Last updated: 15.11.2021

 

Table of Contents

1. Agreement to terms
2. Access, use and communication
   • Due authority; No minors
   • Prohibited access and use
   • Modification and discontinuation of website
   • Electronic communications
3. Intellectual property rights
4. User submissions
5. Third-party content
6. Term and termination
7. Disclaimer
8. Limitations of liability
9. Indemnification
10. Governing law and dispute resolution
    • Governing law
    • Dispute resolution

1. Binding arbitration
2. Notice requirement
3. Arbitration rules and proceedings
4. Waiver of court proceedings and jury trial
5. Restrictions; Waiver of class actions
6. Confidentiality
7. Survival

11. Miscellaneous
    • Entire agreement
    • No waiver
    • Severability
    • No assignment
    • No partnership
12. Contact information

 

Welcome to Etioca!

These terms of use are aimed at making our legal relationship clear and transparent and at ensuring an enjoyable, safe and fair experience for you and for us as you use our website, products and services. They contain general terms of use, as well as specific terms of use for the special products and services we offer on our website and mobile applications.

We may change any part of the general and specific terms of use at any time, and when we do, you will see the changes posted on this page. The date the changes take effect will be the “last updated” date.

Please read these terms of use carefully and in connection with our Privacy Policy available at https://etioca.com/privacy-policy/. If you have any questions or concerns, don’t hesitate to contact us using the contact information in Section 14.

1. AGREEMENT TO TERMS

These terms of use (the “Terms“) constitute a legally binding agreement between you (acting on behalf of yourself or any other person, entity, partnership or other structure that you represent) (“you” or “User“) and Etioca SP Limited, with registered address at Madison Building, Midtown, Queensway, GX11 1AA, Gibraltar and company number 120815, and, where relevant, any other affiliate of Etioca SP Limited, including any company of the Etioca group of companies (the “Company” or “us” or “our” or “we”), governing your access to and use of the website located at www.etioca.com as well as any other form of media or mobile application connected or related thereto (collectively the “Website”).

Certain features of the Website are subject to additional terms which will be posted in a relevant location in connection with such features. All such additional terms, as amended or updated from time to time, are incorporated by reference into these Terms.

We reserve the right to amend, revise, supplement or otherwise change these Terms at our sole discretion, at any time and for any reason. The “last updated” alert on the top of this page will be updated accordingly and will serve as notice of any such changes. You acknowledge and agree that it is your responsibility to review these Terms for changes from time to time and in particular upon each instance of accessing the Website. Your renewed and continued access and use of this Website constitutes acceptance of and agreement with any changes in the Terms effected after the date such changes are posted to the Website.

IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, AS UPDATED FROM TIME TO TIME, YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING AND USING THE WEBSITE AND YOU MUST CEASE ACCESS AND USE OF THE WEBSITE IMMEDIATELY. ANY DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS ARE SUBJECT TO RESOLUTION BY BINDING ARBITRATION AS SET OUT HEREIN.

2. ACCESS, USE AND COMMUNICATION

• DUE AUTHORITY; NO MINORS

By accessing or using the site, you represent and warrant that you have the right, authority and capacity to enter into these Terms and that you are not a minor (resp. that you are of the legal age to contract) in the jurisdiction in which you reside or pursuant to the laws of the jurisdiction otherwise applicable to your use of the Website at any time.

• PROHIBITED ACCESS AND USE

You may not use or access the Website for any illegal, illicit or unauthorized purpose, or in violation of any applicable laws or regulations, in any jurisdiction. You may not use the Website in connection with any commercial endeavors, gainful activities or competitive activities except those that are expressly approved or requested by us.  

This Website and its content are not intended for access or use by any User in any jurisdiction or region thereof where such access or use would be contrary to law or regulation or which would subject us to any registration or regulation requirement. Any Users who access the site from such jurisdictions, regions or countries are solely responsible for compliance with local laws to the extent these are applicable to the Website and/or us.

