Driver Terms of Use

PLEASE REVIEW THESE DRIVER TERMS OF USE CAREFULLY.

Tap&Go EV and its affiliates manage a nationwide network of charging stations across Canada. By creating a Tap&Go EV User Account, using any Charging Station on the Tap&Go EV Network, or accessing the network as a Tap&Go EV Guest, you agree to these Driver Terms of Use. ALL SERVICES PROVIDED BY TAP&GO EV ON THE NETWORKS ARE SUBJECT TO YOUR ACCEPTANCE OF THESE DRIVER TERMS OF USE.

If you already have a Tap&Go EV User Account, your continued use of the account and any services provided by Tap&Go EV on the Networks signifies your acceptance of these Driver Terms of Use. Similarly, using any services on the Networks as a Tap&Go EV Guest will also indicate your acceptance of these Terms.

IF YOU DO NOT AGREE TO THESE DRIVER TERMS OF USE, YOU SHOULD CEASE USING THE NETWORKS AND CANCEL YOUR TAP&GO EV USER ACCOUNT, IF YOU HAVE ONE, BY FOLLOWING THE INSTRUCTIONS UNDER THE ‘DELETE MY ACCOUNT’ FEATURE IN THE TAP&GO EV MOBILE APP UNDER THE ‘ACCOUNT’ TAB AND ‘ACCOUNT SETTINGS’ MENU ITEM. THESE DRIVER TERMS OF USE APPLY TO YOUR USE OF YOUR TAP&GO EV USER ACCOUNT AND/OR THE NETWORKS FROM WITHIN CANADA.

NOTE: THESE DRIVER TERMS OF USE INCLUDE AN ARBITRATION AGREEMENT, REQUIRING THE PARTIES TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION AND WAIVING THE RIGHT TO FILE A CLASS ACTION LAWSUIT OR HAVE A TRIAL BEFORE A JUDGE OR JURY. THESE DRIVER TERMS OF USE ALSO CONTAIN LIMITATIONS ON LIABILITY AND DAMAGES, AS WELL AS DISCLAIMERS OF BOTH EXPRESS AND IMPLIED WARRANTIES.

1. Defined Terms

Access Card: An RFID card that provides Tap&Go EV Users access to charging services on the Tap&Go EV Network. This card has a unique identification number, allowing the Charging Station to recognize the Tap&Go EV User and their associated account.”

Charging Fees: Charges to Tap&Go EV Users or Tap&Go EV Guests for Charging Services.

Charging Services: Services that allow a Tap&Go EV User or Guest to charge their EV battery at a Charging Station through the Networks.

Charging Session: A continuous session during which a Tap&Go EV User or Tap&Go EV Guest uses a Charging Station to charge an EV battery.

Charging Station:  EV supply equipment that offers Charging Services.”

EV: an electric vehicle.

Services: TAP&GO EV LTD, having its head office and principal place of business at 12391 Horseshoe Way, Richmond, BC V7A 4X6.

Tap&Go EV Guest: You, an EV driver who has used the Charging Services and agreed to these Driver Terms of Use without creating a Tap&Go EV User Account.

Tap&Go EV Mobile App: Tap&Go EV offers a mobile application for download, providing users with access to their Tap&Go EV accounts. This app allows both Tap&Go EV Users and Guests to utilize charging services across the network and access detailed information, including maps of available charging stations.

Tap&Go EV Network: a network of Charging Stations across Canada operated and managed by Tap&Go EV and its affiliates.

Tap&Go EV EV User: you, an EV driver who has created a Tap&Go EV User Account and by doing so agreed to these Driver Terms of Use.

Tap&Go EV User Account: an account created by a Tap&Go EV User on the Tap&Go EV Website or Tap&Go EV Mobile App that gives Tap&Go EV Users access to the Charging Services and allows them to deposit funds to pay for the Charging Services.

Tap&Go EV Website: The Tap&Go EV website, found at https://www.tapgoev.com/, provides Tap&Go EV Users with access to their account information. Additionally, it offers both Tap&Go EV Users and Guests detailed information about the Networks, including maps of available Charging Stations.

Networks: The Tap&Go EV Network

Taxes: Any applicable taxes on the Charging Fees and other services provided by Tap&Go EV, including but not limited to federal and/or provincial, territorial, or municipal goods and services tax/harmonized sales tax (collectively, “Tax”), will be applied. All currency references are in Canadian dollars.

2. Acceptance of Driver Terms of Use

By using the Networks within Canada, you agree to abide by these Driver Terms of Use, the Website Terms of Use available at https://www.tapgoev.com/terms-and-conditions/, our Privacy Policy at https://tapgoev.com/privacy-policy/, and any additional terms and conditions related to the purchase or use of our products or services, including any warnings or terms posted at Charging Stations within the Networks (collectively, “Point-of-Sale Terms”). These documents collectively govern our relationship with you.

