Welcome to our Platform. VroomCharge is a marketplace for Electric Vehicle Charging and related services (“collectively, the “Services”) through its mobile application Sited on Apple store and Android Play store and through the VroomCharge Platform at https://www.vroomcharge.com (collectively, the “Platform”). The following terms of service (“Terms of Service” or “Agreement”) govern your access to and use of the VroomCharge Website, and mobile app (including any new features and applications) each owned and operated by MARRS Group LLC (“VroomCharge”, “Company”, “we”, “our” or “us”) including any content, functionality and services offered on or through the Platform.

 

Please read the Terms of Service carefully before you start to use the Platform. By accessing, browsing, registering to use the Platform, or Services or by clicking to accept or agree to the Terms of Service & our privacy policy when this option is made available to you, you acknowledge that you have read, understood accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not agree to these Terms of Use & Privacy Policy, do not use any portion of the Platform, or the Services. Failure to use the Platform in accordance with these Terms & Privacy Policy may subject you to civil and criminal penalties.

If you do not agree with all of the provisions of this agreement, you cannot use the Services. To remove any doubt, in the event of any conflict or discrepancy between these Terms and conditions and any other provisions and/or terms and/or otherwise between us and you, the provisions and the terms of these Terms of Use will prevail. Please feel free to contact us with any questions regarding the content of this agreement.

For the purposes of clarity, “User,” “You,” or “Your,” refers to the user or visitor of the Platform and/or Services. In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.

Changes and Updates.  We reserve the right, in our sole discretion, from time to time and at any time without notice or liability to you, modify the terms of this Agreement by posting the revised Agreement on the Platform. You agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Platform and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.

You agree to routinely monitor this Agreement and refer to the Effective Date at the bottom of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Platform after any changes to this Agreement constitutes your agreement to be bound by any such changes.

 

  1. ACCEPTANCE OF TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity and MARRS GROUP LLC, concerning your access to and use of the Platform. You agree that by accessing the Platform, you have read, understood, and agree to be bound by the terms and conditions and Privacy Policy incorporated.  IF YOU DO NOT AGREE WITH ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND YOU MUST DISCONTINUE USE IMMEDIATELY.

 

  1. ELIGIBILITY

You are eligible to access and use the Platform and/or Services if you are aged 18 years old or, if in your jurisdiction the age of majority is above 18 years old, you are above the age of majority in your jurisdiction. By using the Platform, You represent and warrant that You are at least 18 years of age (or above the age of majority in your jurisdiction), and you are located in a territory where the Services is authorized. MARRS GROUP LLC assumes no responsibility or liability for any misrepresentation of Your age. If we have reasonable grounds to believe you are not old enough then we may restrict your access.

You will use this Platform in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify MARRS GROUP LLC for any losses, costs or damages, including reasonable legal fees, incurred by MARRS GROUP LLC in relation to, or arising out of, such a breach.

 

  1. ABOUT VROOMCHARGE

VroomCharge Platform is a neutral marketplace that allows Electric Vehicle owners list their idle charger for other Electric Vehicle drivers. EV owners will be asked a variety of questions about the Station to be listed, including, but not limited to, the location, access information, charger type, charger make, charger model, voltage, amperage, electric utility provider, electric utility rate structure, physical address and availability of the Station and pricing. CHARGER OWNER AGREES THAT EV CHARGERS LISTED ON THE PLATFORM ARE PROPERLY INSTALLED, PASSED INSPECTION AND THE CHARGER IS CERTIFIED FOR CHARGING ELECTRIC VEHICLES. The platform also lists public chargers from third parties and other EV networks. VroomCharge is not responsible for integrity or validity of these chargers. We try to cleanse this collected data as much as possible. Electric Vehicle Drivers can lookup Electric Vehicle chargers on a map (within the Platform) and reserve by selecting date and start/end time. There are other optional services including but not limited to Car Wash, Vacuum, Tire Clean offered by Owner on the Platform. When checkout take place, Owner get notification with option to APPROVE or CANCEL. Once Driver’s confirmed booking transaction is complete, Driver will receive a confirmation email summarizing their confirmed booking. Upon approval, Driver gets to see exact address where he can proceed to charge. The Driver may only access the Owner’s Station during the date and time of the Booking confirmed by the Owner. Driver will not access a station before or after a confirmed Booking unless another Booking has been confirmed for a future date and time.  Owners are responsible for maintenance of safety surroundings of the charge station and that charger is properly accessible to Drivers. At the end of service, Driver can leave a review (with tip) & viz. That is when transaction is completed, and actual amount is charged from initial hold.