• MODIFICATION AND DISCONTINUATION OF WEBSITE

We reserve the right, at any time and at our sole discretion, to modify, suspend, disable, remove content from, restrict access to, limit the availability of or discontinue the Website in whole or in part, whether affecting one or multiple Users, groups of Users or in general, without any obligation to notify you and with no liability incurred towards you or any third party. We have no obligation to update or modify any part of the Website at any time.  

We may experience technical issues or need to perform maintenance on the Website, which may result in interruptions, delays or errors. We shall not be liable for any loss, damage or inconvenience caused by your inability to access or use the Website or to submit any information using the Website in such cases.

• ELECTRONIC COMMUNICATIONS

Communication between you and the Company is effected by electronic means, such as filling out forms on the Website and through e-mail. YOU HEREBY CONSENT TO THE USE OF ELECTRONIC COMMUNICATIONS, ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF COMMUNICATIONS, NOTICES, TERMS AND RECORDS OF TRANSACTIONS.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements under applicable law that such communication be in writing. YOU HEREBY AGREE TO USE THE USE OF EXCLUSIVELY ELECTRONIC COMMUNICATION, INCLUDING FOR CONTRACTS, NOTICES AND RECORDS OF TRANSACTIONS, AND WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY APPLICABLE LAWS OR REGULATIONS WHICH REQUIRE AN ORIGINAL SIGNATURE FOR ANY PURPOSE. YOU HEREBY WAIVE ANY AND ALL DEFENSES YOU MAY HAVE BASED ON THE ELECTRONIC FORM OF THESE TERMS AND THE LACK OF SIGNING BY THE PARTIES HERETO OF THESE TERMS.

3. INTELLECTUAL PROPERTY RIGHTS

The Website displays and uses content and intellectual property, both registered and unregistered, that is the property of the Company and/or its affiliates. All content, including source codes, technical features, software, designs, audio, video, text, photographs and graphics (collectively the “Content“) as well as intellectual property, such as but not limited to patents, copyrighted works, trademarks and similar marks such as logos and trade secrets (collectively the “IP“), displayed, used or described on the Website are owned by or licensed to the Company and/or its affiliates and protected by intellectual property and unfair competition laws and regulations of various jurisdictions.

You are hereby granted a limited license to access and use the Website and Content for your own personal, non-commercial use only. Except as expressly provided in these Terms, no part of the Website, Content or IP may be licensed, sold, rented, leased, transferred, assigned, modified, copied, used to make derivative works, republished, distributed, reproduced or otherwise used or exploited without our prior written consent.

4. USER SUBMISSIONS

We do not solicit any ideas, suggestions, feedback, works or other information or submissions from you regarding the Website or the Content (all the “Submissions“). However, if you choose to provide such Submissions to us, you acknowledge and agree that they are non-confidential and become our sole property upon receipt by us. We shall own exclusive rights, including all intellectual property rights, to the Submissions, and shall be entitled to the unrestricted use, exploitation and dissemination of the Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive any moral rights to any Submissions, and you hereby warrant that you have the right to submit such Submissions. You agree that you shall not hold us liable for any alleged or actual infringement or misappropriation of your Submissions or the proprietary rights related thereto.

Please see our Privacy Policy posted on the Website for information on how we treat personal information of Users in compliance with all applicable laws and regulations.

5. THIRD-PARTY CONTENT

The Website may contain links to third-party websites, products and services, and/or display advertisements for third parties (collectively, “Third-Party Content”). Such Third-Party Content is not under the control of the Company, and the Company does not review, approve, monitor, endorse, warrant or make any representations with respect to, and is not liable for, any Third-Party Content. You use all Third-Party Content at your own risk, based on your own judgment and with the understanding that the third party’s terms and policies apply to your access and use of such Third-Party Content.

6. TERM AND TERMINATION

Unless otherwise expressly set out herein, these Terms shall remain in full force and effect upon and during each instance of your access and use of the Website.

Notwithstanding anything else in these Terms, we shall have the right, in our sole discretion and with no notification obligation, no obligation to state any reasons and no liability towards you, to suspend, terminate or deny access to and use of the Website to any User, including without limitation for breach of these Terms. Your right to access and use the Website shall terminate immediately in such case.

