1. Welcome to EV.com - Electric Vehicle Marketplace
Thanks for stopping by. These Terms of Use, the Privacy Policy, the Mobile Devices Terms, and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications, and tools (collectively "Services"). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services.
EV.com - Electric Vehicle Marketplace Inc., 5243 Steeles Ave W, Toronto, Ontario M9L 2W2, CA
2. Your Account
In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess. You will not transfer your Account to another party without our consent.
You may connect to the Services with a third-party service, and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately at EV.com - Electric Vehicle Marketplace Customer Support.
3. Using the Services
When using EV.com - Electric Vehicle Marketplace , you agree to post in the appropriate category or area and refrain from engaging in any of the following activities:
- Violating any laws or our Prohibited Content Policy
- Posting false or misleading information
- Infringing any third-party rights
- Distributing or containing spam, chain letters, or pyramid schemes
- Distributing viruses or any other technologies that may harm EV.com - Electric Vehicle Marketplace or the interests or property of its users
- Impeding the proper functioning of EV.com - Electric Vehicle Marketplace or imposing an unreasonable load on its infrastructure
- Copying, modifying, or distributing any other person's content
- Using any robot, spider, scraper or other automated means to access EV.com - Electric Vehicle Marketplace and collect content for any purpose without our express written permission
- Harvesting or otherwise collecting information about others, including email addresses, without their consent
- Bypassing measures used to prevent or restrict access to EV.com - Electric Vehicle Marketplace.
4. Abusing EV.com - Electric Vehicle Marketplace Services
If you encounter any issues or offensive content while using our Services, please utilize the flagging system so that we can work together to maintain a properly functioning site. We reserve the right to limit or terminate our Services, remove hosted content, and take legal and technical action to prevent users who we believe are creating problems or acting contrary to our policies from accessing EV.com - Electric Vehicle Marketplace . However, regardless of whether we choose to take any of these actions or not, we do not assume any responsibility for monitoring EV.com - Electric Vehicle Marketplace or for unauthorized or unlawful content or use of EV.com - Electric Vehicle Marketplace by users.
5. Global Marketplace
In addition to the rights granted under "Content" below, some features of EV.com - Electric Vehicle Marketplace may display your advertisement on other classifieds sites in other countries that are part of our network. By using our Services, you agree to allow your ads to appear on these other sites. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your ad is posted. If you choose to post your ad to another site, you are responsible for ensuring that it complies with our other site policies. We reserve the right to remove your ad if it is flagged on any of our sites or if we believe it causes issues or violates any laws or policies.
6. Fees and Services
Using the Services on EV.com - Electric Vehicle Marketplace is generally free of charge. However, we may charge fees for certain Services. If there is a fee associated with the service you use, you will have the opportunity to review and accept that charge. Our fees are stated in Canadian Dollars and are subject to change from time to time. We will notify you of any changes to our fee policy by posting such changes on the site. In some cases, we may temporarily change our fees for promotional events or new services, and such changes are effective when we announce the promotional event or new service. Please note that our fees are non-refundable, and you are responsible for paying them when they're due. Failure to do so may result in your inability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms.
If applicable, Canadian taxes associated with our Services will be collected. You agree to provide accurate address information necessary for EV.com - Electric Vehicle Marketplace to comply with its obligations under applicable law. If you fail to provide such information, EV.com - Electric Vehicle Marketplace may, at its discretion, determine and collect appropriate taxes.
You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on EV.com - Electric Vehicle Marketplace .
Although many features of the Services are available across the EV.com - Electric Vehicle Marketplace websites and associated mobile applications, some features and functionality may vary depending on the website and/or mobile device you use to access the Services.
To use certain functionality of our EV.com - Electric Vehicle Marketplace Digital Retailing Solution, you must be a resident of Canada and capable of forming a binding contract under applicable law, including being above the age of majority in the Province or Territory where you reside. The EV.com - Electric Vehicle Marketplace Digital Retailing Solution may not be available for all vehicle listings, and it may be subject to additional requirements as set out in the EV.com - Electric Vehicle Marketplace Digital Retailing Solution. You agree to comply with all applicable laws and regulations in respect of any purchase you may ultimately make from a seller through EV.com - Electric Vehicle Marketplace , including any licensing and/or insurance requirements.
7. Content
EV.com - Electric Vehicle Marketplace contains content from us, you, and other users (as well as from our third-party service providers). You agree not to copy, modify, resell, or distribute EV.com - Electric Vehicle Marketplace , our copyrights, or trademarks. By submitting content to EV.com - Electric Vehicle Marketplace , you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify EV.com - Electric Vehicle Marketplace Customer Support, and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
8. Reporting Intellectual Property Infringements (Verified Rights Owners - VeRO)
Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g., offering counterfeit items for sale). Do not post content that contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual as may be required. We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies, or any party's rights. The following steps are for reporting a listing to EV.com - Electric Vehicle Marketplace that you believe to be infringing on your intellectual property rights. Only the intellectual property rights owner can report potentially infringing items or listings through EV.com - Electric Vehicle Marketplace's VeRO Program. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is download our Notice of Claimed Infringement (NOCI) form, fill it out, and email it to EV.com - Electric Vehicle Marketplace at the email address provided on the form. After we receive your first NOCI, EV.com - Electric Vehicle Marketplace will confirm your enrollment in our program. We reserve the right to share, in accordance with applicable law, the completed NOCI form with the third party that originally posted the potentially infringing listing.