VroomCharge does not directly provide Services and is not an agent or representative of any Owner. You understand and agree that VroomCharge does not act as an insurer or as a contracting between Drivers and Owners. If a Driver requests a booking of Owner’s Station and uses the Station, any agreement entered between the Driver and Owner is between Owner and the Driver and VroomCharge is not a party thereto. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

VroomCharge validates the Email/Phone of Owners and Drivers using a One Time Password (OTP), however, this do not constitute a representation or warranty by VroomCharge that such Owners and Drivers are suitable for the transaction being contemplated. VroomCharge does not endorse any Owner or any Station. Driver is responsible for determining the suitability of Owners and Station for charging. VroomCharge will not be responsible for any damage or harm resulting from your interactions with other Owners/Drivers. By using the Platform or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from VroomCharge with respect to such actions or omissions.

Owners and Drivers on the Platform are not employed or engaged by VroomCharge and are not the responsibility of Vroomcharge. VroomCharge does not carry out any background, criminal history or credit checks on Owners/Drivers, and you hereby release and hold VroomCharge harmless from any and all liability resulting from Owners/Driver’s performance or failure to perform, such checks, or from Owners actions upon receiving background information on Driver.

 

  1. USE OF PLATFORM

We’re always trying to improve our Platform constantly This may include suspend or discontinue any features, or we may introduce new features or impose limits on certain features or restrict access to parts. Similarly, we reserve the right to purge any Content from the platform if we feel it jeopardizes usability or credibility of the service. We are also free to terminate (or suspend access to) your use of the platform or your account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in this Agreement.

Customer (“You”, “User”, “Owner”, “Driver”) is solely responsible for all of your Content (including Content you share through the VroomCharge mobile app). “Content” means all Listing, audio, video, images, text, or other types of content captured by our platform or provided to us (including content posted by you) in connection with the Services. You represent and warrant that:

(i) you own the intellectual property rights in Content posted by you or otherwise have the right to post the Content and grant the license set forth below, and (ii) the posting and use of your Content on the platform does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person.

You further acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Driver’s use of, a Station in a Listing you post (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Station included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that VroomCharge assumes no responsibility for a Owner’s compliance with any applicable laws, rules and regulations.

You hereby grant VroomCharge and its licensees an unlimited, irrevocable, fee free and royalty-free, perpetual, worldwide right to use, distribute, store, delete, translate, copy, modify, display, and create derivative works from such Content that you share through our platform. You agree that you will indemnify VroomCharge for all claims and resulting from Content you share through our platform.

We try our best to keep the platform running with primary focus on user’s privacy. You are agreeing to use the platform as a marketplace allowing you to list EV Charger and you are the true owner or directly affiliated with the charger. Any abuse of platform will be subject to suspension or deletion of your account without notice. Further we reserve the right to take any legal action against infringements, damages caused to intellectual properties, platform, application, services.

Your use of any information or materials on this Platform is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through this Platform meet your specific requirements.

