Terms and Conditions of FleetCarma Web Portal for Alectra Drive for the Workplace™ Participants
Thank you for agreeing to participate in the Alectra Drive for the Workplace Program (“Program”) that is being offered by The City of Markham, Alectra Inc., and Geotab Inc., carrying on business as FleetCarma, a Geotab company (“FleetCarma”). Alectra Inc. (“Alectra“), The City of Markham, and FleetCarma may be referred to herein as the “Program Partners”.
These Terms and Conditions form an agreement between you (hereinafter “Participant” or “you“) and FleetCarma regarding your use of FleetCarma’s web portal in connection with the Program (the “Portal“). FleetCarma reserves the right to modify these terms and conditions at any time. Any modifications to these terms and conditions will be made available for viewing at the following web address: www.fleetcarma.com/alectradrivemarkham/terms. Please check this page periodically. Your continued participation in the portal will constitute your acceptance of any modifications to these Terms and Conditions.
Who May Use The Portal?
Registered participants in the Program may use the Portal provided they have signed and are in compliance with the form of participant agreement provided by the Program Partners (the “Participant Agreement“) and accept and comply with these Terms and Conditions. By accepting these Terms and Conditions, you are representing and warranting to FleetCarma that you comply with the foregoing requirements, are at least 18 years old, have read these Terms and Conditions, and are legally competent to accept these Terms and Conditions.
To use the Portal, you must have one of FleetCarma’s C2 vehicle logger devices (the “C2 Devices”), provided by Alectra to each Program Participant, installed in the on-board diagnostics port (“OBD II Port”), or in the case of Tesla vehicles, in the proprietary diagnostics connector, of the electric vehicle listed in our Participant Agreement (your “EV“).
You agree not to tamper with, disable or damage the C2 Device that is provided to you in connection with the Program. Any failure to comply with these obligations will be at your sole risk for any damage that may result including damage to the C2 Device, your EV, and injury to any person. You further agree to not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the C2 Device, the software embedded therein, or any software used to provide or access the Portal.
Information about Alectra Drive for the Workplace
The Program Partners have developed the Program in order to learn more about light-duty battery electric vehicles and plug-in hybrid electric vehicles and to learn more about their charging patterns and load management at the workplace.
As a Program participant and subject to these Terms and Conditions, you may log into the Portal to access information including about your driving habits, EV trip efficiency, battery charge, battery degradation and energy capacity, To access the Portal, Program participants must have access to a computer, smart phone or other mobile device with internet access. You are solely responsible for all requirements to access the Portal including computer, smart phone or other mobile device with internet access and including any applicable changes and fees of any third party service providers.
FleetCarma and the other Program Partners make no warranties or representations of any kind, express, statutory or implied as to: (i) the availability of telecommunication services from your provider and/or access to the Portal at any time or from any location; (ii) any loss, damage, or other security intrusion of the telecommunication services; and (iii) any failure to transmit any data, communications or settings connected with the Portal, and FleetCarma and the other Program Partners disclaim any and all liability with respect to such matters.
The C2 Device: How it Works
The C2 is installed by plugging it into the OBD II Port of any battery electric vehicle or plug-in hybrid electric vehicle (or, in the case of a Tesla, by plugging into its proprietary diagnostics connector). Participants with a Tesla will also receive (free of charge) a special adapter that is needed to install the C2 Device in a Tesla. C2 Device installation is relatively easy to do. Participants are solely responsible for installation, and installation is at the sole risk of the Participant. If you require any assistance with locating the OBD II Port, Tesla’s proprietary diagnostics connector, or need installation directions, please visit https://www.fleetcarma.com/smartcharge-rewards/setup or contact email@example.com. Installation instructions, C2 Devices and related adapters are provided without representation or warranty of any kind by FleetCarma or the other Program Partners.
