention of others within your organization to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as authors of the content on our site must always be acknowledged (except where the content is user generated).
You must not use any part of the content on our site commercially without obtaining a license to do so from us or our licensors.
If you print off, copy, download, share or repost any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in Nigeria and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use only.
Your Use of Our Services
Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to, solely for your personal, non-commercial use:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
Except as set out in this section or elsewhere in our Legal Terms, no part of the App, Services and or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: info@connectvolt.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
3. TECHNICAL REQUIREMENTS
No minimum technical requirements are needed to be able to use the App on your device. You only require an Android or an Apple smartphone to be able to access and download the App. We are responsible for customer service in relation to the App and can help you if you are having any issues. You acknowledge that Apple has no obligation whatsoever to provide any support or maintenance services in relation to the App, although if the App is faulty, you may be able to claim a refund for paid content or services. You acknowledge that Google has no obligation to provide any support or maintenance services in relation to the App. Refunds may be available to you in a range of circumstances, either from Google or from us. See Google’s refund policies for more information.
4. FAILURES OF NETWORKS OR HARDWARE
The App relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the App Store/ Google Play, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the App due to a poor internet connection, faulty components in your device (such as a faulty GPS signal, failing in the API with any suppliers of our Content or related features), App Store failure/failure of Google Play to function properly or anything else that it would not be reasonable to expect us to control.
5. LOCATION DATA
The App makes use of functionalities on your device that can pinpoint your location. We do this in order to help you find the electric car charging point which is located the closest to you.
When you open the App for the first time, you will be asked whether the App can use your location and in what circumstances.
If you refused to authorise the location services the first time you opened the App, but change your mind later on, you can still update your choices at any time in the App settings. Conversely, you can also turn the location services off at any time, but please note that if you do choose to do so, you may not be able to use the App.
All location data is processed pursuant to our Privacy Policy.
Your Submissions and Contributions
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our App and Services to understand the: (i) rights you give us and (ii) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the Services.
When you post Contributions, you grant us a license (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
- warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (i) this section, (ii) any third party’s intellectual property rights, or (iii) applicable law.
We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the relevant authorities.
Copyright Infringement
We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately refer to the “COPYRIGHT ACT NOTICE AND POLICY” section below.
6. USER REPRESENTATIONS
By using the App and Services, you represent and warrant that: (i) all registration information you submit will be true, accurate, current, and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you have the legal capacity and you agree to comply with these Legal Terms; (iv) you are not a minor in the jurisdiction in which you reside; (v) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (vi) you will not use the Services for any illegal or unauthorized purpose; and (vii) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
7. USER REGISTRATION
You may be required to register to use the App and Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
If you choose, or you are provided with a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@connectvolt.com or call us on +234 809 198 9111.
8. PRODUCTS
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
1. Community participation
The Service allows you (‘Users’) access to an “EV User Community” Users are welcome to share tips, advice, and best practices related to electric vehicle ownership, charging, and maintenance. However, users should ensure that the information they share is accurate and helpful. Users are invited to share their personal experiences, anecdotes, and stories related to electric vehicle ownership and their related usage of electric vehicle charging infrastructure.
The goal of the community is to create a positive and supportive environment for all members. Users should strive to contribute to this environment by being helpful, constructive, and empathetic towards others. The platform administrators are committed to continuously improving the community experience and welcome input from users on how to achieve this goal.
Violations of these community guidelines may result in disciplinary action, including but not limited to warnings, account suspension, or permanent ban from the platform. Decisions regarding enforcement will be made at the discretion of the platform administrators.
By subscribing to be a part of the community you agree to follow the rules outlined in our Prohibited Activities and copyright claims section of this Agreement.
9. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa;
- Mastercard;
- PayPal;
- Flutterwave;
- American Express;
- Discover;
- Apple Pay;
- Google Play; and
- Any other payment method made available to Users by the Service
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the App. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US Dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable miscellaneous fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same User account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
10. PROHIBITED ACTIVITIES
You may not access or use the App for any purpose other than that for which we make the Services available. The App may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a user of the App, you agree not to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
- Use any information obtained from the App in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the App in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
- Engage in, facilitate, authorize or permit any automated use of the system, such as using scripts to send comments or messages, or using any data mining web scraping or other similar data gathering and extraction tools and robots. This includes using (or permitting, authorizing or attempting the use of) any bot, spider, scraper or other automated device, program, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and using any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
- Harass, annoy, intimidate, or threaten any of our community members, employees or agents engaged in providing any portion of the Services to you.
- Attempt to bypass any measures of the App designed to prevent or restrict access to the App, or any portion of the App.
- Copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or use or launch any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the App.
- Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
- Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavour or commercial enterprise.
- Sell or otherwise transfer your profile.
- Steal user information
- Hack user accounts
- Scrape data from our websites or apps
- Upload third party content
- Upload copyrighted content
- Upload content that you do not have full rights to
- Partake in fraud on the platform
- Partake in activities prohibited by law in the User’s country
- Upload content that is prohibited by law in the User’s country
- Upload, and transmit pornographic content involving children
- Upload, and transmit inappropriate content
- Harass, intimidate, or bully other users on the platform
11. USER GENERATED CONTRIBUTIONS
The App may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other Users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.
Any use of the App and Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.
The information expressed in any user generated contribution have not been verified or approved by us. The views expressed by other users on our website do not represent our views or values.
12. CONTRIBUTION LICENSE
By posting your Contributions to any part of the App or making Contributions accessible to the App by linking your account from the App to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (i) to edit, redact, or otherwise change any Contributions; (ii) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (iii) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
13. GUIDELINES FOR REVIEWS
We may provide you areas on the App to leave reviews or ratings. When posting a review, you must comply with the following criteria: (i) you should have firsthand experience with the person/entity being reviewed; (ii) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (iii) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (iv) your reviews should not contain references to illegal activity; (v) you should not be affiliated with competitors if posting negative reviews; (vi) you should not make any conclusions as to the legality of conduct; (vii) you may not post any false or misleading statements; and (viii) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
14. MOBILE APPLICATION LICENSE
Use License
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. You shall not: (i) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (ii) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (iii) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (iv) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (v) use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed or intended; (vi) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (vii) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (viii) use the App to send automated queries to any website or to send any unsolicited commercial email; or (ix) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (i) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (ii) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (iii) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (iv) you represent and warrant that (a) you are not located in a country that is subject to a Nigerian government embargo, or that has been designated by the Nigerian government as a “terrorist supporting” country and (b) you are not listed on any US government list of prohibited or restricted parties; (v) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (vi) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.
15. SOCIAL MEDIA
As part of the functionality of the App, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (i) providing your Third-Party Account login information through the Services; or (ii) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (i) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (ii) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
16. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (i) monitor the App for violations of these Legal Terms; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities (iii) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (iv) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
17. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://www.connectvolt.com/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Nigeria. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Nigeria, then through your continued use of the Services, you are transferring your data to Nigeria and you expressly consent to have your data transferred to and processed in Nigeria.
17. COPYRIGHT ACT NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the App infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to the law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of Section 54 of the Copyright Act of Nigeria 2022 and include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by the Notification, a representative list of such works on the Services; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a declaration on oath that the complainant believes that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and that the complainant is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Services as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] within 7 (seven) days using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the Copyright Act, your Counter Notification must include substantially the following: (i) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (ii) a statement that you consent to the jurisdiction of the Federal High Court in which your address is located, or if your address is outside Nigeria, for any judicial district in which we are located; (iii) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (iv) your name, address, and telephone number; (v) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (vi) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.
Designated Copyright Agent
OGHENERUME OSHENYE
Attn: Copyright Agent
Email – info@connectvolt.com
No. 12, 69 Road, Gwarinpa, Abuja, Nigeria
19. UPDATES TO THE APP
We may update the App from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that, we will ensure that the App still meets the description of it that was provided to you at the time you downloaded the App.
Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.
We strongly suggest that you download all updates as soon as they become available. Depending on the nature of the update, the App may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the App updated to the latest version that we make available.