 

  1. USE OF STATION AND PROHIBITED ITEMS

DRIVER AGREES NOT TO USE THE STATION FOR ANY UNLAWFUL PURPOSE. THE STATION IS TO BE USED BY DRIVER ONLY FOR CHARGING THEIR SPECIFIC VEHILCE REGISTERED ON THEIR DRIVER PROFILE WITH VROOMCHARGE. CHARGING OF ANOTHER VEHILCE OTHER THAN THE VEHILCE REGISTERED TO A SPECIFIC BOOKING WITH VROOMCHARGE IS EXPRESSLY PROHIBITED DURING THE TIME OF THE BOOKING. USE OF THE STATION FOR ANY PURPOSE OTHER THAN FOR LAWFUL ELECRIC VEHILCE CHARGING, SUCH AS USE OF THE STATION FOR LOITERING, DRUG USE OR SEXUAL ACTIVITY IS EXPRESSLY PROHIBITED. OWNER’s SHALL REMAIN ON THE PREMISES WHILE DRIVER’S ARE USING THE CHARGER.

Upon breach, or Owner’s reasonable suspicion of breach, of these terms, the Driver agrees that the Owner has the right to immediately terminate the booking agreement and to ask Driver to remove their vehicle from the Owner’s premises. Owner shall provide reasonable notice and opportunity for Driver to cure such breach or otherwise remove their vehicle. If Driver does not remove their vehicle upon reasonable notice and opportunity to cure, the vehicle may be removed by Owner and Driver shall be subject to towing and storage fees. Owner may also contact Law Enforcement or other authorities to report illegal activities of Driver. Driver agrees to release, indemnify, and hold Owner harmless from and against any and all liability arising from or relating to the removal or forfeiture of Driver’s vehicle, or the Driver’s breach of this provision, including any allegations or investigations relating thereto. Driver shall forfeit all Station Fees paid up until the time of termination hereunder.

Driver shall remove their vehicle from the Station at the end of a Booking. If Driver fails to remove their vehicle within fifteen (15) minutes following the end of a Booking, Owner reserves the right to remove the vehicle from their property at the expense the Driver. Owners agree to attempt to contact a Driver as reasonably appropriate before removing their vehicle from Owner’s property and provide an opportunity for the Driver to remedy the situation.

 

  1. REGISTRATION & YOUR ACCOUNT

You do not need to register to access the Platform. You may view Listings as an unregistered visitor to the Platform, but to create a listing or book a station you must register on the Platform and create an account. You may only create and maintain one VroomCharge account for use of Services and shall not share your account or any Services with others. You may not create an account for anyone else unless expressly authorized. Any and all information you provide to create an account must be accurate and complete. You may not impersonate any other person or use a name that is not your own. It is your responsibility to update your account information to keep it current and accurate. When you set up an account on Platform, you must also choose a password. You are solely responsible for keeping the confidentiality of your account and of Username and password of the account registered with Vroomcharge. You must not give your username and password to any other person for any reason whatsoever. You are solely responsible for maintaining the confidentiality of your password, and for any and all use of your account. You agree not to use the account, username, or password of another User at any time, nor to disclose your password to any third party. You agree to notify Us immediately if you suspect any unauthorized use of your account or access to your password. You agree not to exchange personal information (email addresses, phone numbers, home address, etc.) to any other Users on Platform.

By registering, you certify that you are not on any list of restricted persons with whom it is unlawful for a US company to do business with.

 

