eVehicle Technology (“EVT”), which includes www.evehicletechnology.com (“Website”) and its social media channels, is owned and operated by Technology Online Group Ltd (company registered no. 13329353) whose registered office is at 1010 Cambourne Business Park, Cambridge, CB23 6DP, UK. As an online publication, EVT welcomes all users, potential contributors, suppliers and industry experts to its website and social media channels. Throughout the following Terms and Conditions, where a reference is made to EVT, it is made on the basis that EVT is a brand and business owned and operated by Technology Online Group.
EVT aims to provide information for the industrial, automotive and technology communities worldwide and to provide information, news, products, events, articles and jobs for ideas, debate and learning and to facilitate interaction between all parts of these communities worldwide.
EVT hopes that Users find this Website and our social media channels relevant, commercially useful, personally useful, and engaging. It is of the upmost importance to EVT that copyright and other laws and principles of intellectual property are observed. EVT also hopes that any business conducted independently between parties as a result of introductions through EVT is conducted ethically and in compliance with the laws that apply to such parties in their respective jurisdictions.
EVT looks to Users to help keep standards high. If you see a contribution that you believe may breach or otherwise infringe the intellectual property rights or other rights of another person, or may be using the ideas of others without proper acknowledgement, please contact us at [email protected].
EVT is intended to be open by nature. Participants are likely to come from the millions who comprise the diverse worldwide automotive and technology community, including: industry experts, journalists, students and engaged individuals.
Given the platform’s open nature, EVT has been advised that it can only remain viable if all risk (except as specifically required by law) remains with Participants and other third parties. Therefore, EVT requires all Participants to accept the following terms and conditions, which govern access to and use of this Website (“Terms and Conditions”) as a precondition of their participation in and use of this Website. Use of this Website in any manner or capacity constitutes deemed, irrevocable acceptance of the Terms and Conditions.
As detailed above, the Website is owned and operated by Technology Online Group Ltd. (company registered no. 13329353) whose registered office address is at 1010 Cambourne Business Park, Cambridge, CB23 6DP, UK. Please send any enquiries to [email protected].
Becoming a Participant
Users shall become Participants automatically by their use of the Website or by any registration procedures shown on the Website, including acceptance of these Terms and Conditions.
Persons wishing to become Contributors are invited to submit material for consideration to be included as Content for the Website. To ensure the highest editorial standards, EVT may periodically request information from persons submitting material and reserves the absolute right to reject any submitted material.
Persons may be invited to become Freelance Contributors and EVT may request further information from applicants and reserves the absolute right to reject any applicant.
EVT reserves the right to modify these Terms and Conditions and advises Users to refer to them each time you use or access the Website in order to observe any amendments or updates.
These Terms and Conditions govern all Users’ and Participants’ use of the Website. If you are a Contributor, Expert or Supplier there will be additional terms and conditions in place, which govern that legal relationship with EVT.
TERMS AND CONDITIONS
1. NO LIABILITY REGARDING CONTENT & AUTHORSHIP
EVT expects to attract Content from a wide range of sources, and EVT has limited capability to thoroughly verify the accuracy or authorship of Content, and largely relies on the word of contributors. You acknowledge and agree that:
a. Content (including opinions, ideas, products, information, statistics and representations) is not, and should not be considered as, endorsed, warranted or guaranteed by EVT in any way, or relied upon as a substitute for professional advice. In respect of Content, EVT accepts no responsibility or liability in this respect.
b. Any representations regarding authorship of any work forming part of the Content must not be inferred as any endorsement by EVT:
- that the person named as author of any work is necessarily a true and complete representation of authorship of the relevant work;
- that the person named as author has the legal right to submit the work for inclusion on the Website without unlawfully infringing Intellectual Property or other rights of any other person; or
- that any work on the Website is necessarily the original work of the person named as author and EVT explicitly excludes all liability in respect of any breaches of the above.
c. Users accept that EVT may receive financial compensation to produce Content derived from information provided by Suppliers.
2. USING EXPERTS
eVehicle Technology expects the Website to periodically contain links to Experts or organisations who provide expert services or opinions and who may be available to provide various services to Users and accordingly:
a. EVT neither makes nor endorses any representations or claims regarding the experience, competence, qualifications or suitability of any Experts to meet the needs of a particular User.
b. EVT explicitly excludes all liability to Participants and Users in relation to any service provided by any Expert engaged following an introduction via the Website, including but not limited to:
- any liability to Users or Participants in respect of any wrong committed or alleged, whether arising under contract, tort, statutory duty or otherwise, by an Expert in the provision of any service to a User or Participant.
- Any liability to Experts in respect of any failure by any User or Participant to pay fees and/or disbursements for any services provided by Experts to Users or Participants.
