By using any of the Services and the Website, You expressly agree to
be bound by these terms and all applicable laws and regulations
governing the Website and the Services. The terms form a legally
binding agreement between you and www.voolt.com" in relation to your
use of the Website and/ or the Services and apply to all users of the
Services, whether registered or not, on the Website.
As used in this Agreement, “www.voolt.com,” "we," "us," and "our"
shall mean Voolt and its subsidiaries and affiliates. By accessing or
using the services available through our Website (the "Services"), you
agree to be bound by these Terms of Service and our Privacy Policy
currently found at and incorporated herein by reference. These Terms
do not alter in any way the terms or conditions of any other agreement
you may have with Voolt for products, services, or otherwise. If you
are using the Services on behalf of any entity, you represent that you
are authorized to do so.
We may, at our sole discretion, modify or revise these Terms of
Service and policies at any time by giving notice on our Website
and/or through the Services, and you agree to be bound by such
modifications or revisions. Although Voolt may attempt to notify you
when major changes are made to these Terms of Service, you should
periodically click on our Terms of Service to review any updates. All
changes shall be effective immediately when we post them and shall
apply to all access to and use of our Website thereafter. Nothing in
these Terms of Service shall be deemed to confer any third-party
rights or benefits hereunder.
Voolt may review and delete any User Content that, in its sole
judgment, violates these Terms of Service, applicable law, rule, or
regulation, is offensive or illegal, or violates the rights of, harms,
or threatens the safety of Users of Voolt. The Company reserves the
right to expel Users and prevent their further access to Voolt for
violating the Terms of Service or applicable law, rule, or regulation
and the right to remove User Content which is in violation of the
Terms of Service, abusive, illegal, or disruptive.
Ad Credits mean credits that
can be purchased in advance to be utilized for the payment of the ads
to Google, Meta, and any other ad platform that Voolt may use to
advertise for the User.
Policies mean advertising
criteria or specifications made conspicuously available, including
content limitations, technical specifications, privacy policies,
policies of google, user experience policies, policies regarding
consistency with Parties’ public image, and community standards
regarding obscenity or indecency (taking into consideration the
portion(s) of the Site on which the Ads are to appear), other
editorial or advertising policies.
Site or Sites means
www.voolt.com
Pay Service means certain of
the Services made available on a Voolt platform on a payment-of-fee
basis.
User means a company or person
who completes Voolt’s account registration process.
Premium User means a company
or person who subscribes to Voolt's premium plan, after the
registration process.
Voolt Marketing User means a
company or a person who starts an ad account with Voolt, being a
Premium User or not.
Representative means an entity
and its affiliate(s), any director, officer, employee, consultant,
contractor, agent, and attorney associated with the Company.
Commencement Date means the
date on which this Agreement takes effect, as expressly stated in the
media plan report.
Collective Content means User
Content and Voolt Content.
Content means report text,
graphics, images, music, software, audio, video, information or other
materials.
Voolt Content means all
Content that Voolt makes available through the Website, Application,
Services, or its related promotional campaigns and official social
media channels, including any Content licensed from a third party but
excluding User Content.
The Website is a Software-as-a-service platform on which users can 1)
Create and host a website, 2) Customize the Domain name by subscribing
to a new one, or point domains from other sources, and 3) Create and
manage ad campaigns.
By creating one account and starting to use the services, the User
authorizes Voolt to use automated tools to create the websites, and
landing pages, format Ads, and publish them on Google Adwords, Meta
Ads, or any type of ad platform on their behalf. The Voolt and its
affiliates may make available to the User certain optional Program
features to assist the User with the selection of keywords and
generation of Targets. However, the User shall solely be responsible
for the Target audience and reach of the Ads. User is provided certain
tools with the help of which they can track the performance of their
Ads.
The Voolt or Partners may reject or remove a specific website, Ad or
Target at any time if it’s in conflict with our or Google’s and Meta's
Terms of Service. The Voolt and its affiliates reserve the right to
modify or cancel Programs at any time. The User acknowledges that The
Voolt or its affiliates may participate in Program auctions in support
of its own services and products.
1. Voolt Website Builder
Creating a website with Voolt is free of charge, any User can create a
single website and it will remain active for 14 days (also called a
14-day free trial), after the free trial the website will be
deactivated. You can reactivate your website at any time by
subscribing to the Premium plan.
