Terms And Conditions
In-Effect Date: June 26, 2018
Thank you for using our websites www.flo.ca and www.addenergietechnologies.com any associated sites, our mobile application or our transactional pages (collectively, the “Sites”), owned and operated by AddÉnergie Technologies Inc. and Services FLO Inc., having their principal offices at 2800 Rue Louis-Lumière, Suite 100, Québec (Québec) G1P 0A4, Canada.
Suspension or termination of access to Sites
FLO may, at its sole discretion, decide to stop providing (permanently or temporarily), to you or to all, access to the Sites (or a functionality of the Sites) without prior notice and without any liability or cost to FLO.
If FLO experiences technical difficulties with the Sites, you may be unable to access the Sites and your account details or to complete a transaction during such a period. FLO shall use reasonable commercial efforts to advise you of when the problem will be resolved but makes no express warranties regarding when service will be restored. You may not rely on any timing guidance provided during technical difficulties—such guidance is to be treated as an informed estimate only.
Use of Sites
The Sites allow you to access information on the various electric vehicle charging products and services offered by FLO, to make purchases and to use the FLO charging network and in some cases, to learn about and use other networks with which FLO has a roaming arrangement, subject to your agreement to the terms of those networks. The information provided on the Sites is offered by FLO for reference only and may not be relied upon by you or any person.
Prohibited Uses of the Sites
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Sites. FLO reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Sites, or any other systems or networks connected to the Sites or to any FLO server, or to any of the services offered on or through the Sites, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Sites or any network connected to the Sites, nor breach the security or authentication measures on the Sites or any network connected to the Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Sites, or any other customer of FLO, including any FLO account not owned by you, to its source, or exploit the Sites or any service or information made available or offered by or through the Sites, in any way where the purpose is to reveal any information, including but not limited to personal information, other than your own information, as provided for by the Sites.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or FLO’s systems or networks, or any systems or networks connected to the Sites or to FLO.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any transaction being conducted on the Sites, or with any other person’s use of the Sites.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to FLO on or through the Sites or any service offered on or through the Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You are prohibited from and agree not to submit to the Sites any information that is inappropriate, obscene, or fraudulent. You are prohibited from and agree not to engage in any activity related to the use of the Sites that constitutes a criminal offence or unlawful action.
You must not deploy any kind of destructive software on the Sites, such as a virus, computer worm, Trojan horse, time bomb, cancelbot or any other harmful file, program or code designed to interrupt, destroy or limit the functionality of the Sites. You must not attempt to gain unauthorized access to the Sites or other computer systems or networks related to the Sites, by hacking passwords or other means; obstruct or disrupt networks or servers related to the Sites or breach the rules, policies or procedures of such networks; or use, download or otherwise copy or provide to another person or entity the directory of users or other information on users, or information on the use or part of same for purposes other than those related to use of the Sites.
By installing the FLO application, you consent to the activation by FLO of the FLO mobile application and to all future updates and upgrades. You may refuse consent at any time by uninstalling the application from your device. For help, contact FLO at email@example.com.
Be advised that the activation of the FLO mobile application (including updates and upgrades) may have these consequences:
• your device will communicate with our servers to provide the functionalities and services (as described on the platform used to download the mobile application, such as iTunes or Google Play);
• we will prompt you to accept to share your geolocation in order to help us tailor our services to your needs, such as directing you towards the closest available charging station;
• your preferences relating to mobile applications or data stored on your device may be affected; and
Your telecommunications providers and credit card processing companies may charge you fees in relation to your use of the FLO mobile application or of our services, as well as when updating the application. These fees are at your expense.
Registration with the Sites
Certain pages of the Sites require registration. If you choose to register, you agree to provide accurate information regarding yourself, and to keep this information up-to-date.
You are responsible for:
• maintaining the confidentiality of the passwords you choose or that are assigned to you following your registration;
• any activity carried on under your user name; and
• exiting your account at the end of each session.
You undertake to notify FLO in writing of any unauthorized use of your user name or your password as soon as you are aware of such activity, by email or otherwise. You are responsible for any losses or damages incurred until the time of the written notice.