3. Changes to Driver Terms of Use

Tap&Go EV regularly reviews these Driver Terms of Use to ensure they accurately reflect our processes, operations, and any changes we may implement. As a result, we may periodically update these Driver Terms of Use at our discretion. When changes occur, we will update this page and indicate the date of the latest revision at the top of the Driver Terms of Use.

In some cases, we may notify you of changes via email (if provided) or through temporary banners or pop-up notices on our Sites, though we are not obligated to do so. Changes will be effective from the “last updated” date noted at the top of the Driver Terms of Use, regardless of whether you have been notified by other means. If you do not accept the changes, you should refrain from using the Networks and/or the Sites and cancel your Tap&Go User Account if applicable. Continued use of your Tap&Go EV User Account, the Networks, or the Sites after changes have been posted constitutes acceptance of the updated Driver Terms of Use. We encourage you to review the Driver Terms of Use periodically to stay informed of the latest version.

4. Electronic Communications and Consent to Receive SMS Messages

When you are using the Tap&Go platform, including sending e-mails from a desktop, or mobile device, or via the Tap&Go EV app, you are communicating with us electronically.  YOU ACKNOWLEDGE AND AGREE TO THE FOLLOWING:

a) You will receive communications from us electronically
b) You will receive operational communications from us electronically including, but not limited to, charging session interruptions, charging session status updates, and parking notification updates. 

By providing your mobile number, you are agreeing to be contacted by Tap&Go EV at the mobile number provided, including text messages to receive service or marketing-related communications related to the Tap&Go EV platform.  Message and data rates may apply, and message frequency may vary.

To stop receiving text messages, text the word STOP to 1-833-604-3770.  We may confirm your opt-out by text message.  If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message and/or respond to your STOP message by texting you a request to identify the services you wish to stop.  Please note, that if you stop receiving text messages from us, you may not receive important and helpful information and reminders about your EV charging services.

5. Tap&Go EV’s Commitment to Tap&Go EV Users and Tap&Go EV Guests

Tap&Go EV’s responsibility under these Driver Terms of Use is to provide Charging Services to Tap&Go Users and Tap&Go EV Guests using commercially reasonable efforts, by the terms outlined in these Driver Terms of Use.

6. Becoming a Tap&Go EV Guest

You can be a Tap&Go EV Guest and use the Charging Services without setting up a Tap&Go EV User Account. You can do so in several ways:

• By downloading the TAP&GO EV Mobile App and providing your e-mail address and payment information.
• By paying for Charging Services with an accepted credit card at Charging Stations that accept credit card payments.
• By using a radio frequency identification card

By using the Charging Services as a Tap&Go EV Guest, you accept these Driver Terms of Use and our Privacy Policy (noted above), which governs Tap&Go EV’s use of your personal information.

7. Becoming a Tap&Go User

To become a Tap&Go EV User, you need to create a Tap&Go EV User Account. You can set up a TAP&GO EV User Account from the Tap&Go EV Website (https://www.tapgoev.com) or by downloading the Tap&Go EV Mobile App.

You will need to provide the following information to create a Tap&Go EV User Account:

• Name (first and last).
• E-mail address.

By becoming a Tap&Go EV User, you agree to these Driver Terms of Use and our Privacy Policy (as mentioned above), which governs how Tap&Go EV handles your personal information. During the creation of your Tap&Go EV User Account, you will receive a link to both the Driver Terms of Use and our Privacy Policy. After setting up your account, you will receive a confirmation email at the address you provided, which will include copies of these documents. It is your responsibility to keep your Tap&Go EV User Account information, including your email address, current. You can update your information directly through your Tap&Go EV User Account or notify Tap&Go EV’s Customer Experience Team of any changes by emailing [email protected].

8. Deposits for Charging Services

To access Charging Services through your Tap&Go EV User Account, you must first deposit a minimum of $10.00 into your account. This deposit can be made via the Tap&Go EV Website or Mobile App. Subsequent deposits must also be at least $10.00. No deposit is required to use Charging Stations that are free of charge or to access Charging Services as a Tap&Go EV Guest. Deposits must be made using an accepted credit card, currently Visa® or MasterCard®. Before charging your card, an authorization process will verify the transaction amount.

Tap&Go EV employs a third-party payment processor, currently Elavon®, to securely handle credit card transactions, including deposits to your Tap&Go EV User Account. All deposits made to your account are held in a separate, segregated account. Please note that these deposits do not accrue interest and Tap&Go EV will not pay any interest on them.

9. Payment for Charging Services

You can pay for Charging Services on the Tap&Go EV Network using your Access Card, the Tap&Go EV Mobile App, or by calling the toll-free Support Number provided in Section 25 or displayed at the Charging Station. Note that using the toll-free number to start your Charging Session incurs an additional $2.00 fee. In some instances, you may also be able to pay directly with a credit card or a radio frequency identification card. Be aware that these alternative payment methods may have their own terms and conditions, which are beyond Tap&Go EV’s control. We recommend reviewing these terms before use.

