Terms of Use and Conditions
THE FOLLOWING ARE THE TERMS AND CONDITIONS UPON WHICH ECOFORWARD SUSTAINABLE SOLUTIONS SOCIETY, OWNER AND ADMINISTRATOR OF EVPARTSMART.CA OFFERS YOU ACCESS TO OUR WEBSITE AND/OR ANY SERVICES PROVIDED BY EVPARTSMART.CA ON OUR WEBSITE.
BY USING OUR EVPARTSMART.CA WEBSITE AND/OR ANY SERVICES PROVIDED BY EVPARTSMART.CA ON OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, CONDUCTING ANY SEARCHES THEREON), YOU AGREE TO ALL OF THESE TERMS AND CONDITIONS.
This EVPARTSMART.CA Website User Agreement describes the terms and conditions that apply when you use: (a) our EVPARTSMART.CA Website and/or (b) any EVPARTSMART.CA Website Service (as defined below).
Definitions
“EVPARTSMART.CA Website” shall mean any website from which the EVPARTSMART.CA Services can be accessed (including, without limitation, EVPARTSMART.STORE), the various web pages which make up such website, and any and all intellectual property, information, and other content incorporated into and/or displayed on any such pages of such websites (including, without limitation, html, graphics, software, and algorithms).
“EVPARTSMART.CA Website Service” shall mean: (I) any service provided by EVPARTSMART.CA on the Website; and (ii) any and all intellectual property, systems, software, code, graphics, information, data, and content used to provide any service provided on the EVPARTSMART.CA Website (including, without limitation, databases, VIN decoders, battery and model names, inventory batteries data and databases, batteries seller services data (including without limitation delivery, warranty, and certification data), and other data and databases).
“Batteries” means high voltage and low voltage battery systems, battery modules and cells, battery packs, battery management systems (BMS), inverters, chargers, electric drive components, wiring harnesses, and related electrical or thermal management components, whether sold independently or as battery of a larger assembly. “Batteries” may be new, used, recycled, salvaged, remanufactured, refurbished, reconditioned, or aftermarket, and may be sourced from dismantled or end of life vehicles, suppliers, or manufacturers. “Batteries” also includes any component or material recovered, processed, tested, or repurposed for reuse, resale, or secondary applications, including stationary energy storage or other non-vehicular uses where applicable. Unless expressly stated otherwise, “Batteries” excludes: (a) complete motor vehicles offered for sale as operational units; (b) installation tools, service equipment, or diagnostic devices not intended to be installed in a vehicle; and (c) consumable products not designed for reuse as a component battery.
“Collected Data” means any and all data, information, content, metadata, analytics, records, statistics, insights, or other materials collected, generated, derived, inferred, aggregated, processed, or obtained by EVPARTSMART.CA through the operation of its websites, products, services, systems, software, applications, databases, or business activities, including, without limitation: (a) vehicle, battery, and automotive batteries information; (b) data relating to vehicle identification numbers (VINs) and the components, assemblies, options, specifications, batteries, modules, batteries, or materials associated with such vehicles; (c) inventory, pricing, availability, condition, testing, performance, compatibility, repair, recycling, refurbishment, and resale information; (d) customer interaction, usage, transactional, technical, diagnostic, analytical, and operational data; and, (e) any derivative works, analyses, reports, compilations, aggregations, models, enhancements, or other information created from or based upon any of the foregoing. Collected Data includes data collected directly or indirectly from users, customers, suppliers, vendors, business partners vehicles, batteries, products, equipment, websites, software, services, and third-party sources, whether such data exists in raw, processed, anonymized, aggregated, or modified form.
Website User Agreement
We have the right to amend this EVPARTSMART.CA Website User Agreement at any time (and the amended EVPARTSMART.CA Website User Agreement will be effective immediately upon being posted on our site). Please see Section 18 below for more information regarding our ability to amend this EVPARTSMART.CA Website User Agreement. As used herein: (1) “we,” “us” and “our” refer to EVPARTSMART.CA; and (2) “you” refers to the user of this site.