9. Disclaimers and Limitations of Liability
EV.com - Electric Vehicle Marketplace provides the Services "as is" and "as available." You agree not to hold us responsible for anything that other users post or do. You also agree not to hold us responsible for the payment processing of other service providers, such as Adyen (each a "Third Party Payment Processor"). If you link a Third Party Payment Processor account to your EV.com - Electric Vehicle Marketplace account, you acknowledge and agree that by making payments through EV.com - Electric Vehicle Marketplace with that Third Party Payment Processor, you are bound by that Third Party Payment Processor's applicable terms and conditions, and we are not liable for any loss, claims, or damages arising in connection with that third party's services. As most of the content on the Services comes from other users, we do not guarantee the accuracy, completeness, efficacy, or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real-time, and it is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider's network. Accordingly, to the extent legally permitted, we expressly disclaim all warranties, representations, and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose, and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of EV.com - Electric Vehicle Marketplace , even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute, or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Canadian Dollars.
10. Indemnification
You will indemnify and hold harmless EV.com - Electric Vehicle Marketplace and its affiliates and our and their respective officers, directors, agents, and employees (each an "Indemnified Party"), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
11. Personal Information
By using EV.com - Electric Vehicle Marketplace Services, you agree to allow the collection, transfer, storage, and use of your personal information by EV.com - Electric Vehicle Marketplace on servers located in the United States and the European Union as described in our privacy policy.
12. Reviews
You may be requested to provide a review when communicating with other users on EV.com - Electric Vehicle Marketplace . Reviews consist of a rating of 1-5 stars and selected reasons for the review. Your submitted review, username, profile photo (if available), and the category of the seller's listing will be made public. User reviews should be made in good faith, ensuring that both you and the other user are depicting your interaction fairly. When leaving a review on another user's account, the review should:
- Be truthful to what occurred between you and the other user.
- Not be left in an attempt to harass or abuse another user.
- Not be left in an attempt to manipulate or mislead other users.
To maintain the integrity of the review system, users cannot edit or remove reviews on their own profile or someone else's. EV.com - Electric Vehicle Marketplace will not mediate review-related disputes. User reviews reflect the opinions of individual EV.com - Electric Vehicle Marketplace users and do not represent the opinion of EV.com - Electric Vehicle Marketplace.
We reserve the right to remove reviews that violate our policies or guidelines. For more information, please refer to our User Review policy.
13. General
These terms and the other policies posted on the Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires the application of another law for certain topics. If we do not enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
We may give notice to you at either the email or postal address you provide to us during the registration process. Notice will be deemed received and properly served 24 hours after an email is sent or three days after the date of posting of any letter. In providing the Services, we may provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account with us, and you may not be able to opt-out of receiving them.
14. Mobile Devices Terms
The Mobile Devices Terms apply to users who access the Services through the EV.com - Electric Vehicle Marketplace mobile application ("Application") on a mobile device. In addition to the Mobile Privacy and Legal Notice or End User License Agreement, you agree to these Mobile Devices Terms by using the Application.
You are permitted to use the Application as long as you comply with the following limitations: do not modify, copy, sell, license, or otherwise commercialize the Application or any associated software or information, do not transfer rights to the Application, and do not use the Application in a way that could damage it or interfere with other users' enjoyment of it. You must also comply with applicable laws and third-party agreements, such as your wireless data service agreement.
Note that not all functionality available on the EV.com - Electric Vehicle Marketplace website may be available on the Application, and the Application's use is at your own risk. You are responsible for any damage to your mobile device or loss of data resulting from using the Application.
EV.com - Electric Vehicle Marketplace owns all rights to its Applications and associated proprietary technology, and you may not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or attempt to derive source code from any Application. Additionally, you may not remove or alter any of EV.com - Electric Vehicle Marketplace's copyright, trademark, or other proprietary rights notices.
The Application or its underlying technology may not be downloaded, exported, or re-exported to any country under United States embargo, anyone on the U.S. Department of the Treasury’s list of Specially Designated Nationals or on the U.S. Department of Commerce’s Denied Party or Entity List, or any prohibited country, person, end-user, or entity specified by U.S. export laws. You are responsible for complying with foreign and domestic laws and trade regulations when using the Application.
Note that there may be additional terms and conditions based on the mobile device on which the Application is installed.
For iOS devices, these terms are an agreement between you and us, not Apple. Apple is not responsible for the Application or its content. You may only use the Application on an iOS device that you own or control and in accordance with Apple's Usage Rules for the App Store. Apple is not obligated to provide maintenance or support services for the Application, nor is it responsible for any third-party intellectual property infringement claims or claims related to your use of the Application. Apple and its subsidiaries are third-party beneficiaries of these terms, and Apple has the right to enforce these terms against you.
For Android devices, these terms are an agreement between you and us, not Google. Google is not responsible for the Application or its content. Your use of the Application must comply with Google's then-current Google Play Store Terms of Service. Google is only a provider of the Google Play Store and has no obligation or liability to you regarding the Application or these terms. You acknowledge that Google is a third-party beneficiary of these terms as they relate to the Application.