Payment options on Roaming Networks may differ. Some Charging Stations may only accept payment via the Tap&Go EV Mobile App, while others might also accept credit cards, Access Cards, or features like plug-and-charge or auto-charge. Check the signage at each Charging Station for details or contact Tap&Go EV Customer Experience at the toll-free number listed in Section 25 for assistance.

When you pay for Charging Services using your Tap&Go EV User Account, the cost of the Charging Fees plus applicable Taxes will be debited from your account after each session. If Charging Fees cannot be processed immediately, the information will be saved, and your account will be debited later, which may result in charges appearing on a different date from the date of use.

After a Charging Session, your Tap&Go User Account balance might go negative, and you will need to replenish it to cover the deficit. While your account has a negative balance, you will not be able to use Charging Services.

As a Tap&Go EV Guest, paying for Charging Services with a credit card will initiate a $40.00 pre-authorization debit. After each Charging Session, your credit card will be charged only for the actual cost of the Charging Fees, plus applicable Taxes and a 1.5% transaction fee.

Ensure you have a valid credit card to pay as a Tap&Go EV Guest. If your credit card is declined for any reason, you will be unable to access the Charging Services.

Charging Fees vary by Charging Station and are set by either TAP&GO EV or the Charging Station’s site host. If you have questions about your transaction history, need corrections, or wish to dispute a transaction, contact Tap&Go EV Customer Experience at [email protected] within thirty (30) calendar days of the transaction. Provide sufficient details for Tap&Go EV to review your claim and respond with its findings. If a billing error is found, Tap&Go EV will correct it promptly. Reimbursements for billing errors will be made as follows: for Tap&Go EV Users, as a deposit to your Tap&Go EV User Account; for Tap&Go EV Guests, as a credit to the credit card used for payment.

TAP&GO EV WILL NOT BE LIABLE FOR ANY EXPENSES OR DAMAGES RESULTING FROM BILLING ERRORS. If no billing error is found, Tap&Go EV will explain its findings. Note that Tap&Go EV will not review or correct any billing error claims made more than thirty (30) calendar days after the transaction date.

If you fail to replenish a negative balance in your Tap&Go EV User Account, Tap&Go EV may close your account, terminate your access to the Networks, and potentially decline to open a new account in the future.

10. Reimbursement of Deposits

To request a reimbursement of the balance in your Tap&Go EV User Account, please contact Tap&Go EV Customer Experience at [email protected]. Reimbursements can only be requested by the credit card holder and will be issued to the same credit card used for the deposits. In exceptional cases, and at Tap&Go EV’s sole discretion, reimbursement may be provided by cheque. Please note that promotional credits deposited into your Tap&Go EV User Account have no cash value and are not eligible for reimbursement.

11. Access Card

 You can purchase an Access Card on the Tap&Go EV Website or through the Tap&Go EV Mobile App using an accepted credit card. The cost of the Access Card is the price listed on the Tap&Go EV Website at the time of purchase, plus applicable Tax. Tap&Go EV will make commercially reasonable efforts to mail your Access Card to you in Canada within ten (10) business days of purchase. If you do not receive your Access Card within twenty (20) business days, please contact Tap&Go EV Customer Experience at [email protected] for assistance.

It is your responsibility to manage the use of your Access Card. If you permit a third party, such as an employee or contractor, to use your Access Card to access the Networks, you must ensure they agree to and comply with these Driver Terms of Use. You will be held accountable for all charges and activities associated with their use.

12. Lost, Stolen or Damaged Access Card; Lost or Stolen Mobile Device

Treat your Access Card like cash and keep your Tap&Go EV User Account information confidential. If your Access Card is lost or stolen, anyone who finds it can use it until it is deactivated or removed from your Tap&Go EV User Account. You are responsible for any transactions made with your Access Card, including unauthorized transactions, and Tap&Go EV will not be liable for them.

Similarly, if your mobile device is lost or stolen, you are solely responsible for any transactions made through the Tap&Go EV Mobile App, including unauthorized transactions resulting from the loss or theft of your device, vehicle, or vehicle identifier. If your Access Card is lost, stolen, or damaged, notify Tap&Go EV Customer Experience immediately by emailing [email protected] or calling the toll-free Customer Experience Number listed in Section 25 below. Your Tap&Go EV User Account balance will be protected from the moment Tap&Go EV confirms receipt of your notice of loss, theft, or damage.

Upon receiving your notice, Tap&Go EV will delete the lost, stolen, or damaged Access Card from your Tap&Go EV User Account, rendering it unusable. If your mobile device is lost or stolen, you are responsible for deleting your Tap&Go EV User Account to prevent unauthorized use of Charging Services. You can do this by accessing your Tap&Go EV User Account on the Tap&Go EV website or through the Tap&Go EV Mobile App using another device.

Additionally, contact Tap&Go EV Customer Experience at the toll-free Customer Experience Number listed in Section 25 below for help setting up a new Tap&Go EV User Account and transferring any balance from your old account. Make sure to link any Access Cards you have to your new account.