2. Voolt Premium Subscription
If you decide to subscribe to Premium Services, you will pay a monthly
fee of $14. Voolt can offer discounts for an annual or semi-annual
plan by its own decision. With a subscription, as Premium Users you
will receive the following benefits: a) Automated SEO (Search Engine
Optimization) for the Website, b) Indexation on Google and other
search engines, c) the possibility to customize the Domain Name by
subscribing to a new one or point the existing domain from other
providers and, d) Access to Voolt Marketing for Ads. Voolt can add or
remove benefits at any time, by its own decision and without the need
for written communication.
Premium Subscriptions cannot be refunded. If you decide to cancel the
Subscription, the access will be granted until the last day of the
payment cycle, whether it's monthly, annual, or semi-annual.
3. Domain Registrations
When creating the website with Voolt, you will be granted a domain
ending with ".voolt.com" (i.e. mybusiness.voolt.com), and Premium
Users have the opportunity to customize the Domain name: a) by
purchasing a new one or, b) pointing an existing Domain for other
providers.
a) If you decide to purchase a new one with Voolt, the amount
described on your dashboard will be paid to Voolt, and we will make
the purchase with the domain provider.
The payment is a yearly subscription, and to maintain the domain
active, you agree to be charged once a year on the renewal date. You
also agree that Voolt will share your personal information, such as
your full name, billing address, and payment method, with third-party
apps.
b) When pointing an existing Domain to a Voolt Website, you may need
to make changes to the Domain settings to allow access.
4. Voolt Marketing for Ads.
A website with Voolt is not required to use Voolt Marketing Services.
Premium and new users can create and manage ads on Voolt Dashboard.
You will select an Advertising Initial Budget and Top-Up the account
with the selected balance (or Ad Credits). The Initial Budget is not
static and can vary depending on the Service you want to advertise and
the average Cost Per Click of this service. Voolt may change the price
range based on its own criteria.
You can Top-Up your Ad Credits in two ways i.e. “Manual Top-Up” and
“Auto Top-Up”.
Manual Top-Up: You may choose to Top-Up your Ad Credits manually at
your convenience however, the minimum amount to be deposited may vary
depending service you choose to advertise.
Auto Top-Up: If you select the Auto Top-Up option then the same amount
as the previous payment shall be topped up in Ad Credits account when
the Ad Credits is lower than $50.
Pay Services are offered by Voolt on a prepaid usage basis.
Advertising credits (“Ad Credits”) may be purchased and used to run
advertisements on Google Search, Google Search Partner Websites, Meta
Ads, and other Meta Ads Partners.
Voolt charges a fixed Service Fee for the allocation of Ad credits.
The allocation of Ad Credits may be subject to change without notice.
Ad Credit costs, including cost-per-click reporting and more, are
reflected through the per-click prices determined by Google and Meta.
Ad Credits are subject to the Terms of Service of Google and Meta.
With Voolt Marketing, Voolt is not responsible for the information
provided by the person interested in your services. Voolt will create
and run ads for the audience selected by you during the creation of
the campaigns and Voolt doesn't have control over the information that
the potential customers submit, including phone numbers and email
addresses.
Ad Credits can be refunded however, a 30% administration fee shall be
applicable to the refunded Ad Credits. If you cancel your recurring Ad
Credit Service, your Ad Credits on file will remain in your account
for one month; thereafter, these shall be forfeited next month.
Adjustments, reinstatements or refunds relating to the positioning or
placement of any Ad are at our sole discretion.
Charges are solely based on The Voolt’s measurements for the Programs
and the applicable billing metrics e.g., clicks or impressions. The
Voolt is not obligated to deliver any Ads in excess of any credit
limit. Voolt shall not be liable in the event, it does not deliver Ads
to the selected Targets.
Please note that we shall pause the Service in the event your Ad
Credit balance goes to zero or if there are not enough Ad credits in
your account to pay for the next click. You are required to add double
the amount of Ad credits you intend to utilize for the continuation of
the Service. You may terminate the Service anytime; however, please
keep in mind that you shall lose access to the Service with immediate
effect, including but not limited to the landing page provided to you
by Voolt.
YOU UNDERSTAND AND ACKNOWLEDGE THAT ALL FEES MUST BE PAID IN ADVANCE
AND THAT YOUR SERVICES MAY BE PAUSED OR TERMINATED IF TIMELY PAYMENT
IS NOT RECEIVED OR IF A PAST PAYMENT HAS BEEN DISPUTED.
