(Last Updated 11 December 2023)

These Terms and Conditions (“The Terms”) constitute a contract between you (“you”/”your”) and Puma Social Limited T/A EVHACS (“EVHACS”) (the “Agreement”). Please read this Agreement carefully.

 

  1. General

EVHACS manufactures the EVHACS Product which is the patent-pending hybrid air conditioning/heat pump solution which incorporates the ordinary functionality of an existing air conditioning/heat pump unit with an Electric Vehicle charger (the EVHACS Product”); As part of the features of that Product EVHACS is permitting you to access an App (“the App”) for the purposes of better enhancing your customer experience with the EVHACS Product (the “Purpose”) provided that in order to access the App you accept these Terms and Conditions. The App may be made available to you on a subscription or non-subscription basis. Your use of the App is permitted solely for use in conjunction with the EVHACS Product.

 

  1. Definitions

“the Agreement” means the terms and conditions set out herein;

“Data” means any information made available to you by EVHACS via the App for the purposes of enhancement of your customer experience with the EVHACS product;

“the EVHACS Product” means the patent-pending hybrid air conditioning/heat pump solution which incorporates the ordinary functionality of an existing air conditioning/heat pump unit with an Electric Vehicle charger;

“Intellectual Property” means any proprietary rights of EVHACS whether registered or unregistered and includes all rights, entitlements, interest and ownership in the App, the Data, and the EVHACS Product, vesting now or into the future, and includes, but is not limited to the, copyright, trademark, or patents, including patent applications, of EVHACS.

“Use” means use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

 

  1. Privacy

Your use of the App is subject to EVHACS Privacy Policy, which is available at https://evhacs.com/privacy-policy/

 

  1. Description of Services

EVHACS is providing to you access to the App for the purpose of better enhancing your customer experience with the EVHACS Product.

 

  1. Disclaimer of Warranties and Limitation of Liability

Except as expressly limited by law, EVHACS shall not be liable for any damages whatsoever caused or incurred by you, and in particular shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, business interruption, loss of revenue, or loss of use, arising out of or related to your use of the App or incidental to your use of the App, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, whether or not EVHACS has been advised of the possibility of such damages.

For the avoidance of doubt, and, insofar as another provision of this Agreement does not express apply, EVHACS shall not be liable for any of the following: loss of profits, wasted management time, business interruption, wasted expenditure of any sort whatsoever, anticipated savings, loss or corruption of data, liability under third-party contracts.

NEITHER PARTY SHALL BE IN ANY WAY LIABLE TO THE OTHER FOR ANY INDIRECT AND/OR CONSEQUENTIAL LOSSES INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, DISASTER RECOVERY COSTS OR ANY OTHER INDIRECT DAMAGES OF ANY KIND WHATSOEVER REGARDLESS OF THEIR NATURE.

The limitations in this Clause shall not apply to death or personal injury caused by the negligence of EVHACS or otherwise as prohibited by law.

EVHACS cannot, at any time, accept responsibility for any losses, injuries, inconvenience or expenses caused due to Force Majeure including but not limited to government action or restraint, war, riot, civil strife, industrial dispute, strikes, terrorist activity, natural or nuclear disaster, fire, flood, delays, weather conditions or the threat of any of these or any other event beyond its control.

We do not guarantee or give any assurances to you or other users regarding the accuracy, integrity or quality of the App. While EVHACS makes every reasonable effort to ensure its systems run error free and are free from virus or other malware you understand that by using the App, you may be exposed to Data that is objectionable.

Access to the App, is provided on an “as is” basis. You should not rely on any Data on the App to make (or refrain from making) any decision or to take (or refrain from taking) any action on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such Data and/or materials by you as a user of the App, or by anyone who may be informed of its Data. While we will always endeavour to ensure the App is up to date, and carries the latest Data available to EVHACS to enhance your experience in using the EVHACS Product, we cannot accept any liability for failing to keep the information on the App up to date, or complete. Data also may be removed from the App at any time (for instance, because the data is no longer available to us), after which it cannot be downloaded, redownloaded, or otherwise accessed from the App. You agree that from time to time EVHACS may, for technical or operational reasons, remove the App, or the Data, for indefinite periods of time, or cancel the App at any time and will, to the extent practicable, notify you of this. If EVHACS discontinues a subscription to the App that you have already paid for, EVHACS will issue you a refund.

EVHACS shall have no liability for any interruptions in the use of the App. EVHACS disclaims all warranties with regard to the Data provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.  EVHACS does not warrant that the App will operate error-free or that the App and its server are free of computer viruses and other harmful elements. If as a result of your use of the App or its Data, there is a need for servicing or replacing equipment or data, the Company assumes no responsibility whatsoever for those costs.

 

  1. Your Obligations

You may not tamper with or circumvent any security technology included with the App or Data.

