These Terms of Use (the “Terms”) govern your relationship with EV METER Ltd. and its subsidiaries and affiliates (collectively “EV METER” or “we“) and set forth the terms and conditions under which EV METER makes available its website (the “Site”), and/or the services available through the Site, or otherwise provided by EV METER (collectively, the “Services”), to each person (the “User” or “you”) accessing or using the Site and/or the Services, including Customers (as defined below) and End-Users (as defined below), all as specified herein.
By using the Site and Services, you agree to be bound by these Terms as may be amended from time to time, including by the Privacy Notice. Please read these Terms carefully and visit this page regularly for updates and changes.
If you do not agree to be bound by these Terms, you should stop using the Site and discontinue use of the Services. As long as you do not cease using the Site and/or any of the Services, you will be conclusively deemed to have accepted these Terms.
EV METER Services
EV METER’S Services include services in the field of electric vehicles.
Through the Site, EV METER customers (the “Customer”) will also be able to enter the EV METER dashboard providing them with various management tools (the “EV METER Dashboard”) and use the Services provided by EV METER in accordance with their agreement with EV METER. For further information regarding the Services provided to Customers and the use of the EV Meter Dashboard, please refer to your agreement with EV METER or your contact person with us.
Through the Site, the Customer) will also be able to enter the Nayax dashboard providing them with various management tools (the “Nayax Dashboard”) and use the Services provided by Nayax in accordance with their agreement with EV METER. For further information regarding the Services provided to Customers and the use of the Nayax Dashboard, please refer to your agreement with EV METER or your contact person with us.
It should be clarified that Customers’ use of the EV Meter and Nayax Dashboards shall be governed by their affirmative agreement with EV METER and NAYAX, and in the case of any discrepancy between these Terms and such affirmative agreement, the affirmative agreement shall prevail.
EV METER Services may also be used by Customers’ clients and end-users, using the Customer’s platforms and/or machines (the “Machine”), including but not limited, for paying for the use of the Machines through NAYAX Services (the “End-User”). End-Users may contact NAYAX for further information regarding their use of the Services at support@EVMeter.com, as applicable for the Customer’s Machine. End-Users’ use of the Machines will be subject to Customer’s terms of use or parallel agreement between the End User and the Customer.
EV METER reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User’s access thereto, and to modify, suspend or terminate the Site or any part thereof, at its sole discretion. You will have no claim, complaint or demand against EV METER for applying such changes or for failures incidental to such changes. Without derogating from the above, in connection with Customers engaged with EV METER, any modification or disconnection of the Services shall be in accordance with the applicable agreement between the Customer and EV METER.
Please note that third party advertisements may appear on the Site from time to time. EV METER does not endorse these advertisements, nor do such advertisements represent any recommendation provided by EV METER.
Restricted Uses
In connection with your use of the Site and/or Services, and without limiting any other obligations under these Terms or applicable law, you shall not, and shall not permit others to:
Modify the Site and/or Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to disrupt the Site and/or Services, servers or networks connected to the Site or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the Site and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site or the Services;
Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the Site and/or Services;
Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Site, Services, technology or any software thereto;
Create a database by systematically downloading and storing all or any content from the Site or the Services;
Use the Site and/or Services for any illegal, immoral or unauthorized purpose, encourage criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
Use the Site and/or Services in a manner which infringes another person’s rights in any way, including privacy rights, any manner which is harassing, or otherwise offensive.
Use the Site and/or Services in a way that infringes or violates these Terms.
Warranty Disclaimers
Despite our efforts, the information contained in the Site, may not be accurate, comprehensive, complete, updated or applicable in all respects at all times. EV METER shall not be liable for any inaccuracies or omissions in the Site and/or Services and any decisions you make based on information contained in this Site are your sole responsibility, and made at your sole risk.
User acknowledges and understands that some of the Services require internet connection which may have different associated charges (such as mobile data expenses) and necessitate consumption of the mobile device battery. User shall have no claim or demand towards EV METER with regard to the aforesaid.
USER ACKNOWLEDGES AND AGREES THAT THE SITE AND THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” ARE USED ONLY AT USER’S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
EV METER disclaims all warranties, express or implied, of any kind, regarding the Site or the Services (including any content, information, software, and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to User to the fullest extent permitted by applicable law.
Limitations On Liability And Remedies
The User assumes full, exclusive and sole responsibility for the use of and reliance on the Services, and acknowledge that any use of or reliance on the Services is made entirely at the User’s own risk.
EV METER’s ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH EV METER IS TO DISCONTINUE YOUR USE OF THE SERVICES. EV METER AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE SITE AND/OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF EV METER HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EV METER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, EV METER WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES.
You hereby undertake to indemnify EV METER, its employees, officers, employees or anyone on its behalf, for any claim, demand, damage, loss, lost profit, payment or other expense, including legal fees, caused due to a breach of these Terms or applicable law.
Intellectual Property
Content and information provided on and through the Site and/or Services, including, without limitation, any of our logos, trademarks, graphics, designs, information, texts, images, data and other material displayed, available or present through the Services, are the copyrighted and/or trademarked work of EV METER and/or EV METER’S affiliates and/or licensors. Use of the Site and/or Services does not grant any rights and/or any license to intellectual property of EV METER and/or the Site and/or Services and/or third parties.
The name EV METER, including any logo or design thereof, copyrighted and/or trademarked work of EV METER. The name NAYAX, including any logo or design thereof, copyrighted and/or trademarked work of NAYAX
Miscellaneous
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
Assignment. EV METER may assign these Terms at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization
Choice of Law. The Site, Services and these Terms and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Israel. You agree that all such disputes shall be brought exclusively in the appropriate courts of Tel Aviv, Israel.