You agree to pay all the fees applicable for such Pay Service you
incur through your Pay Service Account, including any fees associated
with the use of such Pay Service, together with all applicable taxes
(the “Fees”). Unless otherwise indicated on the relevant Pay Service
description page, the Fees for Ad Credits purchased through your Pay
Service Account are chargeable immediately to the credit card you
designated for the particular Pay Service Account or through such
other billing process as applicable. All Fees are non-refundable.
Voolt reserves the right to change the amount of, or basis for
determining, any Fees for a Pay Service and to institute new Fees or
terms at any time effective upon notice to you, which notice may for
certainty include the posting of any such changes on the relevant
pages related to the use of the Pay Service.
By registering for a Pay Service, you warrant that: (a) you are of the
age of majority in the jurisdiction in which you reside, (b) all
information you submit is true and correct (including without
limitation all credit card information), and (c) you are the
cardholder of the credit card you designated for your Pay Service
Account. In consideration of the availability, and your use, of a Pay
Service, you acknowledge and agree: (a) to these Terms of Service,
including without limitation the disclaimers, limitation of liability,
and provisions related to prohibited conduct set out herein as well as
any Terms of Service which may be set out in the relevant Pay Service
Description, (b) that you are solely responsible for all acts or
omissions that occur through your Pay Service Account, and (c) that
Voolt reserves the right to suspend or terminate your Pay Service
Account and your use of a Pay Service at any time, including without
limitation, where Voolt has determined, in its sole discretion, that
your use of the Pay Service is, or was, in breach of these Terms of
Service. Any such termination by Voolt shall be in addition to and
without prejudice to such rights and remedies as may be available to
Voolt, including injunction and other equitable remedies. Your ability
to use the Pay Service is also subject to any limits established by
Voolt or by your credit card issuer. If Fees cannot be charged to your
credit card or your charge is returned for any reason, including
chargeback, Voolt reserves the right to either suspend or terminate
your Pay Service Account and your access to the Pay Service.
In addition to making all required payments and complying with the
terms of this Agreement, User shall (a) cooperate with Voolt and its
partners in all matters relating to the Services; (b) respond promptly
to questions and any reasonable request to provide direction,
information, approvals, authorizations or decisions that are
reasonably necessary for Voolt and its partners to perform the
Services in accordance with the requirements of this Terms of Service;
and (c) provide such materials and/or information as Voolt and its
partners may reasonably request in connection with the Services,
including any User Material. Voolt is not responsible or liable for
any delay or failure of performance caused in whole or in part by
User’s delay in performing, or failure to perform, any of its
obligations under this Agreement. Voolt cannot guarantee that any
Voolt Material, including any Ads, shall “go live” or be completed by
any set timeline. We will, however, strive to minimize our response
times to Users wherever possible.
To access and use certain features of the Services, you are required
to register for an account. By creating an account, you agree to (i)
provide accurate, current, and complete account information; (ii)
maintain the security of your password, not share your password with
any other person, and accept all risks of unauthorized access to your
account; and (iii) promptly provide notice support@voolt.com if you
discover or otherwise suspect any security breaches related to the
Services.
You acknowledge and agree that you are responsible and shall bear all
risks associated with the use of any Content and that under no
circumstances will Voolt be liable in any way for the Content or for
any loss or damage of any kind incurred as a result of using our
Service. ANY CONTENT POSTED ON THE LANDING PAGE CREATED FOR THE USER
BY VOOLT SHALL BE THE RESPONSIBILITY OF THE USER. VOOLT IS NOT LIABLE
FOR TYPOGRAPHICAL ERRORS OR RELIABILITY AND ACCURACY OF THE CONTENT.
In order to avail of our Marketing Services, you have to upload some
content to our Website and servers. You acknowledge and agree not to
upload, post, transmit, publish, or distribute any material or
information that is unlawful or that may potentially be perceived as
being harmful, threatening, libelous, ethnically, or otherwise
objectionable. You acknowledge and agree that you are solely
responsible for your own Content posted on, transmitted through, or
linked from the Service and the consequences of posting, transmitting,
linking, or publishing it. More specifically, you are solely
responsible for all Content that you upload or otherwise make
available via the Service. In connection with such Content posted on,
transmitted through, or linked from the Service by you, you affirm,
acknowledge, represent, warrant, and covenant that: (i) you own or
have the necessary licenses, rights, consents, and permissions to use
such Content on the Service and Website.