  1. FEES AND PAYMENTS

Vroomcharge serves as the limited authorized agent of the Owner for the purpose of accepting payments from Drivers on behalf of the Owner and is responsible for transmitting such payments to the Owner. VroomCharge is only responsible to collect payments from the Driver’s use of charger and other listed services during the checkout. Vroomcharge charges a commission equal to 15% of collection after deductions such as tax and service charges. There is also an additional $10 to cover any optional gratuities to be released immediately after service is complete by the user. Owners agree to never insist, ask, or insinuate to a Driver that he or she pay any or all of the Station Fees directly to Owner with a check, cash, or any payment method other than by payment through Vroomcharge. Owners, and not Vroomcharge, shall be responsible to collect payments from Driver for any additional services that take place after booking is confirmed. Such additional service can include but is not limited to towing, extended parking, and additional charging time. Driver acknowledges and agrees that Owner, and not Vroomcharge, will be responsible for performing the obligations of any such agreements, that Vroomcharge is not a party to such agreements, and that, with the exception of its payment obligations above, Vroomcharge disclaims all liability arising from or related to any such agreements. Owners are responsible for reviewing the Total Fees charged to each Driver for each Booking before accepting a Booking. By accepting a Booking request from a Driver, Owner agrees to be paid out the Total Fees for that specific Booking. Drivers agree to pay Vroomcharge for the Total Fees for any confirmed booking. Please note that Vroomcharge cannot control any fees that may be charged to a Driver by his or her bank related to Vroomcharge collection of the Total Fees, and Vroomcharge disclaims all liability in this regard.

 

Vroomcharge shall transfer payments receipt from Drivers during a particular month to Owners within 7-14 business days after month is closed for all previous month’s charges. Transfers shall be made through Stripe, a PCI-compliant financial services company. Owners are responsible to provide their bank details handled by Stripe’s payment processor.  Owners are responsible for contacting Vroomcharge if they do not receive payment within 7-14 business days after month end. Drivers are responsible to bring to VroomCharge’s attention within 48 hours if payment takes place, but service is not honored by the Owner. Owners also agree and acknowledge that they are responsible for registering and filing any applicable state or federal taxes. Vroomcharge is neither responsible nor liable for notifying, collecting or paying any such taxes.

 

  1. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Platform may contain links to websites controlled, owned, and operated by third parties (“Linked Sites”). Additionally, third parties may provide tools or services (“third party services”) that are made available to you through our Platform. Accordingly, VroomCharge makes no warranties or conditions regarding such third-party services or websites or third-party tools and will not be liable for any loss or damage caused by your use of or reliance on such third services or web sites or third-party tools. Your use of third-party services or web sites or third-party tools is at your own risk. The inclusion on the Platform of a link to a third-party service or web site, or inclusion of a third-party tool, should not be considered as an affiliation or a partnership with a third party or viewed as an endorsement by Vroomcharge. When you access any of these third-party services or sites, or third-party tools, your rights and obligations will be governed by the agreements and policies relating to the use of those third-party web sites or services or third-party tools. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external Platforms.

 

  1. INTELLECTUAL PROPERTY

Unless otherwise indicated, the Platform is our proprietary property and all source code, databases, functionality, software, Platform designs, audio, video, text, photographs, and graphics on the Platform (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Platform “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Platform and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Platform, you are granted a limited license to access and use the Platform and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Platform, the Content, and the Marks.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Platform or our Services (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Us under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, We do not waive any rights to use similar or related ideas previously known to Us, or developed by Our employees, or obtained from sources other than You.

 

  1. COMMUNICATIONS

By using the Platform and Services, you consent to receive electronic communications from VroomCharge and service providers on the platform. These communications will include emails about account, password, access, bookings, marketing, messages from other users, transactional and other information related to the Platform and Services.

In a bid to maintain the quality standard of the Platform, we encourage Users to give feedback, as this may help other Users to choose from a wide list of Owners/Driver, Services and being able to evaluate each Owners/Driver based on the reviews of other Users. It is the choice of Users to give feedback and we accept no liability of the same, however, we advise all Users to give their honest and fair opinion to help other Users to evaluate Owners/Driver/Services in advance. We may decline to publish a review where we consider in our sole and absolute discretion that the review made is unfair, abusive or inaccurate. Abusive language is flagged and removed by admin. Continuous behavior can lead to suspension of the user’s account.

