Terms and Conditions
Conditions of Use
Effective: April 1, 2020
Thank you for using the charging station network (the “Charging Stations”) of Hydro-Québec's Electric Circuit (the “Electric Circuit”), our website https://lecircuitelectrique.com/ and associated sites, our mobile application and/or transactional pages (collectively, the “Sites”), operated and owned by Hydro-Québec and/or its affiliated company AXSO Recharge intelligente S.E.C. (AXSO), whose headquarters are located at 75, René-Lévesque Ouest, Montréal, Québec H2Z 1A4, Canada.
Acceptance of Conditions of Use
By using the Electric Circuit and any of the Sites, you agree to be bound by these Conditions of Use and by our Privacy Policy (the “Privacy Policy”), which is an integral part hereof (the “Conditions of Use”). If you do not wish to accept the Conditions of Use, Hydro-Québec asks that you please stop using the Electric Circuit and the Sites.
The Conditions of Use constitute a contract between you and Hydro-Québec regarding access to and use of the Electric Circuit and the Sites. Hydro-Québec invites you to read the Conditions of Use and the Privacy Policy carefully before using the Electric Circuit or browsing the Sites. If you have any questions, please do not hesitate to contact the administrator at support@lecircuitelectrique.com.
Modification of Conditions of Use
In order to continuously improve its processes and activities, Hydro-Québec reserves the right to modify the Conditions of Use or to include additional terms and conditions in them, at its sole discretion. By using the Electric Circuit or by accessing the Sites after changes have been made to them, you agree to abide by and be bound by these Conditions of Use as amended. Hydro-Québec will advise you when the Conditions of Use are modified and invites you to reread the Conditions of Use from time to time to keep up to date.
Conditions of Use of the Electric Circuit
By using the Electric Circuit, you agree to comply with the rules of use and pricing posted on the Charging Stations or on the Sites.
As the Charging Stations may be located and housed on land owned by a third party (the “Host”), you also agree to observe and obey all rules established by the Hosts concerning their property, including but not limited to the general conduct of customers or visitors, parking restrictions, parking time and restrictions regarding hours of access to the lots or to the Charging Stations. You are solely responsible for any damage, fees, penalty or loss caused by your failure to respect Host rules.
In the event of a malfunction when recharging your electric vehicle, please call the telephone number displayed on the Charging Station. To guarantee the quality of Electric Circuit services, you agree that Hydro-Québec and its authorized agents may listen to and record your calls to customer service or technical support. Subject to our legal obligations, we reserve the right to retain the files containing the recordings of these calls if we believe that this is necessary.
IN CASE OF EMERGENCY OR ANY SITUATION THAT COULD THREATEN HUMAN LIFE OR CAUSE SERIOUS INJURY TO PERSONS OR SIGNIFICANT DAMAGE TO PROPERTY, YOU MUST CALL 9-1-1 IMMEDIATELY AND FOLLOW THE INSTRUCTIONS GIVEN TO YOU.
Conditions of use for charging stations of other networks
Hydro-Québec has entered into roaming agreements that may allow you to access the charging stations of other networks. By using these charging stations, you agree to comply with their conditions of use and pricing, including conditions relating to any software application that gives you access to them. You also agree to observe and obey all rules of the charging station owners and operators concerning their property, including but not limited to the general conduct of customers or visitors, parking restrictions, parking time and limitations on hours of access to the lots or to the charging stations. You are solely responsible for any damage, fees, penalty or loss caused by your failure to respect the conditions of use and the rules of the owners and operators.
Use of the Sites
The Sites allow you to access information on the EV charging services offered by the Electric Circuit, to purchase charging services, to use the Electric Circuit Charging Stations and, in some cases, to identify and use other networks with which Hydro-Québec has roaming agreements, subject to acceptance of their conditions of use.
Suspension and termination of access to the Electric Circuit and the Sites
Hydro-Québec may, at its sole discretion, cease (on a permanent or temporary basis) to make the Charging Stations or Sites (or a functionality of a Site) available to any or all persons, without notice or liability for Hydro-Québec.