Electronic mail is neither protected nor confidential. Messages may be lost or intercepted as are communications by other means (for example postal mail). No electronic system can be perfectly protected or error-free. FLO will not be responsible for damages you may suffer through the exchange of electronic mail or messages, should they be generated by you or by FLO.
The Sites may offer you functions that allow you to submit to FLO messages, comments, data, texts, software, music, sounds, photographs, images, videos and other materials to be posted on the Sites (“Customer Content”).
When you submit your Customer Content to FLO for posting on the Sites, please be advised that you are granting FLO an unrestricted, irrevocable, non-exclusive, perpetual and royalty-free worldwide:
• license to use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute, publicly perform or display your Customer Content for any purpose whatsoever; and
• sublicense to third parties who have access to the Sites to use on a computer, mobile telephone or other electronic device for personal and non-commercial use.
In addition to the granting of the above license, please be advised that:
• You agree to waive all moral rights to the Customer Content in favor of FLO;
• FLO cannot be held liable for any loss, corruption or damage to your Customer Content; and
• the Customer Content will be considered non-confidential.
By submitting your Customer Content to FLO, you represent and warrant to FLO that the Customer Content:
• is original;
• does not infringe any intellectual property right;
• belongs to you exclusively, or as the case may be, you have obtained the holder’s written permission to submit the Customer Content;
• does not contain any defamatory comment or any obscenity and does not violate a third party’s privacy or publicity rights.
All texts, images, photographs, information, audio clips, video clips, software and codes available on the Sites (collectively the “Content”), including the presentation of the Content and the Customer Content (defined above) are protected by United States and foreign laws, including copyright laws, and belong to FLO, its affiliates or its licensors.
The modification, reproduction, distribution, transmission, dissemination, representation, networking, marketing, publication, licensing, public performance, downloading, creation of derivative works, internet posting, sale or any exploitation of the Sites and their Content are prohibited.
All the software integrated into or included on the Sites, including all files and/or images contained in or generated by such software, is protected by copyright and may be protected by other rights as well. Such software belongs to FLO, its affiliates or its licensors.
You may not: (i) use, reproduce, modify, adapt, translate, download or transmit the software, in whole or in part; (ii) sell, lease, rent, license or transfer the software or otherwise allow access thereto; (iii) alter, remove or cover any trademark or notice of ownership included in the software; and/or (iv) decompile, disassemble, decrypt, extract or reverse-engineer the Sites and its components, including, without limitation, the software, or assist anyone to do so.
You acknowledge that you do not hold any right, title, interest or license to or in the software integrated into the Sites or that may be downloaded from the Sites
Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Sites may be trademarks belonging to FLO or other service providers, used with the consent of third-party owners (the “Trademarks”). You agree not to remove, edit or otherwise alter Trademarks, service marks, logos and other proprietary information contained on the Sites. Trademarks and the information contained on the Sites, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining our prior written consent.
Social media websites
The fact that the Sites offer links to other websites does not mean that FLO endorses or approves the content of these websites or the products, services or publications that may appear thereon. The content available through these hyperlinks is not subject to FLO policies. Therefore, FLO shall not be held responsible for any damages that you may incur when you are redirected to another website by way of a hyperlink.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THE SITES AND THE INTERNET IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. FLO PROVIDES THE SITES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT FLO WILL HAVE ADEQUATE CAPACITY FOR THE SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. YOUR ACCESS AND USE OF THE SITES ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR ANY OTHER DAMAGES THAT RESULTS FROM SUCH ACCESS OR USE.
FLO makes no warranty regarding the Sites and/or their Content and expressly disclaims any warranties or representations that:
• They will meet your needs and expectations;
• They will be accurate, complete, reliable or relevant;
• Their operation will be uninterrupted, timely, secure, or error-free;
• That defects or errors will be corrected; or
• That they will be free of viruses or harmful elements.