Tap&Go EV disclaims all liability for your failure to delete your Tap&Go EV User, as may be necessary in circumstances such as those described here. You may replace an Access Card that was lost, stolen, or damaged (including by improper use or abuse) by ordering a new Access Card on the Tap&Go EV Mobile App or through the Tap&Go EV Website. You will be charged a fee equal to the current purchase price of a new Access Card plus Tax. To replace an Access Card for any other reason, contact Tap&Go EV Customer Experience by e-mail at [email protected] or by calling the toll-free Customer Experience Number listed in Section 25 below.

If a replacement is needed due to a defect in the Access Card that is not caused by improper use or abuse, Tap&Go EV will cover the cost of the replacement, including shipping fees within Canada. In the event of a dispute regarding the reason for the replacement, you agree to provide a photo of the Access Card or return the physical Access Card for inspection by Tap&Go EV if requested. Any remaining funds in your Tap&Go EV User Account will be transferred to your new Access Card before it is sent to you by Tap&Go EV.

13. Charging Station Location and Availability

For the convenience of all Tap&Go EV Users and Tap&Go EV Guests, Tap&Go EV provides a map of available Charging Stations on the Networks via the Tap&Go EV Mobile App and Tap&Go EV Website. This information is provided for informational purposes only, and, while TAP&GO EV uses commercially reasonable efforts to keep the mapping information accurate, complete and up-to-date, Tap&Go EV cannot and does not warrant that it is error-free.

TAP&GO EV ASSUMES NO DIRECT OR INDIRECT LIABILITY IF ACTUAL CHARGING STATION AVAILABILITY OR TERMS OF USE DIFFER FROM THE INFORMATION PROVIDED ON THE MAP IN THE TAP&GO EV MOBILE APP OR THE TAP&GO EV WEBSITE.

Factors that can impact the accuracy of the map include:

(a) Failure by a Charging Station owner to provide adequate maintenance or monitoring; 

(b) Failure by a Charging Station owner to inform Tap&Go EV of changes to access rules related to the Charging Station or power outages; 

(c) Force majeure situations beyond the reasonable control of the Charging Station owner and/or Tap&Go EV.

14. Charging Fees

Charging Fees are determined by Charging Station owners, which may include Tap&Go EV or third-party site hosts, at their sole discretion and in compliance with applicable laws. Some Charging Stations are free of charge. Charging Fees may be displayed differently depending on the Charging Station: on Charging Stations with screens, fees will appear on a digital display, while Charging Stations without screens, such as those mounted on poles, will have fees posted on signage. For accurate Charging Fees, review the posted signage or contact Tap&Go EV Customer Experience at the toll-free number listed in Section 25 below.

Charging Fees are also listed on the Charging Station map available on the Tap&Go EV Mobile App and Tap&Go EV Website. In case of a discrepancy, the pricing at the Charging Station takes precedence over the map pricing. Note that Taxes may apply to Charging Fees.

For Charging Stations on the Tap&Go EV Network, fees may be billed at a fixed rate, by time, by energy consumed, or a combination of these methods:

Fixed Rate: The Charging Session is billed at a fixed rate, regardless of the duration or energy used.

Time-Based: Fees are based on the duration of the Charging Session, billed to the second. Ensure to promptly replace the Charging Station connector in its holder to avoid additional charges. You are responsible for this, and Tap&Go EV is not liable for unnecessary charges due to your failure.

Energy-Based: Fees are based on the amount of energy your vehicle draws from the Charging Station.

The energy transferred is calculated at the Charging Station and may differ from your vehicle’s reported data.

Any additional fees related to Network access, such as cellular data fees, idle fees, or parking fees/tickets, are your sole responsibility.

15. Charging Sessions

Before starting a Charging Session, always review and follow any safety instructions posted on or near the Charging Station. Additionally, visually inspect the Charging Station for any visible damage. If you notice any damage, contact TAP&GO EV’s customer support team at 1-877-726-0085 to confirm whether the Charging Station is safe to use before you begin your Charging Session.

NOTE THAT WE HAVE IMPORTANT LIMITATIONS IN THESE DRIVER TERMS OF USE ON TAP&GO EV’S LIABILITY FOR ANY DAMAGE CAUSED WHILE USING A CHARGING STATION ON THE NETWORKS.

Charging Sessions on the Tap&Go EV Network

A Tap&Go EV Guest, or a Tap&Go EV User with a valid Tap&Go EV User Account containing a positive balance of any amount, may each use the Charging Services at any available Charging Station on the Tap&Go EV Network.

To activate a Charging Station that is on the Tap&Go EV Network, you must either:

• Tap your Access Card on the designated area on the Charging Station;
• Use your smartphone to find the Charging Station through the Tap&Go EV Mobile App and follow the instructions to start the activation process; or
• Call Tap&Go EV’s customer support team at the toll-free Support Number listed in Section 25 below or posted on the Charging Station and provide your Tap&Go EV User Account number (an additional fee of $2.00 is applied when using the toll-free number).