By posting any Content on the Website, you hereby grant the Company a
perpetual, worldwide, irrevocable, unrestricted, non-exclusive,
royalty-free license to use, copy, license, sublicense, adapt,
distribute, display, publicly perform, reproduce, transmit, modify,
and edit any such Content which you may provide to be used and shared
on Google platform on your behave. By submitting Content, you
represent to the Company that such Content is original, you are its
rightful owner or that you have first obtained permission from the
rightful owner to submit it, and that you have the authority to assign
and license to the Company all rights, title, and interest as set
forth herein in and to such Content. You acknowledge that the Company
has relied upon this representation. Accordingly, you further agree to
defend, hold harmless, and indemnify the Company from and against any
and all claims of alleged or actual infringements of any intellectual
property rights, proprietary rights, rights of privacy and publicity,
moral rights, and rights of attribution raised by third parties
against the Company in connection with such Content.
You agree to release Voolt, its parents, partners, contractors, and
affiliates, together with their respective employees, agents,
officers, directors, and shareholders, from any and all liability and
obligations whatsoever in connection with or arising from your use of
our Services. If at any time you are not happy with the Websites or
the Services or object to any Content, your sole remedy is to cease
using them.
When you send an email or chat electronically with Voolt, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
email. You agree that all agreements, notices, disclosures and other
communications that Voolt provides to you electronically satisfy legal
requirements that such communications be in writing.
By registering for a Voolt account, you agree to receive transactional
communications necessary for the regular functioning of our services,
including but not limited to account verification, billing
confirmations, and technical notices.
If you opt-in during registration or later through your account
settings, you also consent to receive marketing communications such as
product updates, promotional offers, and educational materials. You
can withdraw your consent and unsubscribe from such emails at any time
by clicking the unsubscribe link at the bottom of such communications
or by managing your preferences in your account settings.
Generally, a User Account will be considered active until we receive a user request to deactivate or delete it. We do not guarantee that the Website or any content contained on the Website will always be available or be uninterrupted. We reserve the right to limit, suspend, terminate, modify, or delete the User Account we provide to you or your access to our Services or portions thereof (including any Content you or other users submit) for any reason, with or without notice and at any time, including, without limitation, if you are, or we suspect that you are, improperly using the Services, violating any applicable laws or failing to comply with this Terms of Service. We also reserve the right to stop offering and/or supporting the Services or any part of the Services at any time, either permanently or temporarily, for any reason, with or without notice to you, at which point your use of the Services or any part thereof will be automatically terminated or suspended.
Except as otherwise agreed upon, we hereby grant you a limited,
nonexclusive, non-sublicensable license to access and use the Platform
which is conditioned with the compliance with these Terms. You will
not use, copy, adapt, modify, decompile, reverse engineer,
disassemble, decrypt, attempt to derive the source code, prepare
derivative works based upon, distribute, license, sell, rent,
transfer, publicly display, publicly perform, transmit, stream,
broadcast or otherwise exploit the Platform and Content, except as
expressly permitted by Voolt or as permitted under applicable law. Any
unauthorized use of the Services is strictly prohibited and will
terminate the license granted in these Terms. No licenses or rights
are granted to you by implication or otherwise, except for the
licenses and rights expressly granted to you.
Voolt will not be liable on account of any inaccuracy of information
on this Website. It is the responsibility of the visitor to further
research the information on the Website. The User undertakes not to
duplicate, download, publish, modify and distribute the material on
Voolt unless specifically authorized by Voolt in this regard.
The Service and Content available through the Website may integrate
with other third-party service providers such as third-party payment
processor Services, e.g. Stripe. If you link to Third Party Websites,
you may be subjected to those Third-Party Websites' Terms of Service
and other policies. Voolt makes no representation or guarantee as to
the accuracy or authenticity of the information contained in any such
Third-Party Website; data protection and your linking to any other
Website is completely at your own risk, and Voolt disclaims all
liability thereto.
Any and all content and services (including advertising) within Voolt
that are not owned by Voolt are "third-party content and services."
Voolt acts merely as an intermediary user and accepts no
responsibility or liability for third-party content and services. In
addition, and without limiting the generality of the foregoing, Voolt
may include links to Websites operated by third parties, including
advertisers and other content providers. Those Websites may collect
data or solicit personal information from you. Voolt does not control
such Websites and is not responsible for their Content, policies, or
collection, use, or disclosure of any information; those Websites may
collect
This Website and all Content forming part of the Website, including,
without limitation, all photographs, ideas, images, designs,
information, interfaces, text, graphics, brand names, logos and
trademarks, are protected by copyright, trademark and other
intellectual property laws of Canada.