- Permitted Users of Our EVPARTSMART.CA Website and EVPARTSMART.CA Website Services
Only individuals who can form legally binding contracts under applicable law are permitted to use our EVPARTSMART.CA Website and/or any EVPARTSMART.CA Website Service. In addition, individuals desiring to use our EVPARTSMART.CA Website and/or any EVPARTSMART.CA Website Service must be at least 19 years old (the age of majority in British Columbia). - Separate Agreement for Sellers Using Our EVPARTSMART.CA Website
This EVPARTSMART.CA Website User Agreement applies to all users of our website and all users of any EVPARTSMART.CA Website Service. As a result, this EVPARTSMART.CA Website User Agreement applies to sellers when they access or use the Website or any of the EVPARTSMART.CA Website Services. However, this EVPARTSMART.CA Website User Agreement does not apply to or govern the relationship between EVPARTSMART.CA and sellers in regard to the display of their inventory on our website). Separate contracts govern the relationship between EVPARTSMART.CA and sellers regarding the display of their inventory on our sites (including, without limitation, the EVPARTSMART.CA Website). The terms of this EVPARTSMART.CA Website User Agreement are in addition to (but do not amend or modify) the relationship between EVPARTSMART.CA and such sellers regarding the display of their inventory on our sites (including, without limitation, the EVPARTSMART.CA Website) as set forth in such separate contracts. - Fees for use of our EVPARTSMART.CA Website and EVPARTSMART.CA Website Services
Sellers who wish to list batteries for sale on the EVPARTSMART.CA Website will be granted access to list batteries for free. Sellers will be charged a 10% commission when an inventory item is sold. - All Transactions are Solely between Seller and Buyer
Our EVPARTSMART.CA Website acts as a location for sellers to display their inventory and for buyers to locate, order batteries, and/or contact sellers in order to purchase batteries. We are not a party to the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items, or the ability of buyers to buy items. You agree that all purchase agreements are directly between you and the seller of the battery. we make no warranty, and have no liability whatsoever, with respect to those agreements. We cannot ensure that a buyer or seller will actually complete a transaction. You should look to the seller for any refunds, credits or adjustments to a transaction. We assume no responsibility, and offer no warranty whatsoever, regarding (1) your transaction with any seller(s), (2) any batteries you purchase from a seller, or (3) any information (including, without limitation, credit card information) that you give to a seller. - Battery Information Provided by Battery Sellers
The information that you receive on our site in response to a batteries search is information that has been posted by battery sellers. We do not review or verify that information for truth or accuracy. We simply provide tools for sellers to assist them with the creation of accurate inventory listings. Always use common sense and practice safe purchasing when using our site. - Information Provided or Sent by Users
You agree that any information that you provide or communicate to others in connection with (or as a result of) using our EVPARTSMART.CA Website or any EVPARTSMART.CA Website Service (whether by email, or otherwise) will be true, correct, and complete and will comply with all applicable laws. By way of example, and not of limitation, you shall not post or send to others anything that (a) is fraudulent, (b) infringes any third party’s contractual or intellectual property rights (including, without limitation, their copyright, patent, trademark or trade secret rights), (c) is defamatory, libelous or threatening or harassing, (d) is obscene, or (e) contains any viruses or other computer code that is intended to damage or disrupt any system or that intercepts or expropriates any data or information. - Intellectual Property Rights; No Copying or Sublicensing Allowed
EVPARTSMART.CA owns all right, title, and interest in and to the Collected Data. EVPARTSMART.CA shall have the unrestricted, perpetual, worldwide, irrevocable, transferable, sublicensable, and royalty-free right to collect, store, use, reproduce, modify, analyze, aggregate, anonymize, commercialize, distribute, publish, display, prepare derivative works from, and otherwise exploit the Collected Data for any lawful purpose, including the improvement, development, marketing, provision, and operation of its products and services and those of its affiliates. - Our Right to Terminate Access to Our EVPARTSMART.CA Website and EVPARTSMART.CA Website Services
We reserve the right to choose not to deal with any person for any reason (or for no reason whatsoever). Without limiting that right, we may immediately suspend (either for a set period of time or indefinitely) or terminate your right to access or use our EVPARTSMART.CA Website and/or any EVPARTSMART.CA Website Service: (a) if you breach any provision of this EVPARTSMART.CA Website User Agreement, (b) if you fail to pay the fees applicable to your use of the EVPARTSMART.CA Website and EVPARTSMART.CA Website Services in a timely manner, (c) if we are unable to verify or authenticate any information that you provide to us, (d) if we believe that your actions may result in legal liability for you, for any of our other customers (including, without limitation, other users of our EVPARTSMART.CA Website or batteries sellers displaying their inventory on our EVPARTSMART.CA Website), or for EVPARTSMART.CA, or (e) for any other reason. - Website and Services Provided “As Is”
