EV Privacy

Error:

Javascript is disabled in this browser. This page requires Javascript. Modify your browser's settings to allow Javascript to execute. See your browser's documentation for specific instructions.

Privacy

SKY PLATFORM APPLICATION END USER AGREEMENT

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING, DOWNLOADING OR OTHERWISE USING THE SKY PLATFORM MOBILE APPLICATION, WEB PORTAL, AND ASSOCIATED CHARGING SERVICES (“APPLICATION”). BY DOWNLOADING AND USING THIS APPLICATION YOU AGREE THAT YOU HAVE READ THIS END USER AGREEMENT (“AGREEMENT”), UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AS SET OUT BELOW.

1. Introduction and Background
Federated Co-operatives Limited (“FCL”) and its member retail co-operatives (each a “Retailer”) have made this Application available in support of the FCL network of electric vehicle charging stations (collectively, the “FCL Charging Stations”), including to allow you to remotely start and stop charging sessions, to pay for charging directly from your phone, and to get real-time charging updates and to check progress (collectively, the “Charging Services”).

2. Legally Binding Terms
This Agreement constitutes a legal agreement between you, FCL, and the Retailers. Your installation, download, and/or use of this Application constitutes your acceptance of and agreement to comply with the terms and conditions of this Agreement, which FCL and the Retailers may change from time to time without notice. If this Agreement is updated or amended, the amended version will be published on this Application. It is your responsibility to revisit this Agreement periodically to check for such updates as they will be binding on you. The last revision date for this Agreement is SEPTEMBER 18, 2020.

Further, FCL and the Retailers have worked with Zeco Systems, Inc., doing business as Greenlots (“Greenlots”) to provide the Application to you, and your use of the Application is also subject to the Greenlots Terms and Conditions available at https://greenlots.com/terms-conditions/, and the Greenlots Privacy Policy available at https://greenlots.com/privacy/.

3. Your Use of the Application
You agree not to use this Application for any purpose except for purposes related to the Charging Services. You also agree that you shall not, and shall not permit any other person to: (i) copy, modify, or create derivative works of the Application or any other element of the Charging Services, in whole or in part; (ii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Application, in whole or in part; or (iii) use the Application in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person.

You are responsible for managing your account and password and for keeping your password confidential. You acknowledge that you are solely responsible for any and all activities and transactions that occur on your account or through the use of your password by yourself, or other persons.

You also acknowledge and agree that your use of this Application does not guarantee the availability of any particular FCL Charging Station. Further, your use of FCL Charging Stations may be subject to separate terms and conditions of use that apply to FCL Charging Stations at individual Retailer locations.

2. Third Party Materials
This Application may display, include or make available content, data, websites, information, applications or materials from third parties (“Third Party Materials”). By using this Application, you acknowledge and agree that FCL and the Retailers are not responsible for the accuracy, completeness, validity, copyright compliance, legality, decency, quality or any aspect of the Third Party Materials. You acknowledge that your use of any Third Party Materials is at your own risk. No endorsement of or affiliation with any Third Party Materials, products or services is expressed or implied by any information, material or content referred to or included on or linked from or to this Application. Further, some features of Third Party Materials and applications may be device dependent. Third Party Materials are provided solely as a convenience to you.

3. No Warranty
You use this Application at your own risk. Information provided on the Application is provided “as-is”. FCL and the Retailers do not guarantee the quality, accuracy, completeness or timeliness of the information provided. FCL and the Retailers assume no obligation to update the Application. Information contained on the Application may be deemed offensive, may contain errors and may be changed without notice. Access to this Application is provided on an “as is” basis. You should not assume that the Application will be error-free or that the Application will operate without interruption. FCL and the Retailers are not responsible for any content or information that you may find undesirable or objectionable.

FCL and the Retailers disclaim all express, implied, or statutory warranties, representations and conditions of any kind with respect to the Application and Charging Network Services, including but not limited to warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, accuracy, quiet enjoyment, or warranties arising from a course of dealing, usage or trade practice.

4. Application Modifications
FCL and the Retailers reserve the right, in their sole discretion, to modify, suspend or discontinue any part of the Application at any time, without notice to you or any third party. FCL and the Retailers also reserve the right, in their sole discretion, to impose limits on certain features and services.

5. No Liability
FCL and the Retailers are not responsible for any direct, indirect, special, incidental or consequential damage or any other damages whatsoever and howsoever caused, arising out of or in connection with the use of the Application, Charging Services, or Third Party Materials or in reliance on the information available on the Application or the Third Party Materials, including any loss of use, lost data, lost business profits, business interruption, personal injury or any other pecuniary loss, whether the action is in contract, tort (including negligence) or other tortious action. FCL and the Retailers disclaim any liability for unauthorized use or reproduction of any portion of the Application.

7. Privacy
If you choose to use the Charging Services through the Application, you will be asked to open an account. Opening an account requires you to complete a registration process, during which you will be asked to provide your name, address, postal code, email address and payment information. For greater certainty, neither FCL nor the Retailers save your credit card information on any FCL or Retailer infrastructure. The personal information that you provide is limited to that which is necessarily required for the provision of the Charging Services and the functioning of this Application. In addition, personal information may be used in the resolution of any issues that arise from the usage of this Application or the Charging Services.
By downloading the Application you also consent to the transmission of certain device and transactional information in connection with the provision of the Charging Services. This data may also be used to provide localized content, create statistics on Application usage, and to improve services.
Any personal information collected, used or disclosed by FCL, the Retailers, and/or Greenlots in connection with the above will be subject to the requirements of applicable privacy laws. Further, FCL’s collection, use and disclosure of personal information is subject to FCL’s policy related to the protection of personal information which policy can be found at https://www.fcl.crs/contact-us/app-privacy.
8. Viruses
You should take reasonable and appropriate precautions to scan for viruses and should ensure that you have a complete and current backup of the applicable items of information contained on your device. You must follow your mobile device provider’s security recommendations to protect against any malware or virus.

9. Confidentiality Warning
Mobile-internet applications (including this Application) are not a secure medium and confidentiality cannot be ensured. FCL and the Retailers will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make through this Application, or that you expressly or implicitly authorize FCL, the Retailers, and/or Greenlots to make.

10. Trade-marks and Copyright
The Application is protected by copyright, trade-mark, intellectual property and other law. You must comply with all such laws and applicable copyright, trade-mark or other legal notices or restrictions. Nothing contained on this Application should be construed as granting, by implication or otherwise, any license or right to use any trade-mark displayed on this Application without the prior written permission of FCL. Any unauthorized downloading, retransmission or other copying or modification of trade-marks and/or the contents herein may be a violation of federal or common law, trade-mark and/or copyright laws and could subject the copier to legal action.

12. Conformance with Law
You agree that your use of the Application shall not violate any applicable local, national or international law, including but not limited to any regulations having the force of law.

13. Choice of Law
The laws of the Province of Saskatchewan shall govern as to the interpretation, validity and effect of this Agreement without application of any principles of conflict of laws. You consent and submit to the exclusive jurisdiction of the courts of the Province of Saskatchewan in any action or proceeding instituted under or related to this Application.