If Hydro-Québec or one of its service providers should experience technical difficulties that prevent normal operation of the Electric Circuit or the Sites, you may be prevented from accessing the Charging Stations, the Sites or your user account or from completing a transaction during that time. Hydro-Québec and its service providers will use commercially reasonable efforts to inform you of the timeline for correcting the problem, but cannot make any warranty as to its duration.
Prohibited uses of the Sites
You may not use deep links, web collectors, search robots, indexing robots or other devices, programs, algorithms or automated processes, or other similar or equivalent manual processes, to access all or part of the Charging Stations, Sites or Content (as defined below) for the purpose of acquiring, copying or monitoring them, or to reproduce or circumvent in any way whatsoever the navigation or presentation structure of the Sites or their Content (as defined below), or for the purpose of obtaining or attempting to obtain material, documents or information by any means other than those expressly made available through the Sites.
You may not attempt to gain unauthorized access, by hacking, password extraction or any other means, to any part or functionality of the Sites, to other systems or networks connected to the Sites, including the Charging Stations, or to a server of the Electric Circuit or of its service providers, or to services offered on or through the Sites.
You may not attempt to probe, scan or test the vulnerability of the Sites or any connected network, or to breach the security and authentication measures of the Sites, the Electric Circuit or any connected network. You may not reverse-lookup, track or attempt to track information about other Site users or visitors or other Electric Circuit users, in particular any user account that you do not hold at its source, or exploit the Sites or any services or information made available on or through the Sites in any way for the purpose of finding such information, including but not limited to the personally identifying information of other Electric Circuit users.
You undertake to refrain from any action that would impose an excessive or unreasonable load on the infrastructure of the Electric Circuit, the Sites or any system or network connected to them.
You undertake not to use any device, software or routine to interfere or attempt to interfere with the proper functioning of the Electric Circuit, the Sites or any operation carried out on the Sites, or with the use of the Sites by any other person.
You may not attempt to forge headers or otherwise manipulate identifiers on the Sites in order to disguise the origin of any message or data transmitted by you to Hydro-Québec or AXSO on or through the Sites, or of a service offered on or by the Sites. You may not pretend to be or represent someone else, or impersonate any other physical or legal entity.
You may not use the Sites or Content (as defined below) for any purpose that is unlawful or prohibited herein, nor solicit any activity that is illegal or that infringes on the rights of Hydro-Québec, AXSO, its service providers or third parties.
You may not transmit any inappropriate, obscene or fraudulent information on the Sites, nor engage in any criminal offense or illegal act related to the use of the Charging Stations or the Sites, and you undertake to refrain from doing so.
You may not infect the Sites or Charging Stations with any form of destructive software such as a virus, worm, Trojan, time bomb, cancelbot, or any other harmful element, file, program or code designed to interrupt, destroy or limit the operation of the Charging Stations. You may not attempt to gain unauthorized access to the Charging Stations, the Sites or any connected computer systems or networks by password extraction or other means; interfere with or disrupt the networks or servers connected to the Charging Stations or the Sites, or violate their regulations, policies or procedures; or use, download or otherwise copy a user directory or other user information or give any other a person or entity access to it.
Mobile app
By installing the Electric Circuit’s mobile app, you consent to its activation by AXSO and to the installation of any future updates and enhancements. You may withdraw your consent at any time by uninstalling the app from your device. For assistance, contact AXSO at support-ce@axso.co.
Please note that activation of the Electric Circuit mobile app (including any updates and improvements) may have the following consequences:
• Your device will automatically communicate with our servers in order to deliver the features and services (as described on the platform where you download the app, such as Apple’s App Store or Google Play);
• We will ask you to share your geolocation data in order to provide you with personalized services, such as directing you to the closest available Charging Station;
• Your preferences regarding your apps or information stored on your device may be affected; and
• Personal information may be collected, as more fully described in our Privacy Policy.
Your telecom service providers may apply data charges when you use the Electric Circuit mobile app and our services or when you update the mobile app. You are responsible for these charges.
Site registration
Some pages of the Sites require the creation of a user account. If you choose to sign up on these pages of the Sites, you agree to provide accurate information about yourself and to keep it up to date.
You are responsible for:
• maintaining the confidentiality of the passwords you choose or that are assigned to you following signup;
• any activity using your username; and
• closing your account page at the end of each session.