In some cases, you may also be able to activate a Charging Station that is on the Tap&Go EV Network by using a credit card, or a radio frequency identification card.  Please review the signage at the individual Charging Station for details or call Tap&Go EV’s customer support team for assistance.

16. Transaction Receipt

After each Charging Session, you will receive a receipt of the transaction.

If (a) you activated the Charging Session through your Tap&Go EV User Account, then you will receive the receipt at the e-mail address specified in your Tap&Go EV User Account.

If (b) you activated the Charging Session as a Tap&Go EV Guest by using the Tap&Go EV Mobile App, then you will receive a receipt at the e-mail address you provided before starting your Charging Session.

If (c) you activated the Charging Session through your Tap&Go EV RFID card, then you will receive the receipt at the e-mail address specified in your Tap&Go EV User Account.

The receipt issued by Tap&Go EV in the circumstances described above in (a),(b), or (c) will specify that your Tap&Go EV User Account (or credit card, if you used the Charging Services as a Tap&Go EV Guest) has been debited for the Charging Fees associated with the Charging Session. It will also specify the following information:

• Access Card identification.
• Name of Park (group of Charging Stations in which Charging Station is located).
• Name and address of Charging Station.
• Date and time of the start of the Charging Session.
• Date and time of the end of the Charging Session.
• Energy consumed.
• Duration of Charging Session.
• Rate of Charging Session.
• Applicable Taxes.
• Cost details and total cost of the Charging Session.
• Balance of Tap&Go EV User Account (for Tap&Go EV Users only.

Please note that Tap&Go EV Charging Stations do not provide physical receipts.

17. Charging Station Availability

To determine whether a Charging Station is available for use, please consult the Tap&Go EV Mobile App or the Tap&Go EV Website

TAP&GO EV ASSUMES NO DIRECT OR INDIRECT LIABILITY IN THE EVENT THAT THE ACTUAL CHARGING STATION AVAILABILITY OR STATUS DIFFERS FROM THE INFORMATION PROVIDED ON THE TAP&GO EV MOBILE APP OR THE TAP&GO EV WEBSITE.

18. Obligations of Tap&Go EV Users and Tap&Go EV Guests

You agree to pay all Charging Fees for the Charging Services you initiate or access through any of the methods described in Section 8 above. You commit to using the Charging Services responsibly and by these Driver Terms of Use, as intended.

To use the Charging Services, ensure your electric vehicle is in good working condition and that its battery and connecting apparatus are compatible with the Charging Station. You must also comply with all applicable laws, regulations, and rules related to the Charging Stations and their locations.

You are solely responsible for any damage to the Charging Station or its surrounding area. If damage occurs, promptly notify Tap&Go EV Customer Experience in writing at [email protected]. Please provide details including the location, Charging Station number, type of damage, and, if available, a photo of the damage.

As a Tap&Go EV User, you confirm that all information in your Tap&Go EV User Account is accurate and current. You agree to update your account information within a reasonable time if it changes. As a Tap&Go EV Guest, you affirm that all information provided via the Tap&Go EV Mobile App is accurate and up-to-date.

You agree not to perpetuate any fraud or engage in any unlawful action against Tap&Go EV or its affiliates in relation to the Charging Stations or the Networks. Should Tap&Go EV discover that you have engaged in any such action in breach of these Driver Terms of Use, in addition to any other remedies available in these Driver Terms of Use or at law, Tap&Go EV reserves the right to calculate and deduct any amount owing from your TAP&GO EV User Account or, if you are a Tap&Go EV Guest, the credit card you used to start a Charging Session. 

19. Use of the Tap&Go EV Website and Tap&Go EV Mobile App

You may access and use the Tap&Go EV Website and Tap&Go EV Mobile App to obtain information regarding Charging Station locations on the Networks, trip mapping and other content and features that Tap&Go EV may make available from time to time. Use of the Tap&Go EV Website and Tap&Go EV Mobile App are subject to Tap&Go EV’s Website Terms of Use and Privacy Policy. You acknowledge and agree that Tap&Go EV may modify the Tap&Go EV Website and Tap&Go EV Mobile App in any way and at any time, with or without notice. You further acknowledge and agree that, while Tap&Go EV has attempted to provide accurate information on the Tap&Go EV Website and Tap&Go EV Mobile App, such information may change frequently.

IN NO EVENT WILL TAP&GO EV BE RESPONSIBLE FOR THE ACCURACY, USEFULNESS OR COMPLETENESS OF ANY INFORMATION, MATERIALS OR OTHER CONTENT ON THE TAP&GO EV WEBSITE OR TAP&GO EV MOBILE APP, NOR DOES TAP&GO EV WARRANT THAT ANY SUCH INFORMATION, MATERIALS, OR OTHER CONTENT IS UP-TO DATE. 

20. Personal Information

Your use of the Charging Services generates data and personal information that is subject to the terms of the Tap&Go EV Privacy Policy. 

