Terms & Conditions

App Terms and Conditions


 

1. INTRODUCTION: Welcome to our application (the “App“). This App is published by or on behalf of JumpStart Charging (“JSC”) a company registered in Texas.

By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy and our cookies policy. If you have any queries about the App or these Terms, you can contact Us by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.
 

2. GENERAL RULES RELATING TO CONDUCT: The App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorised purpose. When you use the App you must comply with all applicable United States laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”).
 

You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
 

(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
 

(b) Attempt to gain unauthorised access to the App or any networks, servers or computer systems connected to the App; or
 

(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
 

You agree to indemnify JSC and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.


3. CONTENT: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to JSC or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without JumpStart Charging’s express permission.
 

The trademarks, service marks, and logos (“Trade Marks“) contained on or in the App are owned by JumpStart Charging or its group companies or third party partners of JumpStart Charging. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of JumpStart Charging or the relevant group company or the relevant third party partner of JumpStart Charging.
 

4. LINK TO THIRD PARTIES: The App may contain links to websites operated by third parties (“Third Party Websites“). JumpStart Charging may monetise some of these links through the use of third party affiliate programmes. Notwithstanding such affiliate programmes, JumpStart Charging does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.

 

5. JumpStart Charging PRIVACY POLICY: We take your privacy very seriously. JumpStart Charging will only use your personal information in accordance with the terms of our privacy policy and cookies policy. By using the App you acknowledge and agree that you have read and accept the terms of our app privacy policy and app cookies policy and these Terms.
 

6. DISCLAIMER / LIABILITY: USE OF THE APP IS AT YOUR OWN RISK. THE APP IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) JUMPSTART CHARGING DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APP; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APP (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN JUMPSTART CHARGING AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APP; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APP. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

 

JumpStart Charging will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the App, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss.

IF JUMPSTART CHARGING IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APP, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY DOLLARS ($50.00)  OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APP, OR ANY IN-APP SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER.

Nothing in these Terms shall be construed as excluding or limiting the liability of JumpStart Charging or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by US law.

 

7. SERVICE SUSPENSION: JumpStart Charging reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
 

8. ADVERTISERS IN THE APP: We accept no responsibility for adverts contained within the App. If you agree to purchase goods and/or services from any third party who advertises in the App, you do so at your own risk. The advertiser, not JumpStart Charging, is responsible for such goods and/or services and if you have any queries or complaints in relation to them, your only recourse is against the advertiser.
 

9. COMPETITIONS: If you take part in any competition which is run in or through the App (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by JumpStart Charging from time to time (“Competition Rules“) and by the decisions of JumpStart Charging, which are final in all matters relating to the Competition. JumpStart Charging reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

 

10. IN-APP VOUCHER CODES: Any in-app voucher codes issued by JumpStart Charging may only be used in accordance with our Terms and Conditions for in-app voucher codes.
 

11. GENERAL: These Terms (as amended from time to time) constitute the entire agreement between you and JumpStart Charging concerning your use of the App.

 

JumpStart Charging reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the App to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the App. No other variation to these Terms shall be effective unless in writing and signed by an authorised representative on behalf of JumpStart Charging.

 

These Terms shall be governed by and construed in accordance with Texas law and you agree to submit to the exclusive jurisdiction of Texas Courts.

 

If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect.

 

JumpStart Charging’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by JumpStart Charging in writing.

 

Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, JumpStart Charging and its group of companies.

 

12. CONTACT US: You can contact us at 600 Congress, 14th Floor, Austin, TX, 78701, or info@jumpstartcharging.com.

Charging Unit Terms and Conditions

 

BACKGROUND:

 

This agreement applies as between you, the User of this Website and the User of the Charging stations and JumpStart Charging, the owner(s) of this Website and the Charging Stations. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website, the app, and the charging stations. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website, the JumpStart app, and our charging devices, immediately.

 

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

 

Definitions and Interpretation

 

In this Agreement the following terms shall have the following meanings:

 

 

“Account”  means collectively the personal information, Payment Information and credentials used by Users to access Content and / or any communications System on the Website;

 

“Consumer”  means a user of the JumpStart system – anyone who downloads and uses the JumpStart app and / or plugs and connects their device into a JumpStart Charging unit.

 

“Content”        means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

 

“Charger”  means the JumpStart charging unit that is placed in businesses, waiting areas, and public spaces.

 

“Device”  means any type of smartphone that may be used in the JumpStart Charging system.

 

“JumpStart Charging” means JumpStart Charging;

 

“Service” means collectively any online facilities, tools, services or information that JumpStart Charging makes available through the Website either now or in the future;

 

“Services” means the services available to you through this Website, specifically Purchase, Lease, Rental of Device Charging kiosks, Advertising, Sponsorships and branding;

 

“Payment Information” means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

 

“Purchase Information”means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form;

 

“System” means any online communications infrastructure that JumpStart Charging makes available through the Website, and the app, either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links. This also means the system of charging units and the companion app.