You must notify us in writing of any unauthorized use of your username or password as soon as you become aware of it by writing to info@lecircuitelectrique.com. You remain liable for any loss or damage until you send in your written notice.
Email
Emails are not secure or confidential. As in communications made by other means (e.g., by postal mail), messages can be lost or intercepted. No electronic system is completely protected or error-free. Subject to their legal obligations, Hydro-Québec and AXSO disclaim all liability for any damage you may suffer as a result of the exchange of emails or electronic messages, whether they come from you, Hydro-Québec, AXSO or their service providers.
Customer content
The Sites may offer features that allow you to send Hydro-Québec or AXSO messages, comments, data and other information for public display on the Sites (“Customer Content”).
When you submit Customer Content to Hydro-Québec or AXSO, be advised that you are granting them, free of charge, an unlimited, irrevocable, non-exclusive and perpetual worldwide license to:
• use, copy, store, adapt, translate, modify, transmit or distribute your Customer Content, create derivative works from it, perform it in public or make it available to the public for any purpose whatsoever; and
• grant a license to third parties having access to the Sites to use or display your Customer Content on a computer, mobile phone or any other electronic device for personal, non-commercial use only.
In addition to the abovementioned license, be advised that
• you cede all intellectual property rights in the Customer Content to Hydro-Québec or AXSO;
• Hydro-Québec and AXSO cannot be held liable for any loss, corruption or damage to your Customer Content; and
• Customer Content is considered non-confidential.
By submitting your Customer Content to Hydro-Québec or AXSO, you warrant that the Customer Content:
• is original;
• does not infringe any intellectual property rights;
• belongs exclusively to you or, if not, you have obtained written permission from the owner to submit the Customer Content; and
• does not contain any defamatory statements or obscenity and does not violate a third party's image or right to privacy.
Copyright
All text, images, photographs, information, audio clips, video clips, software and codes available on the Sites (collectively, the "Content"), including the Content presentation and the Customer Content (defined above), are protected by applicable laws, in particular with regard to copyright, and belong to Hydro-Québec, AXSO or third parties who have granted a license to it.
As long as you comply with these Conditions of Use, Hydro-Québec and AXSO grant you a personal, non-exclusive and non-transferable license to use and display the Sites and their Content on your computer, mobile phone or any other electronic device for personal, non-commercial use only, and to make one copy, for backup or hard-copy purposes, as long as you do not modify the Content and you keep the copyright notices.
Any modification, reproduction, distribution, transmission, dissemination, representation, online linking, marketing, publication, licensing, downloading, creation of derivative works, online posting, sale or exploitation of the Sites and their Content is prohibited.
Software
All software built into or installed on the Charging Stations or 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. All the software belongs to Hydro-Québec and AXSO, or to their service providers or third parties that have licensed it to them.
You may not: i) use, reproduce, modify, adapt, translate, download or transmit the software or any part of it; ii) sell, rent, license or transfer the software or otherwise allow access to it; iii) modify, remove or cover any trademarks or proprietary notices within the software; iv) decompile, disassemble, decipher or extract information from the Sites, Charging Stations and their components, including, in particular, software, or help anyone to do so.
You acknowledge that you have no rights, title, interest or license in the software that is built into the Charging Stations or the Sites, or that may be downloaded from the Sites.
Trademarks
Some names, words, titles, graphic elements, logos or designs, as well as certain sentences or icons used on the Sites may be trademarks owned by Hydro-Québec, AXSO or other service providers and/or are used with the consent of third-party owners (the “Trademarks”). You may not reproduce or use the Trademarks, or any part thereof, in any way without the prior written consent of Hydro-Québec. You agree not to remove, edit or otherwise modify the Trademarks.
Social media websites
Some pages of the Sites may be accessible through various social media websites such as Facebook, Twitter, YouTube, LinkedIn and others. Before visiting or using our web pages on these social media websites, you must read and agree to their Conditions of Use and their Privacy Policy.