21. Term and Termination

The Driver Terms of Use will remain in effect for the matters covered until Tap&Go EV decides to terminate them. You can end your agreement with Tap&Go EV at any time, for any reason or no reason, by cancelling your Tap&Go EV User Account. This can be done without fees or penalties, except as outlined herein, including settling any negative balance in your account. To cancel, use the ‘Delete My Account’ feature found under the ‘Me’ and ‘My Account’ tabs in the Tap&Go EV Mobile App. Even after cancellation, the provisions of these Driver Terms of Use will still apply to any activities that occurred prior to termination, including those in Sections 22, 23, 24, 31, and 33.

Tap&Go EV also has the right to terminate your Tap&Go EV User Account at any time, for any reason or no reason. When your account is terminated, it will be closed, and any remaining balance will be reimbursed to you, minus any amounts owed to Tap&Go EV as detailed in Section 9.

22. Violation of Driver Terms of Use

You agree that Tap&Go EV may, at its sole discretion and without prior notice, terminate your access to the Networks or block your future access if it determines that you have violated these Driver Terms of Use or any related agreements or guidelines. You also acknowledge that such violations could cause irreparable harm to Tap&Go EV, for which monetary damages would be insufficient. Therefore, you consent to Tap&Go EV seeking any injunctive or equitable relief it deems necessary or appropriate under these circumstances. These remedies are in addition to any other legal or equitable remedies Tap&Go EV may pursue.

YOU AGREE THAT TAP&GO EV WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR THE TERMINATION OF YOUR ACCESS TO THE NETWORKS OR SITES FOR ANY REASON.

23. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE NETWORKS, CHARGING STATIONS, SITES, AND ACCESS CARDS IS AT YOUR OWN RISK. THESE SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES, EITHER EXPRESS OR IMPLIED. THIS INCLUDES BUT IS NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. TAP&GO EV PROVIDES THE NETWORKS, SITES, AND ACCESS CARDS ON A COMMERCIALLY REASONABLE BASIS, SUBJECT TO SITE CONDITIONS, SITE RULES, CHARGING STATION RULES, AND OTHER FACTORS THAT MAY LIMIT TAP&GO EV’S OR A CHARGING STATION HOST’S ABILITY TO PROVIDE THESE SERVICES. TAP&GO EV DOES NOT GUARANTEE THAT YOU WILL ALWAYS BE ABLE TO ACCESS OR USE THE CHARGING STATIONS, SITES, OR ACCESS CARDS AT ANY SPECIFIC TIME OR LOCATION, OR THAT CHARGING STATIONS WILL BE AVAILABLE IN ANY PARTICULAR AREA. YOUR ACCESS TO AND USE OF THE NETWORKS, CHARGING STATIONS, SITES, AND ACCESS CARDS ARE ENTIRELY AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO OR LOSS OF YOUR EV, MOBILE DEVICE, OTHER PROPERTY, OR ANY OTHER DAMAGES OR LOSSES (INCLUDING BODILY INJURY) THAT MAY RESULT FROM SUCH ACCESS OR USE.

TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, TAP&GO EV MAKES NO WARRANTY REGARDING THE NETWORKS, THE CHARGING STATIONS, THE SITES, THE ACCESS CARDS AND/OR THEIR CONTENT AND EXPRESSLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT:

• THEY WILL MEET YOUR NEEDS AND EXPECTATIONS;
• THEY WILL BE ACCURATE, COMPLETE, RELIABLE OR RELEVANT;
• THEIR OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
• THE METHOD OF BILLING SELECTED BY THE SITE HOST COMPLIES WITH APPLICABLE LAW
• DEFECTS OR ERRORS WILL BE CORRECTED; OR
• CHARGING STATIONS WILL PROVIDE A SPECIFIC QUANTITY OF ELECTRICITY.

24. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER TAP&GO EV, NOR ITS AFFILIATES (INCLUDING PARENT COMPANY HOLINOVA TECHNOLOGY INC.), ANY CHARGING STATION OWNER OR HOST, NOR ANY CHARGING STATION SPONSOR OR ADVERTISER, INCLUDING THEIR EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, “TAP&GO EV REPRESENTATIVES”) WILL BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER. THIS INCLUDES BUT IS NOT LIMITED TO, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR SPECIAL DAMAGES (SUCH AS PAIN AND SUFFERING, BODILY INJURIES, EMOTIONAL DISTRESS, DAMAGE TO BUSINESS OR REPUTATION, LOSS OF INFORMATION, DATA BREACHES, LOSS OF PROFIT, REVENUE, INCOME, SALARY, OR OTHER EMPLOYMENT COMPENSATION) ARISING FROM OR RELATED TO THE USE OR PERFORMANCE OF THE NETWORKS, CHARGING SERVICES, CHARGING STATIONS, ACCESS CARDS, SITES, OR THEIR CONTENT. THIS APPLIES EVEN IF TAP&GO EV OR ANY TAP&GO EV REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE FORESEEABLE.

TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, TAP&GO EV AND TAP&GO EV REPRESENTATIVES DISCLAIM ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO USERS OF THE NETWORKS OR ANY CHARGING SERVICES OR ANY CHARGING STATION OR ANY ACCESS CARD, OR OWNERS OR OPERATORS OF CHARGING STATIONS OR ANY OWNER, OPERATOR, LICENSEE, OCCUPANT OR OTHER PERSON ON OR RESPONSIBLE FOR ANY PROPERTY ON WHICH A CHARGING STATION IS LOCATED AND MAY IN NO CASE BE HELD LIABLE, WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR FRAUD), STATUTORY VIOLATION (INCLUDING, BUT NOT LIMITED TO, UNFAIR BUSINESS PRACTICES) OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGE (INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR INCIDENTAL DAMAGES) OR COSTS ARISING IN ANY MANNER FROM:

• THE ACTS, OMISSIONS OR CONDUCT OF A THIRD PARTY; AND
• THE USE OF OR INABILITY TO USE THE NETWORKS, ANY CHARGING SERVICES, ANY CHARGING STATION, ANY ACCESS CARD.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE DRIVER TERMS OF USE, TAP&GO EV IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE NETWORKS, THE CHARGING SERVICES, A CHARGING STATION, AN ACCESS CARD, THEN, TO THE MAXIMUM EXTENT ALLOWABLE BY APPLICABLE LAW, TAP&GO EV’S LIABILITY, WHETHER IN CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY, OR FRAUD), STATUTORY VIOLATION (INCLUDING, BUT NOT LIMITED TO, UNFAIR BUSINESS PRACTICES) OR ANY OTHER LEGAL THEORY, SHALL IN NO EVENT EXCEED THE GREATER OF

(1) THE TOTAL OF ANY CHARGING FEES INCURRED ON THE NETWORKS AND PAID TO TAP&GO EV ARISING FROM YOUR USE OF THE NETWORKS IN THE SIX (6) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST TAP&GO EV(FOR GREATER CERTAINTY NOT INCLUDING THE PURCHASE PRICE FOR ANY TAP&GO EV HARDWARE OR SOFTWARE PRODUCTS OR ANY TAP&GO EV EXTENDED WARRANTIES OR SIMILAR SUPPORT PROGRAM), OR

(2) $100.00. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY MAY NOT PREJUDICE YOUR STATUTORY RIGHTS. 

25. Indemnification

To the maximum extent allowable by applicable law, you will indemnify, defend and hold Tap&Go EV and Tap&Go EV Representatives (the “Indemnified Parties”) harmless from and against any claims brought by third parties against the Indemnified Parties resulting from:
• Any breach by you of the Driver Terms of Use;
• Any damage you cause to a Charging Station, the Networks, the property of Tap&Go EV or a third party while you are in the process of using a Charging Station or the Networks (including driving to or from same); or
• Your violation of any applicable law, rule or regulation. You agree that the Indemnified Parties will have no liability, whether in contract, breach of warranty, tort (including, without limitation, negligence, strict liability, or fraud), statutory violation (including, but not limited to, unfair business practices) or any other legal theory, in connection with any such claim and agree to hold them harmless against any and all resulting losses, damages, judgments, awards, costs, expenses, as well as judicial and extrajudicial fees and costs. 

26. Tap&Go EV Contact Information

You can send TAP&GO EV an e-mail at [email protected].

You can access the TAP&GO EV’s Website at https://www.tapgoev.com.

You can send mail to TAP&GO EV at the following address:
Tap&Go EV LTD. 12391 Horseshoe Way, Richmond, BC, V7A 4X6, Canada

For support using Charging Stations, or other inquiries you can contact TAP&GO EV’s customer support team at 1-877-726-0085 seven days a week from 8 AM – 5 PM Pacific Standard Time.

For questions relating to the Tap&Go EV Website, you can e-mail [email protected]. For questions relating to privacy, you can e-mail [email protected]. 

27. E-mail

Email communication is neither secure nor confidential. Messages sent via email or other electronic means may be lost, intercepted, or otherwise compromised. No electronic system is completely immune to errors or security breaches. Tap&Go EV will not be liable for any damages resulting from the exchange of messages, whether generated by you or by Tap&Go EV.

28. Copyright

All texts, images, photographs, information, audio clips, video clips, software, and codes available on the Sites and Charging Stations within the Tap&Go EV Network (collectively referred to as “Content”), as well as their presentation, are protected by applicable laws, including copyright laws, and are owned by Tap&Go EV, its affiliates, or its licensors. As long as you agree to and comply with these Driver Terms of Use, Tap&Go EV grants you a personal, non-exclusive, non-transferable license to use and display the Sites and their Content on your computer, mobile phone, or other electronic devices solely for personal and non-commercial purposes. Modification, reproduction, distribution, transmission, dissemination, representation, networking, marketing, publication, licensing, public performance, downloading, creation of derivative works, internet posting, sale, or any other exploitation of the Sites and their Content is strictly prohibited.

29. Software

All software integrated into or included on the Tap&Go EV Network and the Sites, including all files and images generated by or contained within such software, is protected by copyright and may be subject to additional rights. This software is owned by Tap&Go EV, its affiliates, or its licensors.