 

“User” / “Users”         means any third party that accesses the Website and is not employed by JumpStart Charging and acting in the course of their employment; and

 

“Website”       means the website that you are currently using (www.jumpstartcharging.com) and any sub-domains of this site (unless expressly excluded by their own terms and conditions.

 

Consumer Users:

 

Consumer are to use the JumpStart Charging system at their own risk. JumpStart Charging assumes no liability for consumer devices of any kind at any time. Any damage or other issue to devices in the charging environment is solely the responsibility of the consumer user.

           

Business Customers

These Terms and Conditions apply to business customers only.

 

Intellectual Property

Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of JumpStart Charging, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by JumpStart Charging.

Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

 

Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of JumpStart Charging or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

 

Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.jumpstartcharging.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of JumpStart Charging. To find out more please contact us by email at info@jumpstartcharging.com.

 

 

Use of Communications Facilities

When using the inquiry form or any other System on the Website you should do so in accordance with the following rules:

You must not use obscene or vulgar language;

You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

You must not submit Content that is intended to promote or incite violence;

It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;

The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

You must not impersonate other people, particularly employees and representatives of JumpStart Charging or our affiliates; and

You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.

You acknowledge that JumpStart Charging reserves the right to monitor any and all communications made to us or using our System.

You acknowledge that JumpStart Charging may retain copies of any and all communications made to us or using our System.

You acknowledge that any information you send to us through our System or post on Facebook or Twitter may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

 

Accounts

In order to procure Services on this Website and to use Facebook or Twitter facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

all information you submit is accurate and truthful;

you have permission to submit Payment Information where permission may be required; and

you will keep this information accurate and up-to-date.

Your creation of an Account is further affirmation of your representation and warranty.

 

It is recommended that you do not share your Account details, particularly your username and password. JumpStart Charging accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

If you have reason to believe that your Account details have been obtained by another without consent, you should contact JumpStart Charging immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, JumpStart Charging accepts no liability or responsibility and you should make contact with the third party service provider detailed in the Purchase Information

When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

Termination and Cancellation

Either JumpStart Charging or you may terminate your Account. If JumpStart Charging terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

If JumpStart Charging terminates your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.

JumpStart Charging reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

 

Services, Pricing and Availability

Whilst every effort has been made to ensure that all descriptions of Services available from JumpStart Charging correspond to the actual Services, JumpStart Charging is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 13.4 for incorrect Services.

JumpStart Charging does not represent or warrant that such Services will be available.

All pricing information on the Website is correct at the time of going online. JumpStart Charging reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

In the event that prices are changed during the period between an order being placed for Services and JumpStart Charging processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price.

 

Provision of Services

Provision of Services shall commence when full payment has been received or as otherwise detailed in the Terms & Conditions pertaining directly to those Services.

JumpStart Charging shall use its best endeavors to provide the Services with reasonable skill and care.

Provision of all Services shall be subject to the Terms and Conditions pertaining directly to those Services.

In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 days to inform us of the mistake. JumpStart Charging will ensure that any necessary corrections to the Services provided are made within 21 working days. No refunds for products or services supplied by JumpStart Charging are available.

JumpStart Charging reserves the right to exercise discretion with respect to any alterations to Services under the provisions of this Clause 13. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

Any use or enjoyment that you may have already derived from the Services;

Any characteristics of the Services which may mean that cessation of provision is impossible without significant further work on the part and at the expense of JumpStart Charging.

Such discretion to be exercised only within the confines of the law.

 

Privacy

Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

[The Website places the following cookies onto your computer or device. These cookies are used for the purposes described herein. Full details of the cookies used by the Website and your legal rights with respect to them are included in our Privacy Policy. [By accepting these terms and conditions, you are giving consent to JumpStart Charging to place cookies on your computer or device. Please read the information contained in the Privacy Policy prior to acceptance.]

Disclaimers

JumpStart Charging makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

No part of this Website is intended to constitute a contractual offer capable of acceptance.

Whilst JumpStart Charging uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

Changes to the Service and these Terms and Conditions

JumpStart Charging reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If JumpStart Charging is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

 

Availability of the Website

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

JumpStart Charging accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

Limitation of Liability

To the maximum extent permitted by law, JumpStart Charging accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

Nothing in these Terms and Conditions excludes or restricts JumpStart Charging’s liability for death or personal injury resulting from any negligence or fraud on the part of JumpStart Charging.

Nothing in these Terms and Conditions excludes or restricts JumpStart Charging’s liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.

Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

 

Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

 

Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and JumpStart Charging.

 

Communications

All notices / communications shall be given to us by email to info@jumpstartcharging.com. Such notice will be deemed received the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

JumpStart Charging may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the Unsubscribe link in any email you may receive from us.

Law and Jurisdiction

These Terms and Conditions and the relationship between you and JumpStart Charging shall be governed by and construed in accordance with the laws of the State of Texas.