Terms of Use

General Terms

Your use of this internet site, www.echargenetwork.com and all affiliated sites and mobile applications (collectively, the “Site”) and any software or services (including but not limited to the location and availability of the electric vehicle charging stations) offered on or through the Site (collectively, the “Services”) are subject to these Terms of Use (the “Terms”). The terms “you” or “your” as used in these Terms refers to all individuals and/or entities accessing the Site for any reason. If you do not agree to these Terms, you agree not to use or access the Services and the Site. If you are agreeing to these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. Your registration for or use of the Site and the Services is deemed to be your agreement to abide by these Terms, including any modifications that We or the Service Provider makes. We have made every effort to ensure that the information and material (the "Content") of this Site is complete, accurate and up to date; however, some of the Content may be dated and errors or omissions may still occur.  New Brunswick Power Corporation (sometimes referred to as “NB Power”, “We”, “Us”, or “Our”) has engaged AddÉnergie Technologies Inc. (sometimes referred to as the “Service Provider”) to provide New Brunswick’s public online network of electric vehicle charging stations known as the “eCharge Network”.  The Service Provider provides network hosting and operational services for the eCharge Network. NB Power reserves the right to change the Service Provider at any time and without notice.  We and the Service Provider reserve the right to suspend at any time, without warning, full or partial access to the Site, the Content, or the Services.  We or the Service Provider may modify these Terms at any time by posting revised Terms on the Site and prices, locations and availability of Services are subject to change without notice.  You are responsible for regularly reviewing these Terms, the Site, and the Services for any changes. If We or the Service Provider notifies you of any changes to any portion of the Terms, the Site, the Content, or Services, your only remedy is to terminate your participation in the Site or the Services. Your continued use of the Site and Services after any such change to the Site, Services, Content, or these Terms constitutes your acceptance to any such change.  If you do not accept the Terms, please do not use the Site.

Your Use of the Site 

You are prohibited from and agree not to submit on the Site any information that is inappropriate, obscene, or fraudulent. You are prohibited from and agree not to engage in any activity related to the use of the Site that constitutes a criminal offence or unlawful action. You agree to indemnify and hold us harmless from all causes of action arising from any of your actions or inactions related to your use of the Site in violation of this paragraph. 

No Warranties

The Content of the Site is offered on an "as is" basis and without warranties or conditions of any kind, express or implied. We cannot and do not represent, warrant or guarantee that the Site, the Content or the Services will meet your needs, be accessible at all times, without interruption or error, that there will be no delays or loss of transmitted information, that no viruses or other destructive properties will be transmitted to your computer system or that no damage will occur to your computer system, or that any e-mail or online form is secure (that it will remain private and/or confidential) or error-free as e-mail can be intercepted, corrupted, lost, destroyed, arrive late or incomplete. Further, we do not accept responsibility and will not be liable to you or to any third party should any of the above circumstances occur.  It is your responsibility to ensure that you protect your computer equipment and that you back up and take precautions for the protection and safekeeping of the data contained on your computer system, platform and devices from viruses or other destructive properties.  If you decide to transmit information that you consider sensitive, personal, private or confidential via the internet, you do so at your own risk and you agree to accept all responsibility and incur all damages (if any) should any of the above circumstances occur.

Disclaimer

We shall not be held liable or responsible for any losses or damages that may result either directly or indirectly, and which might arise or occur as a result of your reliance upon, use of, or inability to access the Site, the Services, or the Content, or from any difficulties that you may experience while accessing or using the Site or the Services including: an interruption of Service; a network failure; the malfunction of any equipment, computer hardware or software; or any faulty, incomplete, incomprehensible or deleted transmission, whether or not such difficulties have been brought to Our attention. In general and without limiting the specific cases of limitation of liability mentioned above, and notwithstanding any provisions to the contrary, we shall not be held responsible for any damages that may result from or relate to the Services, the Site and/or its Content.

We assume no responsibility or liability that may arise from any unlawful content of any user’s submissions or uploads.

General Policy for Purchases

When making purchases or other transactions through the Site, you may be asked to supply certain information, including credit card or other payment details. You agree that all information you provide will be true, accurate, current and complete. You agree to pay all charges incurred by you or other users of your account and credit card at the prices in effect when such charges are incurred. You also will be responsible for paying all applicable taxes, if any, relating to purchases on Our Site.

Online Account and Registration Information

When you register on the eCharge Network, you select your own user ID and password. The only way to access any account information is by entering your valid user ID and your password.  You will promptly update your account to keep it accurate, current, and complete.  If We issue you a password, you may not reveal it to anyone else. You may not use anyone else’s username and password. You are responsible for maintaining the confidentiality of your account and passwords. We will not be responsible for any loss or damage that may result if you fail to comply with these requirements. 

Payment

You may use a credit card issued in Canada by Visa™, MasterCard™, or American Express™ to pay for your transaction.

Sales Taxes

In accordance with the legislation in force, no sales tax is applied to the prepayment of your account through the Transactional Pages of the Site. Applicable taxes will be collected as part of the rate for Services.

