In the Terms, the following terms have the meanings set out below:
Analytical Tools: means the software tool that can analyse the Charging Data to provide values and reports on the operations of the Vehicles and charging infrastructure;
Battery: means the batteries which are incorporated as part of the Vehicles;
Charging Data: the data relating to battery charging and discharging in relation to the Vehicles;
Charging Service Level Agreement: means the agreement between Zenobe and you relating to supply of charging services;
Reports: the reports generated by you/us by accessing and analyzing the Charging Data;
Software Services: the supply of the Monitoring Portal, Charging Data and Analytical Tools as a service by Zenobe;
Vehicles: means the vehicles referred to as the Electric Vehicles in the Charging Service Level Agreement .
1. ABOUT THE MONITORING PORTAL
2. DATA OWNERSHIP
3. LICENCE TO USE THE MONITORING PORTAL
4. USE OF THE MONITORING PORTAL
5. LIMITATION OF LIABLITY
(i) arising under or in connection with these Terms;
(ii) in respect of any use made by you of the Software Services, the Monitoring Portal, the Charging Data, the Analytical Tools, the Reports or any part of them; and
(iii) in respect of any representation, misrepresentation (whether innocent or negligent), statement or tortious act or omission (including negligence) arising under or in connection with these Terms.
(i) You assume sole responsibility for Reports and results obtained from the use of the Charging Data and Analytical Tool and the Software Services and for conclusions drawn from such use.
(ii) Zenobē shall have no liability for any damage caused by errors or omissions in any information or instructions provided to Zenobē by you in connection with the Software Services or any actions taken by Zenobē at your direction;
(iii) all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from these Terms;
(iv) Zenobē shall not be liable for any liability caused by third party service providers;
(v) Zenobē shall not be liable for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss costs, damages, charges or expenses however arising under these Terms, whether or not such damages were reasonably foreseeable or actually foreseen.
6. TERM AND TERMINATION
(i) the other party fails to perform its obligations under these Terms and remains in default 30 days after being notified in writing of the failure;
(ii) the other party suspends its payments, becomes bankrupt or insolvent or enters into liquidation or otherwise can be regarded as insolvent.
7. FORCE MAJEURE
Each party shall be excused from performing any obligation under these Terms to the extent that and for so long as such performance is prevented or delayed by any other cause beyond its reasonable control such as, but not limited to, riots; an industrial dispute; floods; war; warlike hostilities; fires; embargo; shortage of labour, power, fuel, means of transportation, pestilence (including the Coronaviris – COVID-19) or common lack of other necessities. In such event, the affected party shall promptly notify the other party who may extend the time for performance of such obligation by a reasonable period.
Zenobē may need to alter the Terms or the terms of any policy that these Terms refer to. If Zenobē wishes to make such an alteration, it will give notice of the alteration to you.
9. GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of England and the parties agree that any dispute or claim relating to it shall be settled by the courts of England.
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Pete leads Zenobē’s growing team of Product specialists across all areas of the business. His team oversee our R&D as well as product development in both hardware and software.
He has been working in the European E-Mobility sector from over ten years, specialising in the design, build and delivery of software systems for EV Charging.