Last updated Sept 6, 2018
Terms and Conditions; Voluntary Participation
Thank you for your interest in the Charge BC Program (“Charge BC” or the “Program”) that is being offered by HER MAJESTY THE QUEEN IN RIGHT OF THE PROVINCE OF BRITISH COLUMBIA, represented by the Minister of Energy, Mines and Petroleum Resources (the “Province”), BRITISH COLUMBIA HYDRO AND POWER AUTHORITY (“BC Hydro”), and CrossChasm Technologies Inc, carrying on business as FleetCarma (“FleetCarma”). The Province, BC Hydro, and FleetCarma may be referred to herein as the “Program Partners”.
The Program Partners reserve 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/chargebc/terms. Please check this page periodically. Your continued participation in Charge BC will constitute your acceptance of any modifications to these Terms and Conditions.
Who May Participate in Charge BC
All Participants in Charge BC must be at least 18 years old. By accepting these Terms and Conditions, you are representing and warranting to the Program Partners that you are at least 18 years old, you have read these Terms and Conditions, and you are legally competent to accept these Terms and Conditions.
In addition, Participants in Charge BC should own or lease a light-duty battery electric vehicle or plug-in hybrid electric vehicle (“EV”) and be resident in British Columbia.
FleetCarma is providing Participants with C2 vehicle logger devices (the “C2 Devices”) for the Program. The Program Partners intend to make 100 C2 devices available. Participants will generally be selected on a first come, first serve basis, subject to C2 Device availability, at the time of application review. However, because the Program Partners wants to learn about a variety of different EV types and charging behaviour in different regions, Participant selection may, in the Program Partners’ sole discretion, be based in part on the EV make, model, and location indicated on a prospective Participant’s Charge BC application. The submission of an application to register in the Program does not guarantee selection for the Program and Participant selection decisions will be made by the Program Partners in their sole and absolute discretion and all selection decisions are final and binding.
Information about Charge BC
The Program Partners have developed Charge BC in order to learn more about light-duty battery electric vehicles and plug-in hybrid electric vehicles (“EVs”) and to learn more about the EV driving and charging patterns and preferences of EV drivers. If you are selected to participate in Charge BC, you will be provided with a C2 Device for installation in the on-board diagnostics port (“OBD II Port”) of your vehicle, or in the case of Teslas, in the proprietary diagnostics connector.
During and after your participation in the Program, you may be asked to participate in follow up surveys, studies, audits, evaluations or verifications conducted by the Program Partners or their agents or service providers in connection with the Program. While we hope that you choose to participate in these surveys, your participation will be completely voluntary.
Participants will be able to view certain data collected by the C2 Device installed in her/his EV through personal log-in access to the FleetCarma’s portal (the “Portal”). In order to log into the Portal, 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 makes 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 disclaims any and all liability with respect to such matters.
The C2 Device: How it Works
Subject to availability, the C2 Device will be mailed to a selected Participant after eligibility has been determined. Selected Participants should expect to receive the C2 Device (free of charge) after receiving a notice of acceptance to participate in the Program.
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 firstname.lastname@example.org. Installation instructions are provided without representation or warranty of any kind by FleetCarma.
Data Collected by the C2 Device and Privacy
In order to conduct the Program and to provide Participants with the products and services outlined in this agreement and appropriate customer service, and to enhance and improve these products and services, 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, % hard acceleration, % hard braking, electric km fraction (if EV is a plug-in hybrid electric vehicle, the % of km the car ran on electric), ambient temperature, GPS coordinates of the drive, 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. With the specific exclusion of GPS coordinates when driving, an anonymized subset of the data outlined above may be shared with the Province and BC Hydro and other third party suppliers. GPS coordinates during driving 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 project, 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 will collect 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.
Collected information that is transferred to FleetCarma will be retained by FleetCarma for an indefinite amount of time.
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.
How to Participate in the Charge BC Program
If you wish to participate in Charge BC, you must do the following:
Submit your application which can be found at https://www.fleetcarma.com/chargebc. The Charge BC team will review your application to confirm eligibility. If accepted, FleetCarma will send you a confirmation email and send you a C2 Device with instructions for installation of the C2 Device.
Can the C2 Device be Transferred to Another Vehicle?
Pending approval from the Charge BC 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 email@example.com if you wish to transfer your device to a new EV.
Withdrawal from the Program and Expected Duration of Program
Your participation in Charge BC 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 Fleetcarma of your withdrawal at firstname.lastname@example.org. You are not obligated to return any C2 Device that has been installed in your EV.
The Program Partners expect the Charge BC Program to continue until April 30, 2021. However, the Program Partners reserve the right to terminate the Charge BC 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.
Ownership of the Devices
The Program Partners will provide, free of charge, a C2 Device for each EV registered in the Program. In addition, for so long as the Program is in effect and the Participant continues her/his participation in the Program, the Participant may access the Portal. A Participant who installs a C2 Device in her/his EV is free to keep the device after withdrawal or termination from the Program or the termination of the Program.
FleetCarma is providing Devices for use only by eligible, selected Participants. Therefore, Participants have no right to sell, transfer or assign C2 Devices provided to them in connection with the Program or the Portal access rights provided to Participants.
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.
Intellectual Property Ownership
The Portal, C2 Devices and related software, and all data collected during the Program is the sole and exclusive property of FleetCarma. \All intellectual property developed by FleetCarma, including modifications, enhancements, and changes to its products (including the C2 Devices, the Portal, and all related software) and services, and 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 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 Program Participation application 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 email@example.com. You must notify FleetCarma immediately about any breach of security or unauthorized use of your Portal account. FleetCarma 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 commercially reasonable security precautions 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, FLEETCARMA PROVIDES THE C2 DEVICE, THE PORTAL AND ALL SOFTWARE INCORPORATED INTO THE FOREGOING AND ALL SERVICES RELATED TO THE PROGRAM 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. IN CONNECTION WITH THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED BY LAW FLEETCARMA DISCLAIMS 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 DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE C2 DEVICES. FLEETCARMA DOES 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 DAMGAGES 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 INTERREPUTION 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 LIABLITY). 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 $1,000. 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 CHARGE BC 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 its 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 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.
No Third Party Beneficiaries
These Terms and Conditions are for the benefit of The Program Partners and their respective successors and assigns with respect to your obligations under these Terms and Conditions and for your benefit with respect to your rights under these Terms and Conditions. There are no third party beneficiaries under 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.