Data Collected by the C2 Device and Privacy
In order to provide the services FleetCarma provides you in connection with the Program, including the products and services outlined in this Agreement and appropriate customer service , FleetCarma will collect certain information through the C2 Device. A C2 Device installed in an EV will record when the Device is plugged into, and unplugged from, the EV and it will also collect the following information:
(a) About your EV – VIN or Vehicle Identification Number, and EV make, model and model year;
(b) About your driving – drive start date and time, duration of trip, trip distance, EV state of charge at start of drive, EV state of charge at end of drive, electricity consumed during drive, liquid fuel consumed during drive (if EV is a plug-in hybrid), % idling, electric km fraction (if EV is a plug-in hybrid electric vehicle, the % of km the car ran on electric), ambient temperature, and average auxiliary load during trip;
(c) About your charging patterns – for each charging session (for which a session number will be assigned) – start date and time, duration of charging session, charging power level (kW), total charging energy (total electricity consumed in kWh), 15-minute interval charging energy (kWh), charging loss (electricity lost due to charging efficiency in kWh), starting state of charge, ending state of charge, GPS coordinates of where the charging session occurred;
(d) Calculations – watt hours/km, Leq/100km, total electricity consumed, GHG emissions, estimated battery state of health (i.e., the degree of ability of the high-voltage battery to accept and discharge electricity).
The data outlined above will be made available for Participants to view in the FleetCarma Portal so that the Participant can monitor his/her own vehicle’s charging and driving.
FleetCarma will have access to all of the above-listed data solely for the purposes listed below. An anonymized subset of the data outlined above may be shared with the Program Partners and other third party suppliers. The only GPS coordinates to be collected will be coordinates for where the Program’s charging sessions occur, and this data will not be shared with any Program Partners or third party suppliers except in both anonymous and aggregate form to inhibit extraction of any individual driving behaviour.
At the conclusion of the Program, a summary and aggregated dataset may be made available to Canadian utilities and policy makers, with the specific requirement that the data be utilized to support widespread electric vehicle adoption. Any data included in this dataset will be aggregated and anonymized.
Information that is collected through the C2 Device will be erased from the device once the information is transferred to FleetCarma. The data collected by the C2 Device is encrypted when transmitted to FleetCarma servers.
In addition to the data listed above, FleetCarma may have access to the information you provide on your Program application and any surveys or other Program evaluations that you choose to complete and submit during your participation in the Program solely for the purposes listed below.
Your personal information that is transferred to FleetCarma will only be retained by FleetCarma as long as it is necessary for the purposes for which if was collected as stated herein, or any other purpose you subsequently consent to.
FleetCarma’s Use of Your Data
FleetCarma may use the information they obtain about you through your participation in the Alectra Drive for the Workplace Program, including data collected through the C2 Device provided to you (collectively, “Participant Information”), solely in order (a) to operate and administer the Program, the C2 Devices and the Portal, and (b) to prepare and present general, aggregated or anonymized results and information about the Program to third parties. FleetCarma may also use and publish information regarding your participation in the Program, your use of the C2 Device, and your use of the Portal as long as the information is presented in an anonymized format (i.e. in a manner that does not identify you).
EV Owner Consent to Data Collection and Use
YOU AGREE NOT TO PARTICIPATE IN THE PROGRAM OR USE ANY C2 DEVICE OR THE PORTAL SERVICE IN ANY WAY THAT IS ILLEGAL, FRAUDULENT OR ABUSIVE, INCLUDING TO HARASS, THREATEN, ABUSE, DEFAME OR SLANDER ANY INDIVIDUAL.
Can the C2 Device be Transferred to Another Vehicle?
Pending approval from the Alectra Drive for the Workplace support team, you may be eligible to transfer the C2 Device to another EV during your participation in the Program as long as the substitute vehicle is an EV that is owned or leased by the same Participant as the previous vehicle. The C2 Device will read the new vehicle’s VIN and update the account with the information on the new vehicle. Please contact firstname.lastname@example.org if you wish to transfer your device to a new EV.
Withdrawal from the Program and Expected Duration of Program
Your participation in Alectra Drive for the Workplace is completely voluntary so you are free to withdraw from the Program at any time. To withdraw from the Program, remove the C2 Device from your EV and notify Alectra of your withdrawal at: email@example.com.
The Program Partners expect the Alectra Drive for the Workplace Program will continue until March 31, 2020. However, the Program Partners reserve the right to terminate or extend the Program at any time for any reason or for no reason. Participants will have access to the Portal for minimum of ninety (90) days after the Program terminates.