 

  1. MONITORING OF THE PLATFORM

We have no obligation to monitor the Platform; however, you acknowledge and agree that We have the right to monitor the Platform electronically and in app messages from time to time for any illegal activities and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Platform, or to protect Ourselves or other users of the Platform. YOU ACKNOWLEDGE AND AGREE THAT VROOMCHARGE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION.

 

  1. USER LICENSES

In consideration for your acceptance of this Agreement and your payment of all applicable Fees, MARRS GROUP LLC grants you a personal, limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Platform, and the Services solely for your own personal purposes.

You may access and use the Platform and services only in accordance with any instruction manuals, user guides and other documentation as made available by MARRS GROUP LLC from time to time (“Documentation”).

This is the grant of a license, not a transfer of title, and under this license you may not:

    1. modify or copy the materials;
    2. attempt to decompile or reverse engineer any software contained on MARRS GROUP LLC Platform.
    3. remove any copyright or other proprietary notations from the materials; or
    4. Transfer the materials to another person or “mirror” the materials on any other server.
  1. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MARRS GROUP LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

 

  1. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless MARRS GROUP LLC, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “MARRS GROUP LLC Parties”), from and against all actual or alleged MARRS GROUP LLC Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Platforms, Content or Services, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Platform or Services provided to you and (f) any User Content you create, post, share or store on or through the Platform or our pages or feeds on third party social media platforms. You agree to promptly notify MARRS GROUP LLC of any third-party Claims and cooperate with the MARRS GROUP LLC Parties in defending such Claims. You further agree that the MARRS GROUP LLC Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and MARRS GROUP LLC.

 

  1. DATA PROTECTION AND PRIVACY

All personal data that you provide to us in connection with your use of the Platform is collected, stored, used, disclosed and otherwise processed by MARRS GROUP LLC in accordance with our Privacy Policy on our Platform. By accepting these Terms, you acknowledge that you provide your personal information at your own risk.

 

  1. PROHIBITED USES

You may not access or use the Platform for any purpose other than that for which we make the available. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Platform, you agree not to:

  1. Make any unauthorized use of the Platform, 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 pretenses.
  2. Circumvent, disable, or otherwise interfere with security-related features of the Platform, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Platform and/or the Content contained therein.
  3. Download, copy, video shoot and/or reproduce any of our contents without the express permission of MARRS GROUP LLC.
  4. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as (but not limited to) user passwords.
  5. Make improper use of our support services or submit false reports of abuse or misconduct.
  6. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  7. Interfere with, disrupt, or create an undue burden of the Platform or the networks or services connected to the Platform.
  8. use the Platform and Services to find a Owner or Driver and then complete a booking of a Station transaction independent of the Platform or Services in order to circumvent the obligation to pay any Service Fees related to VroomCharge’s provision of the Services;
  9. as a Owner, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
  10. Attempt to impersonate another user or person or use the username of another user.
  11. Use any information obtained from the Platform in order to harass, abuse, discriminate or harm another person.
  12. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
  13. Attempt to bypass any measures of the Platform designed to prevent or restrict access to the Platform, or any portion of the Platform.
  14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Platform to you.
  15. Delete the copyright or other proprietary rights notice from any Content.
  16. Copy or adapt the Platform’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  17. offer, as Owner, any Station that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Station as Owner if you are serving in the capacity of a rental agent or listing agent for a third party);
  18. offer, as Owner, any Station that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement.
  19. register for more than one VroomCharge Account or register for a VroomCharge Account on behalf of an individual other than yourself;
  20. contact Owner for any purpose other than asking a question related to a booking, such Owner’s Station or Listings;
  21. contact a Driver for any purpose other than asking a question related to a booking or such Driver’s use of the Platform and Services;
  22. when acting as a Driver or otherwise, recruit or otherwise solicit any Owner or other Users to join third party services or websites that are competitive to VroomCharge, without VroomCharge’s prior written approval;
  23. 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 parties’ functions, operation, or maintenance of the Platform.
  24. 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 pcm’s”).
  25. 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 Platform, or using or launching any unauthorized script or other software.
  26. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Platform.
  27. Use the Platform in a manner inconsistent with any applicable laws or regulations.
  28. Use content without proper attribution
  29. Use content in a fashion that does not comply with the content’s specific licensing

 

  1. DMCA NOTICE

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Platform infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Platform, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
  • A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
  • Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
  • Your address, telephone number, and email address.
  • A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.