You acknowledge and agree that Voolt owns, controls or is licensed all
legal rights, titles, and interests in and related to the Website,
including all intellectual property rights. You may not:
If you believe that anything on or available through the Services infringes upon any copyright that you own or control, you may contact us at support@voolt.com
We respect your right to ownership of Content created or stored by you. You own the Content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Voolt the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored landing page or in Ad’s account for Voolt’s commercial, marketing or any similar purpose. But you grant Voolt permission to access, copy, distribute, store, transmit, and reformat the Content of your user account solely as required for the purpose of providing the Services to you.
The User agrees and undertake to indemnify and to hold harmless Voolt and other parties determined by Voolt, Voolt affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives from and against any data loss, financial losses, damages, liability, claims, costs, penalty and expenses (including, without limitation, reasonable attorneys’ fees) incurred by reason of (i) any breach or alleged breach by the User of the User’s obligations, responsibilities, representations, or warranties under the Subscription Agreement and/or User T&C; (ii) any infringement or unauthorized use of intellectual property rights of Voolt including but not limited to infringement of intellectual property rights of Voolt in the Website (iii) any breach of the confidentiality obligations of the User under this Agreement or User T&C; (iv) any violation of Voolt policies by the User; (v) any harm to the reputation and goodwill of Voolt directly attributable to the User; and (vi) damage, unauthorized use or loss of the Website.
The information presented on or through the Website is made available solely for general/ recommendation purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk and responsibility. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website or by anyone who may be informed of any of its contents.
IN NO EVENT SHALL VOOLT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING LOSS OR DAMAGE TO CONTENT), IN EACH CASE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VOOLT. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT VOOLT. SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW, THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE CONTROLLED AND OFFERED BY VOOLT. FROM ITS FACILITIES IN CANADA. VOOLT. MAKES NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SERVICES FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS
OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS
CONTENT AND ANY SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON
ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH
RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY
OR AVAILABILITY OF THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU FOR ANY
LOSS SUFFERED IN RELATION TO YOUR USE OR INABILITY TO USE THE WEBSITE
WITHOUT LIMITING THE FOREGOING; NEITHER THE COMPANY NOR ANYONE
ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE,
ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL
BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL
BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR
ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET
YOUR NEEDS OR EXPECTATIONS. WE MAKE EVERY EFFORT TO VERIFY STATEMENTS
AND INFORMATION SUBMITTED BY THE THIRD PARTIES AND OUR MEMBERS, THE
INFORMATION COMPILED BY US IS BASED ON INFORMATION SUPPLIED BY VARIOUS
INDIVIDUALS AND BUSINESSES; IT DOES NOT REPRESENT THE VIEWS OF VOOLT.
AND VOOLT CANNOT BE HELD RESPONSIBLE FOR ANY OMISSIONS OR INACCURATE
CLAIMS THAT MAY APPEAR.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED
TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR
A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.
These Terms of Service incorporate our Privacy Policy which together constitutes the entire Agreement between You and Voolt in relation to Your use of the Website and/ or the Services and supersedes any prior representations, inducements or agreements relating to its subject matter. You agree that these Terms of Service are not intended to confer and do not confer any rights or remedies upon any third party. If any part of these Terms of Service are held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. These Terms of Service, including all terms and policies referenced herein, contain the entire understanding and supersede all prior agreements between you and Voolt relating to this subject matter and cannot be changed or terminated orally.
You may not assign these Terms or any of the rights granted hereunder without the prior written consent of Voolt, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns.
Failure by either Voolt or You to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
Voolt shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control; including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond its control such as acts of God, pandemics, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
The Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this Agreement, the Parties agree to resolve the dispute by arbitration at ADR Chambers using the ADR Chambers Expedited Arbitration Rules (https://adrchambers.com/expedited-arbitration/). The Parties agree that the ADR Chambers Expedited Arbitration Rules give the Parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in Toronto and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. There will be no appeal from the decision of the arbitrator on questions of fact, law, or mixed fact and law
If you have any questions or concerns regarding these Terms or our Services, please contact us through the support portal at support@voolt.com
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