Once the Program terminates or a Participant withdraws from, or is deemed withdrawn from, the Program, new data from the EV(s) in which a C2 Device(s) is installed will cease to be collected within 15 days after termination or withdrawal in order to protect the privacy of participants.
A Participant who withdraws from the Program voluntarily will continue to have post-termination access to the Portal for ninety (90) days. Once a Participant no longer has access to the Portal, the Participant will no longer have the ability to view previously recorded data from their EV.
In addition to the above, the Program Partners, by sending an email notice to the Participant, reserve the right to immediately terminate Program participation of anyone who engages in any fraud or in any activity or actions in violation of these terms and conditions. This type of termination may result in Participant’s immediate loss of access to the Portal.
Intellectual Property Ownership
The Portal and related software, and all data collected through them or the C2 Devices during the Program are the sole and exclusive property of FleetCarma. All intellectual property developed by FleetCarma, including modifications, enhancements, and changes to its products (including to the C2 Devices, the Portal, and all related software) and to its services, will remain solely owned by FleetCarma. The foregoing includes intellectual property that may be as a result of any data collected or any Feedback (as defined below) provided by you as part of your involvement in this Program. FleetCarma may provide you with a mechanism to provide directly to FleetCarma feedback, suggestions, ideas, improvements and comments about the Program (“Feedback”). You agree that all Feedback shall become the sole and exclusive property of FleetCarma and FleetCarma may, in its sole discretion, use any Feedback in any way, including for future modifications, improvements and enhancements to the its products and services, and/or in advertising and promotional materials relating thereto without notice to you and without compensation. You hereby irrevocably assign to FleetCarma all rights, title and interest in and to any and all Feedback and you hereby irrevocably waive, to the maximum extent permitted by law, all rights of attribution, paternity, integrity, modification, disclosure and withdrawal, and any other rights throughout the world that may be known as or referred to as “moral rights,” “artist’s rights,” “droit moral,” or the like (collectively, “Moral Rights”).
Participant Information and Security Measures
You represent and warrant that you have provided accurate information in your Participation Agreement and you will promptly notify FleetCarma of any changes to that information. You are responsible for ensuring that we have your current email address and telephone number on file. You should inform us of any changes to your email address or phone number by contacting firstname.lastname@example.org. You must notify FleetCarma immediately about any breach of security or unauthorized use of your Portal account. FleetCarma and the other Program Partners will not be liable for any losses resulting from unauthorized access to or use of the C2 Device, the Portal or any other aspect of the Program, and you may be liable to us or other parties due to any such unauthorized access or use.
FleetCarma maintains security precautions that are reasonable, given the sensitivity of the subject data, to prevent unauthorized access to data however you acknowledge that, notwithstanding such security precautions, use of or connection to the internet provides the opportunity for unauthorized third parties to circumvent such precautions and illegally gain access to data. Accordingly, FleetCarma cannot and does not guarantee the privacy, security or authenticity of any information so transmitted over the Internet.
NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE C2 DEVICE, THE PORTAL AND ALL SOFTWARE INCORPORATED INTO THE FOREGOING AND ALL SERVICES RELATED TO THE PROGRAM ARE PROVIDED TO YOU ON AN “AS-IS” BASIS, WITH ALL FAULTS, ERRORS AND DEFECTS AND WITHOUT WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND BY EITHER FLEETCARMA OR ANY OF THEIR SUPPLIERS OR ANY OF THE OTHER PROGRAM PARTNERS OR THEIR SUPPLIERS OR CONTRACTORS (COLLECTIVELY THE “PROVIDERS”). IN CONNECTION WITH THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW FLEETCARMA AND THE OTHER PROVIDERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FLEETCARMA AND THE OTHER PROVIDERS DO NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE C2 DEVICES AND DO NOT MAKE ANY REPRESENTATION OR WARRANTY THAT THE SOFTWARE INCORPORATED IN THE C2 DEVICES OR THE SERVICES PROVIDED THROUGH THE PORTAL WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, TIMELY, SECURE, OR ERROR-FREE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE PROGRAM PARTNERS, NOR ANY OF THEIR AFFILIATED ENTITIES, NOR ANY EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR REPRESENTATIVES, SUCCESSORS OR ASSIGNS OR ANY OF THEM (COLLECTIVELY, THE “PROGRAM OPERATORS”) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE OR INJURY TO PERSONS OR VEHICLES OR OTHER PROPERTY, IN CONNECTION WITH, ARISING FROM OF OR RELATED TO THE PROGRAM, THE PORTAL, OR THE INSTALLATION OR USE OF A C2 DEVICE IN YOUR VEHICLE, OR DAMAGE TO OR THE INTERRUPTION OF POWER TO ANY EQUIPMENT TO WHICH YOUR VEHICLE IS CONNECTED, EVEN IF A PROGRAM OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY TO ALL CLAIMS REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION CONTRACT, TORT, NEGLIGENCE OR OTHER THEORY OF LIABILITY). WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE PROGRAM PARTNERS’ LIABILITY FOR ANY DAMAGE CAUSED BY A C2 DEVICE OR OTHERWISE SHALL BE LIMITED TO THE PROPERTY DAMAGE DIRECTLY CAUSED TO THE VEHICLE BY THE FAILURE OF A DEVICE WHICH HAS BEEN PROPERLY INSTALLED IN THAT VEHICLE UP TO A MAXIMUM OF $250.00. YOU ALSO AGREE THAT IN NO EVENT SHALL THE PROGRAM OPERATORS BE RESPONSIBLE FOR PROBLEMS, DAMAGES OR LOSSES CAUSED BY YOU, THIRD PARTIES, OR BY AN ACT OF GOD. SOME PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE THAT YOU SHALL NOT INITIATE ANY LAWSUIT OR CLAIM AGAINST A PROGRAM OPERATOR IN CONNECTION WITH, ARISING OUT OF OR RELATED TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, THE C2 DEVICE, THE PORTAL, AND PROGRAM PARTNERS AFTER THE DATE WHICH IS ONE YEAR AFTER YOUR WITHDRAWAL FROM THE PROGRAM OR THE PROGRAM’S TERMINATION, WHICHEVER IS EARLIER.
You will indemnify, defend and hold the Program Partners and their respective Program Operators, licensors and suppliers (the “Indemnified Parties”) harmless from any claims arising out of or related to your or any additional user’s actual or alleged misuse or fraudulent use of a C2 Device or the Portal, including, without limitation, the infringement of a third party’s intellectual property rights or other rights, such as personal or privacy rights. You shall be responsible for any costs incurred by the Indemnified Parties, including, but not limited to, reasonable legal fees, disbursements and court costs in connection with any such claims on a full indemnity basis.
Without limiting any other provision of these Terms and Conditions, the Program Partners shall not be in default, and shall not be deemed to be in default, under these Terms and Conditions by reason of delay or the failure or inability to perform their obligations hereunder where the said delay, failure or inability is due solely to any cause which is unavoidable or beyond the reasonable control of the Program Partners, including without limitation any act of God or other cause which frustrates the performance of this Agreement.
These Terms and Conditions and any disputes related to them or the Program shall be governed by applicable federal law and the laws of the Province of Ontario, excluding its conflicts of law provisions.
The Program Partners are permitted to assign their respective interests in this Agreement, in whole or in part, to any person, at any time, and without notice to you. You may not assign this Agreement.
No waiver of any provision of these Terms and Conditions shall be deemed or constitute a waiver of any other provision of or any subsequent breach of these Terms and Conditions. No waiver shall be valid unless made in a writing signed by the party granting the waiver. If any provision in these Terms and Conditions is declared invalid or unenforceable, then such provision shall be severed from the remainder of these terms and conditions, which will otherwise remain in full force and effect.
Third Party Beneficiaries
To the extent Participant warrants, represents, covenants or agrees in any respect in favour of any Program Partner other than FleetCarma under these Terms and Conditions, or purports to do so, Participant acknowledges and agrees that such Program Partner and its successors and assigns constitute third-party beneficiaries thereof and that Participant and FleetCarma each hold the benefit thereof in trust for the other Program Partners and their successors and assigns. There are no other third-party beneficiaries of these Terms and Conditions and these Terms and Conditions will not be deemed to confer upon or give to any other person any claim or other right or remedy.