In the case of the App it is strictly a matter for you to provide:

(i) all equipment necessary for your own Internet connection, including computer and modem, and

(ii) your own access to the Internet, and

(iii) payment of any fees arising from such connection.

You are responsible for the use of the login details of the App. EVHACS disclaims any liability whatsoever which may arise by, for example, the provision of your login details to the App to another person. For the avoidance of doubt every user of the App, irrespective of the login details used to gain access to the App, shall be bound by the provisions of this Agreement. In particular EVHACS disclaims any liability whatsoever in respect of damage of whatever kind which arises owing to the provision of your login details to a minor. It is strictly your responsibility to ensure the safe use of the App and the Data.

As part of the process of use of the EVHACS Product your use of the EVHACS Product may be dependent on your acceptance of the terms of use of the EVHACS Product which should be read in conjunction with these Terms. In the event of a conflict between these Terms and the terms of use of the EVHACS Product these Terms shall prevail.

 

  1. EVHACS Obligations

EVHACS warrants that it has the necessary skill to render the App available for your use for the Purpose. EVHACS warrants that it will supply the App with due skill, care and diligence and that the App will be of merchantable quality.

EVHACS warrants that the App will perform in all material aspects in accordance with the intended use of the application for the Purpose. In other words that the App will compliment and enhance your better use of the EVHACS PRODUCT, which may also form the subject of a separate Agreement. However, it does not follow, and EVHACS does not warrant that, the use of the App by you will be uninterrupted or that the operation of the App will be error-free, or that it will be secure.

The App shall be considered to be defective where the App materially deviates from the Purpose, provided that you have used the App in accordance with its intended use fo the Purpose and for no other reason. EVHACS shall not be liable for deviations from the intended use for the Purpose which are caused by use contrary to EVHAC’s instructions, defects in related systems, the internet or your computer environment or which are of no importance for your intended use of the App.

Insofar as reasonably possible EVHACS commits to resolving, in a timely fashion, any bug-fix or any other defect in the App which fails to enhance your experience of the use of the App for the Purpose. For the avoidance of doubt rectification shall be carried out without unreasonable delay.

In lieu of rectifying any bug-fix or any other defect in the App, EVHACS may elect to supply new access to you pursuant to another subsequent release of the App. This new access may be provided free of charge or may incur a cost at the agreement of the Parties, dependent on whether you are using the App on a subscription or non-subscription basis.

Where a material defect arises you shall be entitled on immediate written notice to terminate this Agreement where such material defect is not rectified, or replacement access is not made available, without unreasonable delay after receipt by EVHACS of your written notice thereof. A material defect is one which renders operation of the App for its intended use for the Purpose an impossibility.  In compliance with Part 2 of the Consumer Rights Act 2022, EVHACS commits to ensure, insofar as reasonably possible, that the App is kept up to date in order to ensure our continued contractual obligation to you to permit your continued use of the App. For the avoidance of doubt EVHACS may, in its absolutely discretion, elect to supply new access to you pursuant to another subsequent release of the App. This clause, insofar as it refers to any obligations we have under Part 2 of the Consumer Rights Act 2022, shall not apply to updates which seek to change or improve the functionality of the App.

 

  1. Governing Law

This Agreement is governed by Irish law. The Irish courts will have exclusive jurisdiction over any claim arising from or in any way related to your use of the App. EVHACS retains the right to bring proceedings against you for breach of this Agreement in your country of residence or any other relevant country.

 

  1. Intellectual Property

All Intellectual Property in EVHACS will remain the property of EVHACS. You are granted a non-exclusive limited-use licence of this Intellectual Property.  Title to and ownership of all Intellectual Property Rights embodied by or otherwise incorporated into the App, or the Data, and any other material provided by EVHACS to you shall remain with EVHACS or its successors and assigns. Except as expressly provided in the Agreement, nothing shall be construed to grant to you any right, title or interest in or to the App, or the Data and any other material provided by EVHACS to you.

As between you and EVHACS all Data provided to the you by EVHACS pursuant to the Agreement shall be owned by EVHACS, regardless of any translation, alteration or collation of such data by you for the purposes of the Agreement (as part of the Purpose or otherwise).

 

  1. Severance

If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions (or remaining part of a provision in the event that part of a provision is found to be invalid, unenforceable or illegal) shall remain in force.

 

  1. Waiver

If we fail to enforce any of the provisions of this Agreement, it will not be considered a waiver. Any amendment to or waiver of this Agreement must be made in writing and signed by EVHACS.

 

  1. Termination

EVHACS, retains the right to stop providing all or any part of the App to you for any reason including if you violate the letter or spirit of this Agreement. If we disable your login to the App you will not create another one without our permission. You may delete your login at any time in accordance with the terms of our Privacy Policy.

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