3. NO LIABILITY REGARDING EQUIPMENT RELATED CONTENT
EVT works with Suppliers and third parties to provide product listings and reviews across a wide range of technology and medical disciplines, consequently:
a. EVT neither makes nor endorses any representations, warranties or claims related to quality, reliability, certifications or suitability of any product listed on the Website to meet the needs of a particular User or Participant.
b. EVT expressly excludes all liability to Participants or Users in relation to any product provided by any Supplier engaged following an introduction via the Website, including but not limited to:
- any liability to Users or Participants in respect of any wrong committed or alleged, whether arising under contract, tort, statutory duty or otherwise, by a Supplier in the provision of any service to a User or Participant; and
- any liability to Suppliers in respect of any failure by any User or Participant to pay fees and/or disbursements for any products provided by Suppliers to Users or Participants.
4. POLICIES RELATING TO ADVERTISING, SPONSORED CONTENT, NO LIABILITY FOR LINKS, ADVERTISERS, STRATEGIC PARTNERS OR COMMENTS
a. The Website may, periodically, have links to other sites (including links to sites operated by EVT’s suppliers, collaborators and clients). EVT has no control over the content on any such sites and for that reason EVT makes no warranties or representations either express or implied, concerning such content, including the accuracy, comprehensiveness, reliability or suitability for any particular purpose. EVT also does not warrant or represent that such sites or content are free from any breaches of Intellectual Property or other infringements of the rights of third parties or that such sites or content are devoid of viruses or other contamination.
b. The Website may contain advertising and sponsorship. Advertising and sponsorship help settle the costs of operating the Website and providing all information in an open access format and is therefore a much-welcomed contributor to the Website’s ongoing viability. Despite the use of advertising in various forms on EVT’s websites, editorial policies are truly independent and are not subject to control by any external third parties or by any commercial advertising associations. Advertisers and sponsors must ensure all advertising and other submitted material complies with relevant laws, including intellectual property laws. EVT excludes to the extent permitted by law any liability to Participants, Users and third parties for any error or inaccuracy appearing in any advertising or sponsorship material, or for any breach in tort, contract or statutory duty (including duties imposed under copyright and other intellectual property laws) in relation to such material.
c. Display Advertising: EVT receives payment for display advertisements. These are subject to strict guidelines and we will reject (in our absolute discretion) any advertising that we believe does not assist or add value to our community of users.
d. Sponsored Content Polices: Some content on EVT’s sites is obtained from sources where we have existing commercial relationships. Such articles are clearly labelled to the supplier providing the content and are only accepted when the Content is deemed to add value to the core editorial ethos of EVT and its sites, which is to educate and inform site visitors interested in industry, design, medical, healthcare and technology.
e. In addition to sponsored articles, EVT also provides a supplier listings directory. All items are linked to supplier profiles.
5. NO LIABILITY FOR ANY DISRUPTIONS TO YOUR SYSTEM
While EVT expects to maintain its IT infrastructure to the highest standards, to the extent permitted by law, it cannot accept legal responsibility to Users, Participants, Contributors or otherwise for any act or omission (including viruses and harmful pieces of software) that inadvertently results in any damage, interference or other problems with any system, data or personal data. If you have concerns regarding this, EVT would appreciate appropriate advice from Participants, Users and otherwise.
6. NO LIABILITY FOR INTERRUPTIONS OF SERVICE DUE TO MAINTENANCE, UPGRADES, ETC
EVT shall not be liable for any disruptions to the Website for any reason, including but not limited to disruptions caused by any third-party service provider and any Website downtime for any reason, including but not limited to repairs, maintenance, Website design changes, or the implementation of any changes to the Content.
7. FURTHER ON EXCLUSION OF DAMAGES
To the extent permitted by law the exclusion of liability under these Terms and Conditions extends to exclude EVT and Related Parties from all liability, including but not limited to special, incidental, consequential, or indirect damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, all other commercial damages or loss, or exemplary or punitive damages relating to the Website, even if EVT had been advised of the possibility of this.
a. In respect of their relevant participation in the Website, each Participant (and if more than one in respect of participation, jointly and severally) indemnifies and holds EVT and its Related Parties harmless from and against all claims, liabilities, and costs, including reasonable legal fees, incurred by EVT and/or its Related Parties arising from any third party claim resulting directly or indirectly from the Participant’s participation in the Website. Such indemnity includes but is not restricted by claims in respect of the infringement of intellectual property rights.
b. The relevant Participant shall indemnify EVT and/or any relevant Related Party for all costs reasonably incurred by it/them in any such proceeding in which it is a party.