In general. You can seek removal of objectionable CONTENT by contacting us. We will review all such requests and will remove CONTENT that we determine should be removed, in our sole discretion and in accordance with these Terms of Use and applicable law. Please be aware, however, that if the CONTENT has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the CONTENT we remove from this Site may remain on back-up servers.

Violation of copyrights. We do not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on this Site or has been otherwise copied and made available on this Site in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include

  • an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest.
  • a description of the copyrighted work that you claim has been infringed.
  • a description of where the material that you claim is infringing is located on this Platform (including the URL, title and/or item number if applicable, or other identifying characteristics);
  • your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
  • a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our copyright agent via email at [email protected]  Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Platform.

 

  1. TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Platform. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Platform (or any part thereof) or any Platform Content (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 Terms of Use or of any applicable law or regulation.

You may cancel your account any time upon 7 days’ notice to Us in advance provided that you are not liable for any payment to us.

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.

 

  1. DISCLAIMERS & LIMITATION OF LIABILITY.

Your access to and use of the services and content provided on the Platform are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, MARRS GROUP LLC, its founders, officers, directors, employees, agents, representatives, and partners DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, and OR NON-INFRINGEMENT.

MARRS GROUP LLC make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis (v) Equipment loss/theft. No advice or information, whether oral or written, obtained from MARRS GROUP LLC or through the Services, will create any warranty not expressly made herein.

The Services may contain links to third-party Platforms or resources. You acknowledge and agree that the MARRS GROUP LLC is not responsible or liable for: (i) the availability or accuracy of such Platforms or resources; or (ii) the content, products, or services on or available from such Platforms or resources. Links to such Platforms or resources do not imply any endorsement by MARRS GROUP LLC of such Platforms or resources or the content, products, or services available from such Platforms or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such Platforms or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MARRS GROUP LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT (v) YOUR LISTING OR BOOKING OF ANY STATION VIA THE PLATFORM. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MARRS GROUP LLC EXCEED THE AMOUNT DIRECTLY ATTRIBUTABLE AND RECEIVED BY MARRS GROUP LLC UNDER THE TRANSACTION GIVING RISE TO THE LIABILITY. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT MARRS GROUP LLC HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

As a Driver, you acknowledge and agree that the use of the Station is at Driver’s sole risk. Driver agrees that, without limiting any duties of the Owner to take reasonable steps to protect Driver’s property, Owner shall have no liability to Driver or Driver’s invitees for any personal or bodily injury except in the event of Owner’s gross negligence or willful misconduct. Driver hereby waives and disclaims any and all claims or causes of action Driver may have against Owner, in the event of personal or bodily injury to Driver or Driver’s invitees, except as a result of Owner’s gross negligence or willful misconduct.

We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Platforms (or any features or functionality of the Platforms) and the services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, and vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this Section may not apply to you.

 

  1. DISPUTES RESOLUTION

If You have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.

  1. FOR EUROPEAN UNION (EU) USERS

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

 

  1. UNITED STATES LEGAL COMPLIANCE

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

 

  1. SEVERABILITY AND WAIVER

19.1.         Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

19.2.        Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

  1. GOVERNING LAW AND JURISDICTION

This general terms and conditions in relation to the use of the Platform is hereby governed by and constructed and enforced in accordance with the laws of the state of Pennsylvania.

 

CONTACT US

If you have any questions about these Terms and Conditions, you can contact us:

By email: [email protected]

By visiting this page on our website: https://www.vroomcharge.com

 

Effective from: 02222022