Terms & Condition

Effective Date: 1st July, 2023.

By entering into this (“Agreement”) with AvvTech Inc, you may use the AvvTech Inc Mobile Application and website https://www.avvtech.ca, the electric vehicle charging stations which are on AvvTech Inc network, and purchase any other related products or services offered by AvvTech including other services which may be introduced in future (collectively called as, “Services” herein). Note: For the sake of convenience, AvvTech will be used throughout this agreement for the sake of simplicity.

Please read this AvvTech Account Agreement carefully. For accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement. Note: If you do not agree to all the terms and conditions of this agreement, then you may not access or use our Service.

If you are submitting a AvvTech Account Application in connection with an offer or program (“Program”) offered by AvvTech in conjunction with one of its partners, you acknowledge and agree that any additional program-specific terms and conditions made available to you shall apply to your participation in such Program (“Program Terms”). To the extent there is a conflict between this Agreement and any Program Terms, the Program Terms shall control as it relates to your participation in the Program.

In case you are an employee/resident of any organisation/housing apartment society to which we have extended our Services, your profile will be common for availing the Services. All information shown to you as a private user including your profile information, charger related information and payment mechanism information will be controlled by the corporate/society admin user of your organisation/housing apartment society, and AvvTech shall not be responsible for any information shown on the AvvTech Mobile App.

By entering into this Agreement, you agree to pay all the fees (“Session Fees”) for access to a charging session initiated by you, remotely by a customer service agent at your request or using an application embedded in any smart phone or similar technology.

You further agree to use your AvvTech Mobile App solely in accordance with instructions provided to you by AvvTech and in compliance of all applicable laws and regulations, as well as any policies and rules of the owner of the AvvTech Enabled Charging Station and/or the owner of the property on which the AvvTech Enabled Charging Station is located.

You shall promptly update online any changes to your name, email address, mailing address, PIN Code, HST details, telephone number and payment gateway related information when that new information is first known. You remain liable for all Session Fees billed to your account until you have notified AvvTech Customer Service of any changes in your account until you have cancelled your account.

If you wish to submit a complaint regarding a particular transaction charged to your AvvTech Account, you shall notify AvvTech within 7 days of the date of the transaction by writing to us at support@avvtech.ca. The complaint shall clearly indicate the type of error in the transaction. Complaints regarding incorrect charging costs are processed and determined by AvvTech. If and when a complaint is accepted, AvvTech shall compensate you for the amount without delay. If the complaint is rejected, AvvTech will inform you of the result within 90 days from the receipt of written complaint.

AvvTech Mobile Application may be used to pay Session Fees on any publicly accessible AvvTech Enabled Charging Stations, and on any private AvvTech Enabled Charging Station you are allowed to use. Using Mobile Application for payment of Session Fees, a record of your transaction will be created. Session Fees will be charged to your account in accordance with the price configured as per the actual consumption which may be different from the estimated amount informed through the AvvTech Mobile App. It is your responsibility to be aware of the price charged for access to the applicable AvvTech Enabled Charging Station. For availing the Services, you shall select one of the payment mechanisms offered by AvvTech. You shall be providing appropriate payment information to enable AvvTech to receive due amount against Transaction and create a valid invoice for the Transaction. You shall be depositing from time-to-time prepaid amounts towards your account balance and the Session Fees associated with your charging session will be deducted from that balance. You authorize AvvTech to, from time to time, deduct amounts payable towards Session Fees from your account. You shall ensure that the registered payment mechanism is valid and that it has sufficient balance. In case payment cannot be processed and the balance in your account cannot be deducted, we reserve the right to close your AvvTech Account. AvvTech further has the right to require payment directly from you in case of any negative account balance. You may opt to use the AvvTech Account, to pay for the Services. Any money deposited in the AvvTech Account will be non-refundable, non-transferrable and may only be used to pay for the Services.

If a mobile phone with AvvTech Mobile Application installed is lost or stolen, please report such loss or event online, immediately, or, if you do not have access to the internet, inform AvvTech Service immediately (see contact information at the end of this document). You remain liable for all Session Fees initiated through the AvvTech Mobile Application until such notification.

