Terms and Conditions of Use

SONEIL INTERNATIONAL LIMITED
WEBSITE TERMS AND CONDITIONS OF USE

 

EFFECTIVE: SEPTEMBER 10, 2023  

Acceptance of the Website Terms and Conditions of Use

These website terms and conditions of use for soneilspark.com, constitute a legal agreement and are entered into by and between you and Soneil International Limited (“Company", “we”, “us”, “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use, including any content, functionality, products and services offered on or through soneilspark.com (the “Website”).

BY PLACING AN ORDER, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF USE, OUR PRIVACY POLICY AND OUR TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY OR OUR TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Age

Depending on the laws in your jurisdiction, there may be age restrictions for entering into legally binding arrangements, including these Terms of Use. If you are below the required age, you are not permitted to use the Website, unless your parent or legal guardian has reviewed and agreed to these Terms of Use on your behalf. Additionally, certain laws in your jurisdiction may require children to be supervised while using the Website.  

By accessing and using the Website, you represent and warrant that you are of an appropriate age to form a binding contract with the Company and access and use the Website without supervision. If you are below the required age, your parent or legal guardian confirms that they are supervising and monitoring your access and use of the Website at all times. If you do not meet all of these requirements, you must not access or use the Website.

Modifications to the Terms of Use, to the Website

We reserve the right in our sole discretion to revise and update these Terms of Use from time to time, including but not limited to, adding new terms and conditions. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the Terms of Use in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on the Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Your Use of the Website, and Account Set-Up and Security

The Website enable you to explore details about our electric vehicle charging products, smart plugs and related services and information, make purchases and utilize our charging network. Additionally, in certain cases, you can discover and access other networks through our roaming arrangement, provided you agree to the respective terms of those networks.    

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your personal information also depends on you. Users are responsible for obtaining their own access to the Website. Users are required to ensure that all persons who access the Website through a user's internet connection are aware of these Terms of Use and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the personal information you provide on the Website is correct, current, and complete.

Unfortunately, the transmission of personal information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your provision of registration information, information you add to your user account profile, any submissions you make on the website and any information you provide to us by e-mail or other means, constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, PIN login information, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password, PIN login information, or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your username, password, PIN login information, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, password, PIN login information, or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any losses or damages incurred as a result of any password or PIN login information misuse or any unauthorized access.

Only authorized users are permitted to access and utilize password-protected and secure sections of the Website or any services offered on or through the Website. Any unauthorized individuals attempting to access these areas of the Website, by hacking or any other illegitimate means, may be subject to prosecution.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, PIN login information, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

You are prohibited from attempting to circumvent and from violating the security of the Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Website owner's ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, the Company logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal, provincial or other laws and could subject the infringer to legal action.

You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

  • your device and browser may temporarily store or cache copies of materials being accessed and viewed;
  • a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  • in the event social media platforms are linked to certain content on our Website, you may take such actions as our Website and such third-party social media platforms permit.

Users are not permitted to modify copies of any materials from the Website nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website, unless authorized by us.        

If you print off, copy, or download any part of our Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website, or to any content on the Website, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws. 

Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and in accordance with these Terms of Use (“Conditions of Use”).

The following content standards apply to any and all information a user submits or transmits (collectively, "submit") to the Website (collectively, "User Submissions"). Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and these Terms of Use.  

Without limiting the foregoing, you warrant and agree that your use of the Website, and any User Submissions shall not:

  • In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • In any manner violate the terms of use of any third-party website that is linked to the Website.
  • Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion.
  • Involve, provide, or contribute any false, inaccurate, or misleading information.
  • Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
  • Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Be used for unauthorized purposes.

You understand and agree that you, not the Company nor Company's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors or assigns, are fully responsible for any User Submissions you submit, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you.

Suspension and Termination

Company has the right, at its sole discretion, without provision of notice and without any liability or cost to us to:

  • At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website, and/or Terms of Use.
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting information through the Website.
  • Terminate or suspend your and/or all users access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use. Upon termination, all licenses and rights granted to you under these Terms of Use will cease.

YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

In the event of technical issues with the Website, you may temporarily lose access to the Website, your account details, or encounter difficulties completing transactions. While we will make reasonable efforts to inform you about the resolution timeframe, we cannot provide explicit guarantees or express warranties on service restoration timelines. Any time guidance offered during technical difficulties should be treated as an estimate only and not relied upon absolutely.   

You agree that neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns is liable to you or any third party for any suspension, interruption or discontinuance of the Website.

No Reliance

The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns have any responsibility or liability whatsoever for your use of the Website.

The Website may include content provided by third parties. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such personal information in compliance with our Privacy Policy, as we deem necessary for use of the Website, and provision of services.

Third-Party Websites

For your convenience, the Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from the Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites, the accuracy or reliability of information, data, opinions, advice or statements made on these websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

References to products, services, or information from entities other than our Company on our Website are solely for informational purposes and should not be considered as endorsements or recommendations.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the Conditions of Use and User Submissions. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Subscription

We may charge you a subscription fee to use all or certain features or functionalities of our Website. By purchasing a subscription to our Website, you acknowledge and agree to access and use the services provided through the Website during the specified subscription period and in accordance with these Terms of Use.  

The subscription term shall commence on the date of purchase and continue for the duration of the selected subscription period, as indicated during the purchase process.

You agree to pay the applicable subscription fees as outlined on the Website’s payment page. The subscription fees shall be charged at the beginning of each subscription period and automatically renewed unless you cancel the subscription before the renewal date.

You agree to pay the applicable subscription fees as outlined on the Website’s payment page. The subscription fees shall be charged at the beginning of each subscription period and automatically renewed unless you cancel the subscription before the renewal date.

To cancel the subscription, you must follow the cancellation procedures provided within your user account on the Website or contact our customer support team.   

We reserve the right to terminate or suspend your subscription in the event of a breach of these Terms of Use or for any other reason, at our sole discretion.       

Online Purchases  

All orders, purchases or transactions for the sale of goods made using the Website are subject to the Terms, also incorporated into these Terms of Use.

Geographic Restrictions

The owner of the Website is based in the Province of Ontario in Canada. We provide the Website for use only by persons located in any jurisdiction where its access or use is permitted by applicable laws. The Website is not intended for use in any jurisdiction where its access or use is not permitted by law or regulations or which would subject us to any registration requirements within such jurisdictions or country. If you access or use the Website from outside Canada, you do so at your own risk and you are responsible for compliance with all applicable laws of your jurisdiction. We make no representation or warranty that any information or materials on the Website are lawful in every jurisdiction from which such information or materials can be accessed or available for use.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE, ITS CONTENT AND ANY SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR DEVICE, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Limitation on Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, SUCCESSORS OR ASSIGNS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE AND CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.  

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, or assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable lawyers’ fees) arising out of or relating to your breach of these Terms of Use or your use of the Website, including, but not limited to, your violation of any applicable law, rule or regulation, your User Submissions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use.  

Governing Law and Choice of Forum

The Website and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. 

Any dispute, action or proceeding arising out of or relating to the Website and under these Terms of Use will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Use operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms of Use is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Use or invalidate or render unenforceable such term or provision in any other jurisdiction.

Assignment

You are not permitted to assign or transfer these Terms of Use or any of your rights or obligations stated herein without obtaining our prior written consent. Any assignment without our written consent shall be void and have no binding effect upon us. However, we reserve the right to assign or transfer these Terms of Use or any of our rights or obligations under these Terms of Use without requiring your consent or providing notice to you.

Entire Agreement

The Terms of Use, our Privacy Policy and our Terms constitute the sole and entire agreement between you and us regarding the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

The Website is operated by us.

Should you become aware of misuse of the Website including libelous or defamatory conduct, you must report it to us. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to contactus@soneilspark.com.