Hyperlinks
The Sites contain hyperlinks that may direct you to the websites of our service providers or third parties. The fact that the Sites offer links to other websites does not mean that Hydro-Québec or AXSO endorses or approves their content, products, services or publications. The content available through these hyperlinks is not governed by the policies of Hydro-Québec and AXSO. Hydro-Québec and AXSO disclaim all liability for any damage you may suffer when you are redirected to another web site by means of a hyperlink
Disclaimer of liability
YOU SPECIFICALLY AGREE THAT YOUR USE OF THE SITES AND THE INTERNET IS AT YOUR OWN RISK. THE SITES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THEIR AVAILABILITY AT ALL TIMES, MERCHANTABLE OR SATISFACTORY QUALITY, SUITABILITY TO A PARTICULAR USE, AND NON-INFRINGEMENT. YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE OR ANY OTHER DAMAGE THAT MAY RESULT FROM SUCH ACCESS OR USE.
HYDRO-QUÉBEC AND AXSO MAKE NO WARRANTIES WITH RESPECT TO THE SITES AND/OR THEIR CONTENT (INCLUDING THE FUNCTIONALITIES OF THE APPLICATIONS) AND EXPRESSLY DISCLAIM ALL LIABILITY FOR THE FOLLOWING:
• THAT THE SITES WILL MEET YOUR NEEDS AND EXPECTATIONS;
• THE EXACTITUDE, COMPREHENSIVENESS, RELIABILITY OR RELEVANCE OF THE SITES AND/OR THEIR CONTENT;
• SECURE FUNCTIONING OF THE SITES WITHOUT INTERRUPTION OR ERROR;
• CORRECTION OF DEFECTS OR ERRORS IN THE SITES; OR
• ABSENCE OF VIRUSES OR HARMFUL ELEMENTS IN THE SITES.
THE ELECTRIC CIRCUIT MAKES THE CHARGING STATIONS AVAILABLE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL HAVE ACCESS TO THEM AND BE ABLE TO USE THEM AT THE TIMES AND PLACES OF YOUR CHOICE, OR THAT THEY WILL BE AVAILABLE IN A SPECIFIC LOCATION OR TERRITORY, OR THAT THEY WILL BE OUTAGE-FREE OR FUNCTIONAL AT ALL TIMES.
Limitation of liability
YOU ACKNOWLEDGE THAT HYDRO-QUÉBEC, AXSO AND AFFILIATES, AND THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (THE “REPRESENTATIVES OF THE ELECTRIC CIRCUIT”), CANNOT BE HELD LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUFFERING AND EMOTIONAL DISTRESS, HARM TO BUSINESS OR REPUTATION, AND LOSS OF INFORMATION, PROFITS, INCOME, SALARY OR OTHER REMUNERATION) RESULTING FROM OR IN CONNECTION WITH THE USE OF OR RELIANCE ON PERFORMANCE OF THE ELECTRIC CIRCUIT CHARGING STATIONS, SITES OR CONTENT, EVEN IF HYDRO-QUÉBEC, AXSO AND ELECTRIC CIRCUIT REPRESENTATIVES WERE INFORMED OF THE POSSIBILITY OF THIS DAMAGE, AND EVEN IF THE DAMAGE WAS FORESEEABLE.
HYDRO-QUÉBEC, AXSO AND THE REPRESENTATIVES OF THE ELECTRIC CIRCUIT DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY USER OF THE CHARGING STATIONS OR THE SITES AND ANY ADVERTISER OR SPONSOR OF THE SITES (“THIRD-PARTY USERS”) AND CAN IN NO WAY BE HELD LIABLE FOR ANY LOSS, DAMAGES (INCLUDING SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES) OR COSTS RESULTING IN ANY WAY FROM:
• ACTS, OMISSIONS OR CONDUCT OF THIRD-PARTY USERS; AND
• THE USE OR INABILITY TO USE SOFTWARE, SITE CONTENT OR SERVICES OFFERED THROUGH OTHER SITES OR THIRD-PARTY USERS LINKED TO THE SITES.
Indemnification
You shall indemnify Hydro-Québec, AXSO and the Electric Circuit representatives (the “Indemnified Parties”) and hold them harmless against any third-party claims arising from:
• your violation of the Conditions of Use;
• your navigation, use or inability to browse or use the Sites;
• your use of publications, communications, distributions or downloads of any kind through the Sites, or the fact that you relied on them; and/or
• your violation of any applicable law, rule or regulation, including the rules for using the Charging Stations.