The EVPARTSMART.CA Website and all content, information, tools, databases, and services made available through the Website (collectively, the “Website Services”) are provided on an “AS IS”, “AS AVAILABLE”, and “WITH ALL FAULTS” basis and are used at your sole risk. To the fullest extent permitted by applicable law, EVPARTSMART.CA disclaims all representations, warranties, and conditions of any kind, whether express, implied, statutory, or collateral, including any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement, accuracy, completeness, reliability, availability, security, or uninterrupted operation. EVPARTSMART.CA does not warrant that the Website or any Website Services will be error-free, uninterrupted, secure, accurate, complete, current, or suitable for any particular purpose. - Links to Other Sites
We may provide, or sellers may provide, or third parties may provide, links to other websites or resources. We have no control over (and do not endorse) such sites or resources and, as a result, you agree that we are not responsible or liable for (a) the availability (or lack of availability) of any such sites or resources, or (b) any content, advertising, products, services or other materials contained on (or accessible or available from or through) any such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused (or alleged to have been caused) by or in connection with your use of (or reliance upon) any content, advertising, products, services or other materials that are contained on (or accessible or available from or through) any such sites or resources. - Permitted Manner of Access
Our EVPARTSMART.CA Website and the EVPARTSMART.CA Website Services are provided by EVPARTSMART.CA using EVPARTSMART.CA servers and are accessed and used by you via the Internet. You acknowledge and understand that: (a) the Internet is a public network and, as such, has certain limitations, which may change over time; (b) the Internet is an evolving technology; (c) access to the Internet is sometimes unavailable; (d) EVPARTSMART.CA can change its Internet service provider(s) at any time without notifying you; and (e) as a result of such factors, EVPARTSMART.CA cannot assure you of continuous, uninterrupted access to our EVPARTSMART.CA Website or any of the EVPARTSMART.CA Website Services. You understand, acknowledge, and agree that our EVPARTSMART.CA Website and the EVPARTSMART.CA Website Services are designed to be used manually through human interaction (i.e. a person entering the search criteria, clicking, and/or otherwise navigating the site from within a standard commercial web browser (i.e. Internet Explorer, Chrome, Safari or Firefox)) and you shall not use our EVPARTSMART.CA Website or any EVPARTSMART.CA Website Service in any other manner (ex. via electronic, software or other automated means of access, navigation or extraction of content) without EVPARTSMART.CA’s prior written consent. Furthermore, you agree not to: (1) use any robot, spider, scraper or other automated means to access the EVPARTSMART.CA Website or any EVPARTSMART.CA Website Service for any purpose without express written permission from the Chief Executive Officer of EVPARTSMART.CA; (2) interact with our EVPARTSMART.CA Website or any EVPARTSMART.CA Website Service with any software other than a standard commercial web browser (i.e. Internet Explorer, Chrome, Safari or Firefox) that does not have a plug in that provides navigation, access, integration or scraping of the EVPARTSMART.CA Website or any EVPARTSMART.CA Website Service; or (3) take any action that imposes or may impose (in EVPARTSMART.CA’s sole discretion) an unreasonable or disproportionately large load on our infrastructure. - Permitted Purpose for Using the EVPARTSMART.CA Website Services
You may only use our EVPARTSMART.CA Website and/or the EVPARTSMART.CA Website Services in connection with locating and purchasing auto batteries from batteries sellers that display their inventory on our EVPARTSMART.CA Website (and/or communicating with batteries sellers that display their inventory on our EVPARTSMART.CA Website about their batteries). Any other use of our EVPARTSMART.CA Website or any EVPARTSMART.CA Website Service is strictly prohibited. By way of example (and not of limitation) the use of our EVPARTSMART.CA Website or any EVPARTSMART.CA Website Service for any of the following purposes is prohibited: (1) use in connection with any e-commerce application (other than the e-commerce capabilities of the EVPARTSMART.CA Website itself); (2) collecting or providing any bulk information about the pricing or availability of batteries, such as statistical or average pricing, either on a local, regional, national or international basis; (3) collecting or providing any bulk information about batteries seller services (including, without limitation, delivery services, warranty services, and/or certifications); (4) collecting, creating, modifying, or verifying batteries VIN decoding (or information regarding batteries VIN decoding). - VinQuery
Our EVPARTSMART.CA Website and certain of the EVPARTSMART.CA Website Services incorporate and/or uses third-party VIN decoding. Some of the information available through this service contains material that is reproduced and distributed under a license not held by EVPARTSMART.CA. You agree not to use EVPARTSMART.CA’s VIN decoding service for any purpose other than to provide information related to inventory that you as a seller display on our EVPARTSMART.CA Website. You further agree not to use our EVPARTSMART.CA Website or any information provided to you through the use of our EVPARTSMART.CA Website and/or any EVPARTSMART.CA Website Service (including, without limitation, the data derived from searches on our site): (1) for the purpose of copying all or any battery of our VIN decoding service’s results in any manner which violates the copyrights of VinQuery. - Limitation of Liability