7. DISCLAIMER

THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND ACCESS AND USE OF THE WEBSITE IS IN USERS’ OWN RESPONSBILITY AND AT USERS’ OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY AND ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT.

IN PARTICULAR, WE MAKE NO WARRANTY THAT ANY CONTENT ON THE WEBSITE WILL BE REALIZED, IN PARTICULAR THAT THE ELECTRIC VEHICLE AND BUSINSS MODEL THAT ARE THE SUBJECT OF THE WEBSITE WILL ACTUALLY BE DEVELOPED AND DISTRIBUTED. WE MAKE NO WARRANTY THAT ANY DESCRIPTIONS, DESIGNS, IMAGES, SPECIFICIATIONS, FEATURES OR PRICING OF THE ELECTRIC VEHICLE, WHICH, AS PRESENTED ON THE WEBSITE, IN MARKETING MATERIALS, IN E-MAILS OR OTHER COMMUNICATIONS TO USERS, ARE PURELY CONCEPTUAL, SHALL BE REFLECTED IN ANY FINAL DESIGN, PRODUCTION OR DISTRIBUTION OF SUCH VEHICLE. BY ACCESSING AND USING OUR WEBSITE AND SUCH CONTENT, YOU UNDERSTAND AND ACKNOWLEDGE THAT WE HAVE NOT YET COMPELTED DESIGN AND DEVELOPMENT OF THE ELECTRIC VEHICLE, THAT FINAL DESIGN, DEVELOPMENT, PRODUCTION AND DISTRIBUTION DEPEND ON MULTIPLE FACTORS, AND THAT WE IN NO WAY GUARANTEE THE FUTURE AVAILABILITY OF THE ELECTRIC VEHICLE, RELATED FEATURES, INCLUDING MOBILE APPLICATIONS, TO YOU OR IN YOUR JURISDICTION IN GENERAL.

FURTHERMORE, WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, COMPLETE OR FREE OF BUGS, VIRUSES OR HARMFUL CODE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, INACCURACIES OR INCOMPLETENESS OF THE WEBSITE; (2) DAMAGES, LOSSES AND EXPENSES OF ANY NATURE RESULTING FROM YOUR ACCESS AND USE OF THE WEBSITE; (3) ANY INTERRUPTION, SUSPENSION OR DENIED ACCESS OR USE OF THE WEBSITE; (4) ANY THIRD-PARTY CONTENT ON THE WEBSITE; (5) ANY UNAUTHORIZED ACCESS OR USE OF THE WEBSITE AND/OR THE DATA, INCLUDING USERS’ PERSONAL INFORMATION, COLLECTED THROUGH THE WEBSITE AND ANY MISAPPROPRIATION OR ABUSE OF ANY PERSONAL AND/OR FINANCIAL INFORMATION ABOUT USERS; AND/OR (6) ANY BUGS, VIRUSES OR HARMFUL CODE WHICH MAY BE TRANSMITTED THROUGH OR TO THE WEBSITE OR USERS BY ANY THIRD PARTY. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE WEBSITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF FIRST USE OF THE WEBSITE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. LIMITATIONS OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY IRREVOCABLY RELEASE THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY THE “RELEASED PARTIES”) FROM LIABILITY TOWARDS YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ATTORNEYS’ OR OTHER CONSULTANTS’ FEES AND ANY OTHER DAMAGES, LOSSES, COSTS OR EXPENSES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE AND RELINQUISH EACH AND EVERY DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE RELATED TO THESE TERMS OR THE WEBSITE. YOU ACKNOWLEGE AND UNDERSTAND THAT ACCESS AND USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK.  