20. CHANGES TO THESE TERMS
We may need to revise these terms from time to time to reflect changes in the App’s functionality, to deal with a security threat or if there is a change in the law or guidance.
You will be asked to agree to any material changes in advance which will usually occur when you download an update. If you do not accept the changes, you will not be able to use the App and can apply to us for a refund.
21. EXTERNAL SERVICES
The App may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).
We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
You must not use external services in any way that:
is inconsistent with these terms or with the terms of the external service; or
infringes our intellectual property rights, or the intellectual property rights of any third party.
From time to time, we may change or remove the external services that are made available through the App.
22. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- We may (at our discretion) give you a reasonable amount of notice before the terms and our agreement with you ends but if what you have done is serious then we may end our agreement with you immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the App or doing anything else that we think presents a big enough risk to justify us ending our agreement with you quickly.
- The consequences of our agreement with you ending are as follows:
-
- you are no longer allowed to use the App and we may remotely limit your access to it;
- you must delete it from any devices that it has been installed on;
- we may delete or suspend access to any accounts that you hold with us; and
- you are not entitled to a refund to the extent you paid for the App of any of its features.
23. THIRD PARTIES
Apple, Google Play and their subsidiaries are third party beneficiaries of these terms and to this agreement. This means that if you breach any of these terms, they have the right to enforce it and to take action against you directly, with or without our involvement.
Other than their subsidiaries, no one other than us or you have any right to enforce any provision of these terms. No one other than us or you have any right to enforce any of these terms.
23. TRANSFERRING THESE TERMS
We may transfer our rights under these terms to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
You are not allowed to transfer your rights under these terms to anyone without our prior written consent.
24. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
25. GOVERNING LAW
These Legal Terms shall be governed by and defined following the laws of Nigeria. EVC Point Nigeria and yourself irrevocably consent that the courts of Nigeria shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these Legal Terms.
26. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to these Legal Terms or the legal relationship established by these Legal Terms to the jurisdiction of the Nigeria courts. EVC Point Nigeria shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Legal Terms are entered into in the course of your trade or profession, the state of your principal place of business.
27. DO NOT RELY ON INFORMATION ON THIS SITE
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of content on our site.
Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete and up-to-date.
28. CORRECTIONS
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
29. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
30. LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.
Nothing in these terms shall exclude or limit EVC Point Nigeria’s liability for death or personal injury caused by our negligence or wilful misconduct, liability for fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under the laws of Nigeria.
Subject to the above clause, the charging point localisation services which EVC Point Nigeria undertakes to make available in accordance with this agreement are of an informative nature only. Accordingly, EVC Point Nigeria shall bear no liability of any kind whatsoever for (but not limited to) any direct or indirect/consequential, foreseeable or unforeseeable, losses, costs, damages, fees, expenses, any inaccuracy or misleading information, any loss of profit, revenue, suffered by you or any third-party, relating to, in connection with, or arising from, this agreement, the EVC Point Nigeria App and/or the Services.
In any case, subject to the above clause, and to the extent permitted under applicable law, EVC Point Nigeria’s total aggregate liability arising from or in connection with this agreement, the EVC Point Nigeria App and/or the Services (whether the liability arises because of breach of contract, tort or for any other reason) shall be limited to no more than one hundred thousand Naira (N100,000.00).
If the App fails to meet the standards required by law (including that the App is of satisfactory quality, fit for purpose and as described), please contact Apple or Google Play (depending on whether you have an iOS or Android device) who will provide you with a full refund of the price you paid for the App, in the event that the App was not made available for free. Apple or Google Play has no other responsibility or obligation in relation to the App beyond providing a refund in the circumstances.
31. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your Contributions; (ii) use of the Services; (iii) breach of these Legal Terms; (iv) any breach of your representations and warranties set forth in these Legal Terms; (v) your violation of the rights of a third party, including but not limited to intellectual property rights; or (vi) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
32. USER DATA
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
33. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
34. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.
35. CONTACT US
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
+234 809 198 9111
info@connectvolt.com