9. EXCLUSION OF WARRANTIES
Participants acknowledge and agree as follows:
a. Your participation in the Website is at your own risk. The Website and any associated service or advice provided (“Services”) are provided on an “as is” and “as available” basis. To the extent permissible by law, EVT expressly disclaims all warranties, representations and guarantees of any kind, whether express or implied, including, but not limited to any statutorily implied warranties of merchantability, fitness for a particular purpose and non-infringement.
b. To the extent permitted by law, in respect of the Website and any Services, whether supplied by or on behalf of EVT or by a third party including any Expert, Supplier or advertiser, EVT makes no warranty or representation that:
- the Services will meet your requirements;
- the Services will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the Service will be accurate or reliable; or
- the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations.
c. To the extent this term applies, if any warranties, representations or guarantees are made applicable in respect of the Terms and Conditions by statute and that statute prohibits provisions in a contract excluding or modifying the application of these warranties, representations or guarantees (“Non excludable Guarantees”). Then any such Non-Excludable Guarantee applies in respect of the Terms and Conditions despite anything else in the Terms and Conditions. However, EVT and its Related Parties’ liability for any breach of Non-Excludable Guarantee is restricted at the option of EVT if permitted by law to the repair or replacement of the good or resupply of the service or to the cost of repair, replacement or resupply and otherwise to the fullest extent possible.
10. SPECIFIC DISCLAIMER RELATING TO IMAGE RIGHTS
a. EVT uses imagery under license from Thinkstock.com, Shutterstock.com and Photos.com as well as other sources under applicable creative commons licenses, which may not be a totally accurate representation of medical conditions, procedures or related activities.
eVehicle Technology hereby discloses that a commission, advertising or listing fee may be payable by Suppliers, service providers or Experts to EVT for incorporating related Content on the Website and for any business placed with them as a result of an introduction of a client through the Website.
12. USE OF WEBSITE
In any capacity as a Participant, whether as a User (individual or corporate), advertiser, agent of an advertiser, Expert or Contributor, you agree to not participate in the Website (including but not limited to submission of Content and entering any arrangement for provision of service between User and Expert) as follows:
a. to engage in any activity that is unlawful, harmful or threatening (including to minors), wrongful, invasive of another’s privacy, or otherwise objectionable;
b. to misrepresent information about yourself, including your identity (whether by giving a fictitious name or the name of another person), contact details, qualifications, affiliation with any entity etc;
c. to misrepresent yourself as the owner or authorised licensee of intellectual property in any work or thing, or as the author of any work;
d. to transmit or otherwise deal with any Content that infringes the intellectual property of any person, including EVT;
e. to transmit any material that contains software viruses, malware, ransomware or other material that may limit the functionality of any software, hardware or other equipment;
f. to do anything which may impair the functionality of the Website;
g. to do anything, which may in the sole opinion of EVT, lead to a breach of the best practice guidelines of major search engines and/or behave in any manner which may artificially inflate visitors to the site or clicks on any advertisements;
h. to breach any relevant law in the jurisdiction where you operate;
i. to breach any part of these Terms and Conditions, including any directions forming part of the Website; or
j. to do anything which in the sole opinion of EVT damages or could potentially damage the reputation and standing in the community of EVT and any Related Parties.
Without limiting available legal remedies, EVT reserves the right to deny access to any, and all of their systems, databases and websites at its absolute discretion and/or cancel the participation of any person, corporate entity, advertiser or advertising agent who engages in any of the above activities. On such cancellation, EVT may take any necessary action, including cancellation of any password and the removal of any Content or advertising materials provided by them.
13. RIGHT TO MODIFY THE SERVICE
Without notice and without accepting liability to you in this regard:
a. EVT may modify or discontinue the Website (or any part), including any associated service (whether temporarily or permanently); and
b. EVT may amend these Terms and Conditions, except in relation to privacy and security affecting pre-existing Participants, where such changes are damaging to those to whom an existing duty of privacy and security are owed.
14. PROPERTY RIGHTS OF EVT AND OTHERS
a. You acknowledge and agree that the Website contains material that is the Intellectual Property of EVT and others. Without limitation, Intellectual Property rights may subsist in parts of the Content, in software, domain names and trademarks of EVT and any advertisers, Suppliers, Experts, Content providers and strategic partners.
b. Unless authorised by the legitimate owner or licensee of the relevant intellectual property, you agree:
- not to do any act in breach of the any applicable Intellectual Property laws, including without limitation, copy, distribute, or create derivative works based on the relevant material; and
- to fully indemnify EVT and any Related Party for any loss damage or cost incurred in relation to such breach caused by you.
15. ANY DIRECTIONS FORM PART OF THESE TERMS AND CONDITIONS
The Website may, from time to time, contain directions regarding its use, which also may be modified from time to time. Any such directions are deemed to form part of these Terms and Conditions and any breach thereof shall be considered a breach of these Terms and Conditions.