You may not:
(i) use, reproduce, modify, adapt, translate, download or transmit the software, in whole or in part;
(ii) sell, lease, rent, license or transfer the software or otherwise allow access thereto;
(iii) alter, remove or cover any trademark or notice of ownership included in the software; and/or
(iv) decompile, disassemble, decrypt, extract or reverse-engineer the Sites and its components, including, without limitation, the software, or assist anyone to do so. You acknowledge that you do not hold any right, title, interest or license to or in the software integrated into the Sites or that may be downloaded from the Sites.

30. Trademarks

Certain names, words, titles, phrases, graphics, logos, icons, and designs associated with the Tap&Go EV Network or the Sites may be trademarks or service marks owned by Tap&Go EV or other service providers, used with permission from third-party owners (collectively, the “Trademarks”). You agree not to remove, modify, copy, or otherwise alter or use these Trademarks or any other proprietary information.

31. Void Where Prohibited

The Networks are intended for use only within Canada and are not authorized for use outside the country. Tap&Go EV makes no representations or warranties regarding the legality of the Networks or the information provided on them in jurisdictions beyond Canada, nor do we guarantee their availability in other regions. If you access or use the Networks from outside Canada, you are responsible for ensuring compliance with all applicable local laws. 

32. Arbitration, Waiver of Right to Jury Trial, and Class Action Waiver

You and Tap&Go EV agree that any controversy or claim arising from or related to these Driver Terms of Use, which cannot be resolved through negotiation—including disputes regarding the validity, existence, or breach of these terms—shall be settled exclusively by final and binding confidential arbitration. This arbitration will be conducted in English and administered by ICDR Canada according to its Canadian Arbitration Rules, with a single arbitrator.

Except as required by law, neither party nor its representatives may disclose the existence, content, or results of any arbitration related to these Driver Terms of Use, including any documents exchanged during the proceedings, without the prior written consent of the other party. To initiate arbitration, please complete the form available on the ICDR Canada website: (https://www.icdr.org/icdrcanada).

Notwithstanding this, either party may seek individual injunctive or other equitable relief in a court of proper jurisdiction while awaiting the arbitrator’s final decision.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ALL CLAIMS WILL BE BROUGHT ON AN INDIVIDUAL BASIS, YOU WAIVE ANY RIGHT YOU MAY HAVE TO START OR PARTICIPATE IN ANY CLASS ACTION AGAINST TAP&GO EVAND YOU AGREE TO OPT OUT OF ANY CLASS PROCEEDING AGAINST TAP&GO EV. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL. 

33. Choice of Law; General Provisions

By using the Networks from within Canada, you agree, to the extent permitted by applicable law, that these Driver Terms of Use are governed by and interpreted under the laws of your province of residence and the federal laws of Canada applicable therein, excluding any conflict of laws principles that might require the application of laws from another jurisdiction. If any provision of these Driver Terms of Use, or any document incorporated by reference, is found to be invalid or unenforceable, that provision will be considered severable and will not impact the validity or enforceability of the remaining provisions, which will continue in full force and effect.

These Driver Terms of Use and any incorporated documents constitute the entire agreement between the parties concerning the subject matter and replace all prior or contemporaneous agreements or understandings, whether written or oral. Each party acknowledges that it has not relied on any statement, representation, assurance, or warranty not expressly set out in these Driver Terms of Use, except in cases of fraud. No part of this sentence shall limit liability for fraud or fraudulent misrepresentation.

Any waiver of a provision of these Driver Terms of Use will only be effective if it is in writing and signed by Tap&Go EV. The failure of any party to assert any right under these Driver Terms of Use will not be deemed a waiver of that right, and such rights will remain fully enforceable. You may not assign these Driver Terms of Use or any rights under them. Tap&Go EV may, at its sole discretion, assign these Driver Terms of Use or any rights under them to any third party without prior notice to you.

34. Third-Party Cellular Transmission Service

Where Tap&Go EV or its parent company Holinova Technology  subscribes to a telecommunication service to assist in providing the Charging Services, you acknowledge and agree that:

(1) Tap&Go EV Users and Tap&Go EV Guests are not third-party beneficiaries of a contract between Holinova Technology Inc. and the company providing a telecommunication service (the “Company”),

(2) the company has no liability to Tap&Go EV Users or Tap&Go EV Guests, whatever its nature, including, without limitation, with respect to devices, services, cellular carrier network availability, speed of communications, loss or theft of devices, and content,

(3) the company provides services without warranty of any kind, including, without limitation, communications security,

(4) Tap&Go EV Users and Tap&Go EV Guests may not:
a) use the services in an abusive, illegal or offensive manner, (b) use excessive data or cellular network capacity, and (c) modify, reproduce (including electronic serial numbers or other components) or resell the services; in all such cases, the services may be terminated or suspended, and

(5) the company may enforce this paragraph and this schedule as a third-party beneficiary.

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