Under no circumstances shall EVPARTSMART.CA be responsible for special, indirect, incidental or consequential damages or loss of profits which you may incur or experience on account of using any of EVPARTSMART.CA’S websites (including, without limitation, the EVPARTSMART.CA website) or services (including, without limitation, any EVPARTSMART.CA Website Service), regardless of whether the action lies in contract, in tort or otherwise, even if EVPARTSMART.CA has been advised of the possibility of such damages. Notwithstanding anything to the contrary set forth herein, you agree that EVPARTSMART.CA’S maximum aggregate liability to you or any third party in any circumstances relating to the use of our EVPARTSMART.CA Website and/or any EVPARTSMART.CA Website Service is limited to the lesser of: (a) the total fees paid from you to EVPARTSMART.CA in the immediately proceeding six (6) months in order to use the EVPARTSMART.CA Website and/or any EVPARTSMART.CA Website Services; or (b) one thousand dollars ($1,000). The limitation described above is cumulative, with all payments with respect to this agreement for claims or damages being aggregated to determine satisfaction of the limit, and the existence of one or more claims will not enlarge this limitation on amount. Furthermore, EVPARTSMART.CA shall not be responsible for any problems beyond its control, including, without limitation, any problems with its internet connection or internet service provider. - Your Obligation to Indemnify Us
You agree to indemnify and hold us and our suppliers, subsidiaries, affiliates, officers, directors, agents and employees harmless from any claims, demands, liabilities, damages, costs and/or expenses (including, without limitation, attorneys’ fees and any costs to defend) that we incur as a result of: (a) your breach of this EVPARTSMART.CA Website User Agreement; (b) your use of our EVPARTSMART.CA Website or any of the information or content contained on the EVPARTSMART.CA Website (including, without limitation, the data derived from searches on our site); and/or (c) your use of any EVPARTSMART.CA Website Service (including, without limitation, searching the batteries displayed by batteries sellers on our EVPARTSMART.CA Website). - Shipping & Return Policies
The Shipping & Return Policies posted on the EVPARTSMART.CA website, form part of this Agreement. By Agreeing to the Terms of Use & Conditions you are also agreeing to the Shipping & Return Policies as they were posted on the date you (as a seller or as a buyer) first interacted with our website. - Notices
Any notices to EVPARTSMART.CA must be given by postal mail sent to EVPARTSMART.CA’s operating location as it is then posted on the EVPARTSMART.CA Website. Any notices to you will be sent to the e-mail address that you provide to EVPARTSMART.CA. - Governing Law
This EVPARTSMART.CA Website User Agreement (and your use of our EVPARTSMART.CA Website and/or any EVPARTSMART.CA Website Service) shall be construed in accordance with and governed by the law of British Columbia, Canada, including the application of any applicable statutes of limitations. You understand, acknowledge and agree that any action, suit or proceeding brought by you or us with respect to this EVPARTSMART.CA Website User Agreement (and/or your use of our EVPARTSMART.CA Website, your use of any EVPARTSMART.CA Website Service, and/or your use of any information obtained from the EVPARTSMART.CA Website or the use of any EVPARTSMART.CA Website Service (including, without limitation, the data derived from searches on our EVPARTSMART.CA Website)) shall be brought exclusively in the courts of British Columbia, Canada. By your use of our EVPARTSMART.CA Website and/or any EVPARTSMART.CA Website Service, you irrevocably submit to the exclusive jurisdiction and venue of the courts of the British Columbia, Canada. - Our Right to Amend this EVPARTSMART.CA Website User Agreement
We may amend this EVPARTSMART.CA Website User Agreement at any time by (1) posting an amended version of this EVPARTSMART.CA Website User Agreement to a link accessible from the EVPARTSMART.CA Website, (2) posting an amended version of this EVPARTSMART.CA Website User Agreement on our products website, or (3) otherwise providing you reasonable notice of any amendment(s) to this EVPARTSMART.CA Website User Agreement. This EVPARTSMART.CA Website User Agreement (as amended) will be effective immediately upon being posted in the manner described above (or when we otherwise provide you reasonable notice of the amendment(s) as described above) unless a different effective date is explicitly set forth in the amended EVPARTSMART.CA Website User Agreement. You do not have the right to amend, modify, disregard, or reject any of the terms or conditions of this EVPARTSMART.CA Website User Agreement (either in its present forms or as it may be amended from time to time in the future). - Entire Agreement
This EVPARTSMART.CA Website User Agreement constitutes the entire agreement between you and EVPARTSMART.CA with respect to your use of our EVPARTSMART.CA Website and/or any EVPARTSMART.CA Website Service. This EVPARTSMART.CA Website User Agreement supersedes any other agreements, advertisements, writings, descriptions or communications of any nature whatsoever regarding the terms upon which you may use our EVPARTSMART.CA Website and/or any EVPARTSMART.CA Website Service (including, without limitation, any telephone or email communications that you may have had with any employee or agent of EVPARTSMART.CA and anything contrary to the terms set forth in this EVPARTSMART.CA Website User Agreement set forth elsewhere on our EVPARTSMART.CA Website).