No remedy conferred by any of the provisions of these Terms and Conditions is intended to be exclusive of any other remedy which is otherwise available at law, in equity, by statute or otherwise. The election of any one or more of such remedies by either party hereto shall not constitute a waiver by such party of the right to pursue any other available remedy.
Any provision in these Terms and Conditions which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of these Terms and Conditions or affecting the validity or enforceability of that provision in any other jurisdiction.
18. SURVIVAL OF RIGHTS, DUTIES AND OBLIGATION
a. Termination of these Terms and Conditions or cessation of participation in the Website by a Participant or Usershall not release a party from any liability which at the time of termination has already accrued to the other party or which thereafter may accrue in respect of any act or omission prior to such termination.
b. Each indemnity in these Terms and Conditions is a continuing obligation, separate and independent from the other indemnities and survives termination of these Terms and Conditions or ending of participation or use by a Participant or User (as applicable).
19. ENTIRE AGREEMENT
a. These Terms and Conditions embody the entire understanding and agreement between the parties as to the subject matter of these Terms and Conditions.
b. No oral explanation or information provided by either party or its officer, employee, agent or adviser to the other:
- affects the meaning or interpretation of these Terms and Conditions; or
- constitutes any agreement, warranty, representation or understanding between the parties contrary to these Terms and Conditions.
c. No waiver of any of the provisions of these Terms and Conditions by a party shall be effective unless made in writing, addressed to the other party and signed by the party making the waiver.
20. MUTUAL AGREEMENT
The parties recognize that it is impracticable to make provision for every contingency that may arise in the course of performance of the provisions of these Terms and Conditions and accordingly declare their intention that these Terms and Conditions shall operate among them with fairness and covenant and agree with each other that they shall act reasonably at all times in carrying out their respective obligations and use all reasonable endeavours to ensure that full effect be given to these Terms and Conditions in the spirit in which they are intended.
These Terms and Conditions shall be binding on the parties hereto and their respective successors and assignees.
22. NO PARTNERSHIP
Unless otherwise expressly agreed in writing, nothing in these Terms and Conditions or in your participation in the Website in any capacity shall imply any relationship between EVT and you other than that of service provider (within the accepted parameters of these Terms and Conditions) and customer. No relationship of agency, partnership, joint venture, employment, or franchise shall be implied or construed.
Any notice to you or to EVT shall be made by either e-mail or regular mail as such address as is notified by either party to the other from time to time.
24. FURTHER ASSURANCE
Each party shall promptly execute all documents and do all things that the other party from time to time reasonably requires of it to give full effect to the provisions of these Terms and Conditions and any transaction contemplated by the same.
25. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of England. The parties irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute, which may arise out of or in connection with these Terms and Conditions.
a. ‘Content’ means all content of the Website, including articles published on the Website, but excludes any content on any other website not owned and operated by EVT to which a hyperlink may be provided on the Website.
b. ‘Contributor’ means any person or User who submits material for inclusion as Content on the Website, whether the author or otherwise of that material.
c. ‘Expert’ means any person contactable through the Website for the provision of advisory and related services to Users, Contributors. Editors and may also act in the capacity of “Experts”.
d. ‘Intellectual Property’ means all intellectual property rights, whether registered or unregistered anywhere in the world, including:
- patents, copyright, rights in circuit layouts, registered designs, trademarks and the right to have confidential information kept confidential; and
- any application or right to apply for registration of any of those rights.
e. ‘Participant’ means a Contributor, Expert or User, and includes a person who may take part in the Website in more than one of these capacities.
f. ‘Related Parties’ means in respect of EVT, Technology Online Group Ltd (for the avoidance of doubt) and any other group company from time to time (within the meaning determinable under the Companies Act 2006), its successors and assigns, its subsidiaries, affiliates, officers, agents, co-branders or other strategic partners, contractors and employees, and the successors and assignees of any of them.
g. ‘Supplier’ means suppliers of related goods and services.
h. ‘User’ means any member of the public who registers with EVT to access Content and to generally operate the website in the capacity of a user.
i. ‘Website’ means evehicletechnology.com.
j. Reference to a person includes a corporation.
k. Reference to the singular includes reference to the plural and vice versa.
l. Reference to any one gender includes reference to all genders.
m. Headings are for convenience only and shall not affect the interpretation of these Terms and Conditions.
27. ACKNOWLEDGE YOU ARE OVER 18 OR, IF NOT, HAVE PARENTAL CONSENT
You acknowledge that as a Participant either:
a. you are 18 years of age or over, or
b. you are under 18 years of age but have the permission of a parent, guardian or other person with parental responsibility for you to use this Website.
Version May 2022