Limitation of Liability
You agree that in no event shall FLO, its affiliates (including its parent company AddÉnergie Technologies INC.) and their employees, officers, directors or representatives (“FLO Representatives”) have any responsibility or liability for any loss or damage whatsoever, including incidental, indirect, punitive, exemplary, consequential or special damages (including but not limited to damages for pain and suffering, emotional distress or similar damages, harm to business or reputation, loss of information, loss of profit, loss of revenue or income, loss of salary or other compensation from employment), arising from or in connection with the use or performance of the Sites or its Content even if FLO or any FLO Representative has been advised of the possibility of such damages or loss or if such damages or loss was foreseeable.
FLO and FLO Representatives disclaim all liability for the acts, omissions or conduct of any third-party user of the Sites or of any advertiser or sponsor of the Sites (“Third-Party Users”) and may in no case be held liable for any loss or damage (including, without limitation, special, indirect, consequential, punitive, exemplary or incidental damages) or costs arising in any manner from:
• The acts, omissions or conduct of a Third-Party User; and
• The use of or inability to use any software, Content or services of the Sites or offered through another site linked to the Sites.
You will indemnify and hold FLO and FLO Representatives (the “Indemnified Parties”) harmless from and against any claims brought by third parties resulting from:
• your browsing or use of the Sites or any site to which the Sites are or may be linked from time to time, or your inability to do so;
• your use of or reliance upon publications, communications, distributions or downloads of any nature through the Sites; and/or
• your violation of any applicable law, rule or regulation.
You agree that the Indemnified Parties will have no liability in connection with any such claim and agree to hold them harmless against any and all resulting losses, damages, judgments, awards, costs, expenses, as well as judicial and extrajudicial fees and costs.
FLO may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Sites, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FLO’s rights or property, or the rights or property of visitors to or users of the Sites, including our other customers. FLO reserves the right at all times to disclose any information that FLO deems necessary to comply with any applicable law, regulation, legal process or governmental request. FLO also may disclose your information when FLO determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Void Where Prohibited
The information provided on the Sites are 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 FLO to any registration requirement within such jurisdiction or country. FLO makes no representation or warranty that any material on the Sites are lawful in every jurisdiction from which such Content can be accessed, or is available for use in all jurisdictions. If you access or use the Sites from a jurisdiction outside of Canada you are responsible for compliance with all applicable local laws.
Complaints, Notices and Contact Information
FLO takes claims of infringement of intellectual property rights, defamation and violation of rights of privacy or publicity very seriously. If you believe that any of the material that is or was on the Sites infringes or has infringed any rights, including copyrights or trademarks, owned by you, or by an owner for which you are authorized to act, please contact us at firstname.lastname@example.org.
© 2018. Services FLO Inc. All rights reserved.
In-Effect Date: July 10, 2018
The Sites are intended for the use of our customers and users in Canada only. You may not use the Sites from another country. If you use the Sites from another country, you agree that only the laws of Canada will apply to your use and that we will under no circumstances be liable for, and you will hold us harmless against the application of the laws of any other country.
Types of Information Collected
You are not required to supply personal information to view the content of the Sites. However, we will require your personal information in certain instances, such as when you buy a charging station, when you create a user account to use the FLO Network, when you use the FLO Network to charge your electric vehicle or when you contact customer service.
Depending on the circumstances, we may collect different types of personal information about you, including the following:
• your name;
• your address;
• your date of birth;
• your email address;
• your phone number;
• your use of the FLO Network, such as your power consumption, the date of use, your geolocation and other similar information;
• your electric vehicle model;
• identifiers such as cookies, IP addresses, and mobile device IDs that recognize individuals over time and across different websites or online services, where those identifiers can be reasonably linked to an identifiable individual; and
• details about problems using the FLO Network you may have experienced.
We may solicit your input on your experience using the FLO Network or navigating the Sites.
If you communicate with one of our representatives by phone, the conversation may be recorded in order to assess the quality of the service, to train our employees or to protect both parties in case of disagreement. You will be notified of such recording in advance and may refuse it.