Confirmation of Your transaction

Once your transaction is complete, the Service Provider will verify the validity of the information you have provided, specifically your method of payment and billing address. The Service Provider reserves the right to cancel the transaction without providing a reason. If the Service Provider cancels your transaction, they will notify you by e-mail at the address you have provided.  When the Service Provider cancels a transaction, it does not usually charge the amount to your credit card; however, if this should happen, the Service Provider will refund the amount or ensure that your card is credited for the same amount.

Links and Software

We have provided links to and from other third party internet sites owned by third parties for informational purposes and for the convenience of you, of our customers and of the public. We do not endorse, review, approve or control, nor are we in any way responsible for or affiliated with any of the linked sites, the persons or companies named therein, the content of the sites, or the products or services offered or mentioned therein. Your decision to use links to other sites is at your own risk. We shall not be liable to you, to its customers or to any other person for any difficulties, consequences, losses, or damages whatsoever, either direct or indirect, which might arise or occur as a result of your reliance upon, use of, or inability to use the links provided to other sites, including links to downloadable software sites or problems, difficulties or consequences resulting from your decision to download any software. Your use of any software is governed by the terms of the licence agreement or conditions, if any, which accompanies the software or third party internet site.  We have no control over sites that are not Ours, and We are not responsible for any use of such sites or content on them. Our inclusion on the Site of any third party content or link to a third party site is not an endorsement of that content or third party site.

Social media Web sites

Certain pages of the Web site may be accessible through the following social media Web sites: Facebook, Twitter, YouTube and LinkedIn. Before consulting or using our webpages on these social media Web sites, you must read and comply with their respective terms of use and confidentiality policy.  We additionally reserve the right to discontinue uploading information to such sites, in which case We shall not be held responsible for any damages that you may incur.

Use of Mobile Devices

There is no cost for use of mobile services currently provided on the Site, but you acknowledge that your mobile device carrier’s normal rates and fees will continue to apply.

You acknowledge and agree that your use of Our mobile services currently provided on the Site is subject to any restrictions, limitations, and deficiencies of any kind of your mobile device carrier.

You provide consent and all rights necessary to sync (including through an application) your devices with any information that is visible to you through the Site.

Service Communications

You understand and agree that the Site, the Content and the Services may include communication such as service announcements and administrative messages from Us or the Service Provider.  You may not be able to opt out of receiving these service announcements and administrative messages while using the Site and the Services.  You also understand that the Site and the Services may include advertisements.

Trademarks and Intellectual Property

Certain names, words, titles, phrases, graphics, logos, icons or designs used on the Site may be trademarks belonging to the Us, members of the eCharge Network, the Service Provider or used with the consent of third-party owners. You agree not to remove, edit or otherwise alter trademarks, service marks, logos and other proprietary information contained on the Site. Trademarks and the information contained on the Site, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining Our prior written consent.

Protection of Privacy and Confidentiality

We are strongly committed to protecting the privacy of Our customers and to maintaining the confidentiality of any and all information obtained from its customers. We use industry standard Transport Security Layer (TLS) encryption technologies (256-bit), to protect your personal information. 

In providing Services through the Site you acknowledge that your personal information may be collected and retained by non-resident companies or other third parties hired by NB Power or the Service Provider to provide services to NB Power, the Service Provider, or you.  As such, by using any portion of the Site you acknowledge that your personal information may be disclosed in accordance with the law applicable to such non-resident companies or third party Service Providers, and you hereby consent to such collection and possible disclosure.  

Any information you provide to Us or the Service Provider, is subject to Our Privacy Policy, which governs Our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in Our Privacy Policy) of this information.

Our Privacy Policy - Protecting Your Personal Information

We are committed to protecting the privacy of our customers and maintaining the confidentiality of all personal information collected. 

Typically, We use your personal information for invoicing and billing, collection of overdue account and day-to-day business communications.

Any personal information collected by our employees is handled in accordance with corporate policies, our Code of Ethics and the Province of New Brunswick’s Right to Information and Protection of Privacy Act.

Under this Act, personal information is considered to be recorded information about an identifiable individual.  This can include, but is not limited to, the customer’s name, address, e-mail address, telephone number, fax number, date of birth and financial information.

If you have any questions or concerns regarding the collection of this information, please contact us toll-free at 1-800-663-6272.

Sharing of Information

Your personal information will not be shared with third parties other than as explained in this Confidentiality Policy, except as required or authorized by law, or as ordered by a competent court.

The Service Provider may share the information collected with the eCharge Network and third party service providers, including the purposes outlined below.

Only authorized personnel of the eCharge Network, of the Service Provider, and of our service providers who require this information to perform their duties will have access to the file containing your personal information, which will be held at our offices or on our servers or those of our service providers.

We may also share this information with third parties for audit purposes.  We may share with third parties certain pieces of non-personally identifiable information and aggregated non-personally identifiable information, for example, the number of customers located in a certain geographic area or how many hours a day customers with an electric vehicle are using EV Chargers.

IT Security

The Service Provider complies with the applicable law governing the protection of personal information. In addition, the Service Provider uses encryption techniques to guarantee the confidentiality of the information exchanged between you and the Service Provider within Transactional Pages. The Service Provider also protects information exchanged when the Site is accessed through a non-secure platform or in a public location, which could endanger the confidentiality of your personal information. However, neither the Service Provider nor NB Power shall be held responsible for any damages that you may incur as a result of your access to the Site under any such circumstances.