You agree that the Indemnified Parties have no liability for these types of claims and you agree to indemnify the Indemnified Parties against any losses, damages, judgments, compensation, fees and charges, including legal and court fees and expenses.
You agree that Hydro-Québec, at its sole discretion and without notice, may cancel your current or future access to the Electric Circuit or the Sites or block your access to the Electric Circuit or the Sites if it determines that you have breached these Conditions of Use. You also agree that any breach of these Conditions of Use will cause irreparable harm to Hydro-Québec or AXSO in respect of which pecuniary damages would be inadequate, and that Hydro-Québec or AXSO may seek such injunctive or equitable relief as may be necessary or appropriate in the circumstances. These remedies are in addition to the other remedies available to Hydro-Québec and AXSO.
You agree that Hydro-Québec or AXSO may, at their sole discretion and without notice, cancel your access to the Electric Circuit or the Sites for a valid reason, including but not limited to: 1) a request from a law enforcement or other government agency; 2) your own request (account deletion by the account holder); 3) insufficient funds in your user account; 4) the discontinuance or material modification of the Sites or the services offered there; or 5) unexpected technical problems.
If Hydro-Québec or AXSO takes legal action against you as a result of a breach of these Conditions of Use, Hydro-Québec or AXSO has the right to demand that you reimburse the related fees and costs incurred, in addition to any other damages awarded by the court, and you agree to cover all of these costs. You agree that Hydro-Québec and AXSO shall not be held liable to you or to any third party for the cancellation of your access to the Electric Circuit or the Sites as a result of a breach of these Conditions of Use.
Void where prohibited by law
The information on the Sites is not provided for distribution to or use by any person or company in any jurisdiction or country in which such distribution or use would be contrary to law or regulation or which would subject Hydro-Québec or AXSO to registrations required in that jurisdiction or country. Hydro-Québec and AXSO make no representation that the material contained in the Sites is legal in all jurisdictions from which it may be accessed. If you access and use the Sites from a jurisdiction outside Canada, you are responsible for complying with applicable local laws.
Applicable laws
The Sites are made accessible, operated and controlled from the offices of Hydro-Québec and AXSO in the Province of Québec, Canada. They are accessible from different countries around the world. Regardless of conflict-of-law rules, the laws of the Province of Québec will apply to any matter arising from or relating to your access to or use of the Electric Circuit and the Sites. By accessing and using the Electric Circuit or the Sites, you submit and consent to the exclusive jurisdiction of the courts of the Province of Québec in respect of any dispute or cause of action (contractual or extra-contractual) arising out of or related to the Conditions of Use, the Privacy Policy and/or your access to or use of the Electric Circuit and the Sites.
Complaints, notices and contact information
At Hydro-Québec and AXSO, all allegations of infringement of intellectual property rights, defamation and violation of privacy are taken very seriously. If you believe that any information on the Sites infringes or has infringed any rights, including copyrights or trademarks, that belong to you or to a third party who has mandated you, please contact us at http://www.hydroquebec.com/contact-us/complaints-and-compensation.html.
Miscellaneous
If any of the provisions of these Conditions of Use or the Privacy Policy are found by a court of competent jurisdiction to be invalid or unenforceable, they will be limited or deleted only to the minimum extent necessary and replaced by valid provisions that better express the intent of these Conditions of Use and the Privacy Policy so that they remain fully enforceable. Each party hereto agrees that in accepting these Conditions of Use, it did not rely on any statement, representation, assurance or warranty other than what is expressly indicated in the Conditions of Use, and agrees that it shall have no rights or legal recourse on that basis except in the case of fraud or fraudulent misrepresentation. Any waiver of a provision of these Conditions of Use is valid only with a written document signed by Hydro-Québec. Failure of a party to assert a right hereunder is not considered a waiver of that right, which will remain in full force and effect. You may not transfer these Conditions of Use or the rights arising therefrom. Hydro-Québec and AXSO may, at their sole discretion, assign, in whole or in part, the Electric Circuit, including these Conditions of Use or any right arising therefrom to a third party, without prior notice to you.