You may disable cookies on your computer. Most browsers are initially set up to accept cookies; however, the “help” feature of the menu bar on most browsers will tell you how to manage cookies and/or how to disable them completely.
Please be advised that disabling cookies may affect user functionality. For instance, visitors who have disabled cookie processing will no longer be able to enjoy all functionalities related to the management of their user account.
We keep standard web logs that record data about all visitors to the Sites. These logs do not contain personally-identifiable information and may consist of:
• the Internet domain from which you access the Sites;
• the location from which you access the Sites
• the type of browser and operating system you use;
• the date and time you visited the Sites;
• the pages you viewed on the Sites; and
• the address of the websites from which you linked to the Sites.
We also may have to record your IP address when you visit the Sites. When you surf the Internet, your computer is automatically assigned an IP address via an Internet protocol. Your IP address is either static or dynamic; a static IP address may allow for you to be identified; while a dynamic IP address does not usually allow for it.
Information Through Mobile Devices.
When you access the Sites or the FLO Network through your mobile telephone or other mobile devices (“Mobile Device”), we may collect: (i) Mobile Device type and manufacturer; (ii) mobile carrier; (iii) Mobile Device identifiers (“Device ID”); (iv) telephone number; (v) Internet Protocol address; (vi) geographic location/country/zip code; (vii) platform version; (viii) installation, navigation, access, interaction, impression and engagement information; (ix) network connection type; (x) browser type; (xi) Mac address; (xii) iOS advertiser ID; and (xiii) such other information you voluntarily provide to us. In addition, we may collect information you provide when you sign up to have Short Message Service notifications sent directly to your Mobile Device.
The Sites are not intended for children under the age of 17. If you are under 17, please do not provide personal information to us of any kind whatsoever. If a child of less than 17 provides us with personal information, a parent or guardian of that child may contact us to have this information deleted from our records. If you believe that we may hold information from a child under the age of 17, please notify us though our Privacy Officer by e-mail at email@example.com.
Use of Information
We use the information we collect about you mainly for the following purposes:
• Administering the Sites and making them available to you;
• Allowing you to buy our products and services online;
• Allowing you to access the FLO Network and networks with which we have roaming agreements and to use the charging services they offer;
• Billing you for your charging activities on the FLO Network and networks with which we have roaming agreements;
• Detecting and preventing threats to computer or FLO Network security;
• Developing and marketing our brand image, products and charging services, promotions and advertising;
• Communicating with you about technical notices, product and service upgrades, security alerts and support—because this information is important to your interaction with FLO, you may not opt out of receiving these communications while you still have an account with us;
• Verifying your identity and the veracity of any requests if you contact us;
• Responding to your requests, complaints, comments and questions, including helping you find alternative charging locations near you, if necessary;
• If you enter into a sweepstake, contest, or similar promotion, we may use the information you provide to administer those programs; and
• From time to time, any other purpose authorized or required by applicable law.
We also use the information we collect about you to generate statistics, gather information, and measure activity on the Sites and on the FLO Network. When we compile information for these statistical purposes, your personal information is not individually identifiable. Rather, it forms part of a whole made up of data from all the users of charging stations.
We may use your personal information to communicate with you about our services, upcoming events, promotions and special offers, and other news about us. We will ask you for your consent before doing so, subject to the applicable laws. Moreover, you will have the right to request information regarding our disclosure of your personal information to our affiliates or third parties for marketing purposes. You may do so and/or withdraw your consent to this type of use by writing to our customer service at firstname.lastname@example.org. More particularly, if you are on our mailing list and wish to unsubscribe, you may do so by clicking the link provided on every email.
Sharing of Information
Partners and Suppliers
FLO may share information related to your use of the Sites and the FLO Network (i) with the owners and the hosts of our charging stations, and with our service providers and entities with which we run joint programs or offers, such as electricity suppliers, in order to improve or to continue to offer the charging services and to provide services related to programs you have chosen to participate in involving our service providers and entities with which we run joint programs or offers.