Your AvvTech Mobile Application usage is subject to the terms of the AvvTech Privacy Policy. You are responsible for all use of the AvvTech Mobile Application/webpage under your user name. You agree that, while AvvTech has attempted to provide accurate information on the AvvTech Mobile Application/webpage, such information may change frequently and in no event will AvvTech be responsible for the accuracy, usefulness or completeness of any information, materials or other content on the AvvTech Mobile Application/webpage, or that any such information, materials, or other content is the most up-to date.

AvvTech uses all reasonable efforts to ensure that the availability of AvvTech Enabled Charging Stations can accurately be tracked in AvvTech Mobile Application/website, but cannot guarantee or assure that the charging stations will be available for provision of Services at any given point of time, and expressly disclaim any warranty of availability of the AvvTech Enabled Charging Stations at any point of time as displayed in the AvvTech Mobile Application/website. Either Party may terminate this Agreement at any time without assigning any reason. Following any termination, you remain responsible for payments owed under this Agreement. If such unpaid charges are not promptly remitted, you may become liable for additional service charges, fines, or penalties, and you may be subject to collection actions for any unpaid balance.

AvvTech reserves the right to update, change or replace the terms and conditions of service of this Agreement at any time by providing either notification on website/app OR written notice to you, which, for these purposes, shall include an email sent to the email address you have on record with AvvTech (Hence, it’s your responsibility that your profile information is up to date). You agree that all changes become applicable to you when you use AvvTech Mobile Application after that date. However, it’s your responsibility also to check these terms and condition from time to time.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE AVVTECH ENABLED CHARGING STATIONS AND THE AVVTECH MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. AVVTECH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

AvvTech Mobile Application may provide an option of advance booking on some AvvTech Enabled Charging Stations (“Booking Feature”). For booking any charging station in advance, a boooking fee (“Booking Fee”) is payable from your selected payment mechanism. The Booking Fee paid by you is non-refundable and non-transferable, and can be applied only on the AvvTech Enabled Charging Station selected at the time of booking and only for the time period for which the booking is made (“Booking Slot”). Please note that charging at your selected AvvTech Enabled Charging Station will auto-stop 5 minutes before the end of your Booking Slot, or before the end of the last Booking Slot in case you have booked multiple consecutive Booking Slots, to allow you time to disconnect your electric vehicle and egress from the charging station before the next Booking Slot.

AvvTech makes all reasonable efforts to ensure that AvvTech Enabled Charging Stations are available for charging during the Booking Slot(s), however there may be unforeseen events beyond our control which affect availability of AvvTech Enabled Charging Stations during the Booking Slot. AvvTech hence, reserves the right to cancel any advance booking at any time before or during the Booked Slot without assigning a reason for the same. AvvTech shall not be responsible for any losses incurred by you due to a booking being cancelled or for the AvvTech Enabled Charging Station not being available for charging during the Booked Slot(s) due to any reason. If a booking is cancelled by AvvTech or your selected AvvTech Enabled Charging Station is unavailable for the Booking Slot or any part thereof, AvvTech will refund the Booking Fee in full or partially, as may be applicable, upon receipt of an application with valid accompanying documentary/photographic evidence from you. AvvTech will respond to any refund request made within 90 days from the date of request.

You agree to indemnify, protect, and hold harmless AvvTech and its directors, officers, employees, agents and distributors, and Program Partners and entities on whose premises the AvvTech Enabled Charging Stations are installed, and their respective directors, officers, employees and agents (collectively, the “Indemnified Parties”) from all liability for any loss, damage or claim arising from or related to your misuse or misapplication of the Services, damage to the charging station or damage to the charging station premises, or otherwise for any breach of the terms of this Agreement.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER AvvTech OR ANY PROGRAM PARTNER SHALL BE LIABLE FOR, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AvvTech HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE SERVICES.

To the maximum extent allowed by law, you agree to, and hereby do, release the Indemnified Parties from all loss, damage, or injury whatsoever, known or unknown, whether arising in tort or contract or otherwise arising out of or in any manner connected with the Services, including the use of the AvvTech Enabled Charging Stations. You agree that none of the Indemnified Parties will incur any obligation or liability for any such loss, damage or injury to the maximum extent allowable by law.

This Agreement is to be construed according to the laws of Canada. You agree that any dispute over privacy or the terms contained in this privacy policy will be governed by the laws of Canada and all disputes arising out of or in connection with this Agreement shall be finally settled arbitration to be held in Toronto, Ontario (Canada).