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF THE RELEASED PARTIES TO YOU FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES ARISING FROM OR RELATED TO THESE TERMS AND/OR THE USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE WEBSITE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED POUNDS (GBP 100), CUMULATIVELY FOR ALL CLAIMS IN CASE OF MULTIPLE CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

9. INDEMNIFICATION

You agree to defend, indemnify and hold the Released Parties harmless from and against any loss, damage, liability, claim or demand, including attorneys’ and other consultants’ fees and any other damages, losses, costs and expenses, from any claim or demand made by any third party due to or arising out of (a) your access or use of the Website; (b) your violation of these Terms; (c) your violation of the rights of a third party, including but not limited to intellectual property rights; or (d) your violation of applicable laws or regulations. Notwithstanding the above, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. GOVERNING LAW AND DISPUTE RESOLUTION

• GOVERNING LAW

These Terms shall be governed and interpreted under the substantive laws of Gibraltar, without giving effect to any choice of law or conflict of law rules which would cause the application of laws of any other jurisdiction.

• DISPUTE RESOLUTION

1. BINDING ARBITRATION

All claims and disputes arising out of or in connection with the Terms, including any question regarding their existence, validity or termination, as well as access or use of the Website, the Content or the IP, or the use of any product or service provided by the Company or its affiliates, shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement (the “Arbitration Agreement“).

This Arbitration Agreement applies to you and the Company, as well as to any of the Company’s directors, officers, employees, agents, affiliates, successors and assigns (each and all, as the case may be, referred to below as the Company), as well as all authorized or unauthorized users or beneficiaries of products or services provided by the Company.

1. NOTICE REQUIREMENT

Before either party may seek arbitration, the party must first send to the other party a written notice (the “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company must be sent to the address or e-mail address in Article 14 below.

After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin arbitration proceedings pursuant to the Terms, whereby you and the Company both undertake to keep confidential and not reveal to the arbitral tribunal the content or outcome of any informal dispute resolution proceedings, including the amount of any proposed settlement.

1. ARBITRATION RULES AND PROCEEDINGS

Any claim or dispute arising out of or in connection with these Terms shall be settled by binding arbitration administered under and pursuant to the LCIA Rules, which can be found at https://www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2020.aspx and which are deemed to be incorporated herein by reference.

The seat of the arbitration shall be London. The number of arbitrators shall be one. The language of the proceedings shall be English.

The award of the arbitrator is final and binding upon you and the Company; any possibility for appeal to an appeals instance is hereby excluded to the fullest extent permitted by law.

1. WAIVER OF COURT PROCEEDINGS AND JURY TRIAL

THE PARTIES HEREBY WAIVE ANY APPLICABLE CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.

In the event any litigation should arise between you and the Company in any court in a suit to vacate or enforce an arbitration award, to seek injunctive relief or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

1. RESTRICTIONS; WAIVER OF CLASS ACTIONS

YOU AGREE THAT ANY ARBITRATION OR LITIGATION PROCEEDINGS UNDER THESE TERMS SHALL BE LIMITED TO THE DISPUTE BETWEEN THE PARTIES INDIVIDIUALLY, THAT ALL CLAIMS AND DISPUTES SHALL BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND THAT CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

1. CONFIDENTIALITY

All aspects of the arbitration proceedings, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by applicable law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce an arbitration award, or to seek injunctive relief.

1. SURVIVAL

This Arbitration Agreement shall survive the termination of your relationship with the Company.

11. MISCELLANEOUS

• Entire Agreement

These Terms constitute the entire agreement and understanding between you and us regarding access to and use of the Website as well as any and all other aspects set out herein. 

• No Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

• Severability

If any part or provision of these Terms is, or is held to be, invalid or unenforceable for any reason, the other parts and provisions of these Terms will be unimpaired and shall continue in full force and effect. The invalid or unenforceable part or provision will be deemed modified so that it is valid and enforceable to the fullest extent permitted by law.

• No Assignment

These Terms, and your rights and obligations herein, may not be assigned or otherwise transferred by you without the Company’s prior written consent. The Company may freely assign these Terms.

• No Partnership

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms, access to or use of the Website or access to or use of any of the goods or services offered by the Company or its affiliates.

12. CONTACT INFORMATION

You can contact us at:

Etioca SP Limited

Madison Building

Midtown

Queensway

GX11 1AA Gibraltar

E-mail address: legal@etioca.com