When you use your FLO user account to “roam” on another EV charging network with which we have a roaming arrangement, or if you are a member of another EV charging network “roaming” on the FLO Network, we are required to disclose various personal information with the operator of the other network to support your charging including, but not limited to, name, FLO Network user number, charging information, contact information, to provide any support necessary and conduct billing and reporting as required by agreement with our roaming partners.
Within FLO, we limit access to your personal information to authorized personnel in compliance with applicable law.
We may also share information with third parties, specifically financial and legal advisors, as part of a sale or assignment of our business, for audit purposes or for other financial transactions, including, but not limited to, credit transactions.
In the event we combine with another company in the future through a corporate merger, sale, acquisition, liquidation or other similar process, your personal information may be transferred with the business or a part of it, or may be sold as an asset of the business, to the successor organization in such transaction. If material changes to our privacy practices will occur as a result of such transaction, you will be notified via prominent notice in our Sites of any change in ownership or uses of your personal information, as well as choices you may have regarding your personal information.
We may share with third parties some non-personally identifiable information and aggregated non-personally identifiable information, for example, the number of customers located in a certain geographic area or the number of hours in a day customers with an electric vehicle use electric vehicle chargers.
Safekeeping of Information
No method of transmission over the Internet, or method of electronic storage is ever completely secure. There is always a risk that the information you are sending us may be lost, intercepted, hacked or misused. Therefore, we encourage you to take special care in deciding what personal information you provide to us as we cannot guarantee its absolute security.
Storage of Information
All personal information will be safeguarded in a confidential manner in compliance with the privacy laws of the jurisdictions where we do business. We employ reasonable administrative, technical and physical safeguards to protect your personal information from loss, theft and unauthorized access, use, modification and destruction.
Access to your personal Information
You have a right, under the law, to obtain access to your personal information and to request that it be corrected if the personal information is inaccurate, out of date, incomplete or ambiguous, or if the collection, release or keeping of the information is not authorized by law. If you notice any errors or inaccuracies, please let us know and we will make the necessary corrections. Subject to our retention rights described below, you may also request to have your personal information deleted. Any request for access to, or correction or deletion of your personal information and any notice shall be directed by e-mail to FLO’s Privacy Officer: email@example.com.
Your personal information is kept as long as required for the purposes for which it was collected or for the purposes of compliance with our legal and regulatory obligations. When the information is no longer necessary, it is destroyed. When destroying documents and data, we follow strict procedures and ensure that only authorized personnel have access to them.
In addition, we will provide notice to you of any breach of security, confidentiality or unauthorized release of personal or private data in accordance with applicable laws, rules and regulations.
This section tells you about FLO’s online advertising practices.
Customized Social Media Ads
FLO partners with third-party social media platforms, such as Facebook, to show you customized advertisements. To offer such ads, we may convert your email address, telephone number or other contact information you have provided to us into a unique value which can be matched to your social media profile by our partners, such as Facebook or other social media platforms. While FLO does not provide any personal information to these platforms, these platforms may gain insights about individuals and help us in providing interest-based advertising. Please visit Facebook for information on Facebook’s advertising and privacy policies https://www.facebook.com/about/privacy/), and visit any other social media platform you use for information on their policies.
Your Choices with Respect to Interest-Based Advertising
You have a choice whether or not to accept the use of certain cookies by using the “help” feature of your Internet browser.
You can opt-out of network advertising programs here:
• Digital Advertising Alliance of Canada opt-out page: http://youradchoices.ca/understanding-online-advertising,
• NAI opt-out page: http://www.networkadvertising.org/managing/opt_out.asp, and
• Ad Choices opt-out page: http://www.aboutads.info/choices/
You can opt-out of customized social media ads by adjusting your social media settings (for instance, you can manage your settings via your Facebook profile). You can also unsubscribe from mailing lists by using the links included in the advertisements.
Do Not Track
We do not respond to DNT (Do Not Track) signals.
Please note that if you opt-out you may still receive online advertising from FLO or from other websites or applications. However, these advertisements will not be displayed to you based on your interests.
© 2018. Services FLO Inc. All rights reserved.