“e:PROGRESS App” Terms of Use
These “e:PROGRESS App” Terms of Use (these “Terms“) set out the terms of use of the App provided by Honda Motor Europe Ltd., a company incorporated and registered in England and Wales under number 00857969 (“Honda“, “we“, “us“, or “our“). The App is designed for users (the “User“, “you“, or “your“) who subscribe to the intelligent charging service known as “e:PROGRESS” which is provided to electric vehicle users by Moixa Technology Limited (“Moixa“), a company incorporated and registered in England and Wales under number 05631091. In these Terms, the “App” means the smartphone application software provided by Honda that is associated with e:PROGRESS services provided by Moixa. For the avoidance of doubt, the subscription relating e:PROGRESS shall be subject to a separate agreement – the “e:PROGRESS Intelligent Charging Service Subscription Consumer Terms and Conditions” (the “e:PROGRESS Agreement“) entered into by and between Moixa (as the service provider) and the User (as the service user).
Please read these Terms carefully before using the App. These Terms constitute a legal agreement between you and Honda regarding your use of the App. By downloading or installing the App, and agreeing to these Terms appearing on the App, you agree to be bound by these Terms and to be a party to the agreement with Honda. You must use the App in accordance with these Terms. If you do not agree to these Terms, do not use the App.
These Terms include important information regarding your legal rights, obligations and remedies. Your attention is particularly drawn to the following clauses of these Terms: clause 10 (Warranty) and clause 11 (Liability).
These Terms were last updated on: [10/12/20].
1. Introduction To The App
1.1. The App is a smartphone application software that Honda provides, free of charge, to subscribers of e:PROGRESS.
1.2. By using the App, the User will be able to (i) set and change the weekly charging schedule, (ii) manage the one-time charge settings, (iii) check the charging status, (iv) check the status of the User’s e:PROGRESS usage, and (v) use other related functions (collectively, the “Functions“).
1.3 The App is provided in English. We may make other languages available from time to time at our discretion.
1.4 If you have any questions about these Terms or the App you can get in touch via the enquiry details as set out in Clause 14.6.
1.5 Nothing in these Terms affects any legal rights you may have in law, such as under the Consumer Rights Act 2015, also known as “statutory rights”. For more detailed information on your rights visit the Citizens Advice website www.citizensadvice.org.uk or call 03454 04 05 06.
2. User Eligibility
2.1 You are eligible to be a User of the App only if you meet the following conditions:
2.1.1 you are a lawful resident of either England, Scotland or Wales;
2.1.2 you are aged 16 years or over;
2.1.3 you have entered into the e:PROGRESS Agreement with Moixa;
2.1.4 you have downloaded the smartphone application “My Honda+” for Honda vehicle users separately distributed by us;
2.1.5 you have either a Honda Power Charger or an Alfen Pro-Line charger installed by one of our recommended providers; and
2.1.6 you receive energy from one of the energy providers recommended by Moixa where applicable,
subject in each case to the Terms more particularly set out below.
2.2 In order to download and install the App you must have a compatible device with the required operating system installed and a sufficient amount of memory. These requirements will be subject to change from time to time and further information may be available on My Honda+.
2.3 Your use of My Honda+ will be subject to the My Honda+ terms and conditions from time to time. You will be solely responsible for ensuring you have access to My Honda+ in order to access the App. We have no liability to you under these Terms in respect of My Honda+ or in respect of your use of the App where you have not secured access to My Honda+.
2.4 You confirm that you are the owner of the device on to which the App is downloaded and used or that you have obtained permission from the owner to use that device for the purposes of downloading and using the App. Where you have already installed the App on a device you may be entitled to install and use the App on another device (“Secondary Device“) by following the instructions in the App or any other instructions which may issued by Honda from time to time. If you do not follow those instructions then you might not be able to use the App on the Secondary Device and Honda shall not be liable for any resulting loss of use or unavailability of the App.
2.5 From time to time, updates to the App may be issued through My Honda+. Please note that the App may have limited functionality where you do not have the most recent version of the App or operating system on your device downloaded. Please see clause 12 below for further information.
Charger and the provision of energy
2.6 In order to receive the full functionality of the App, Moixa may recommend to you a certain type of electric vehicle charger as well as an energy provider and/or energy tariff for your energy from time to time as part of the e:PROGRESS service. Where Moixa recommends a specific charger and/or provider, and you do not obtain such a charger or utilise such a provider, neither we nor Moixa take any responsibility for App functionality lost as a result.
2.7 In no circumstances are we and/or Moixa responsible for the provision of your energy, the provision of an e:PROGRESS-recommended charger, or the installation of the same. However, we can in each instance put you in touch with our recommended providers.
3. Use Of The App
3.1 By using the App, the User will be able to enjoy the Functions relating to e:PROGRESS.
3.2 While we try to make sure that the App is accurate, up-to-date and free from bugs, we cannot guarantee that it will be. Furthermore, we cannot guarantee that the App will be fit or suitable for any purpose.
3.3 In order to download and use the full functionality of the App you will require access to a mobile network and/or an internet connection. You may incur data fees and charges from third parties (such as a mobile network or internet provider) in connection with your use of the App. You are solely responsible for all such fees and charges. If you do not wish to incur such fees and charges then you should not use that smart phone to access the App.
3.4 The App may contain links to other independent third party websites, information, products or services (“Third Party Materials“). Third Party Materials are not under our control, and we are not responsible for and do not endorse any of them. Likewise, we do not guarantee that any information on the App which is provided by a third party (including as part of any Third Party Materials) is up to date, complete or accurate. You will need to make your own independent judgement regarding your interaction with or purchase and use of any Third Party Materials.
3.5 Any arrangements entered into between you and a provider of Third Party Materials shall be between you and the relevant provider only. We shall not be liable for the acts or omissions of any provider of Third Party Materials (including, but not limited to, any issues relating to their functionality or availability).
4. Sharing With My Honda+
4.1 You can use the App by using the login ID assigned to the User on the My Honda+ application, and the password for such login ID that you set on the My Honda+ application.
4.2 When you start using the App, data sharing between the App and the My Honda+ application commences automatically, and we will process, in connection with our provision of the App, certain information entered by you through the My Honda+ application.
5. Sharing With Vehicles
We will process data related to the User’s vehicle in connection with our provision of the App.
6. Personal Data
Your privacy and personal information are important to us. We may collect information from you regarding use of the App, which may include personal data. We may process personal data collected from you (the “User Data“), including data collected and shared from the My Honda+ application and your vehicle, in connection with our provision of the App. See the e:PROGRESS App Privacy Policy, which is incorporated into these Terms by reference, for more details about our collection, use, and sharing of the User Data or how to contact us and supervisory authorities if you have a query or complaint about the use of your User Data.
7. Licence And Ownership
7.1 The App and all intellectual property rights in the App are owned by us, our affiliates, or our licensors (as applicable). Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We, our affiliates, and our licensors reserve all of our and their rights in any intellectual property in connection with the App. This means, for example, that we and they remain owners of such intellectual property rights and are free to use them as we and they see fit.
7.2 Subject to these Terms, we shall provide you with a licence to use the App. This licence, which may include certain intellectual property rights of Honda, our affiliates, or our licensors, is non-exclusive and non-transferable. This licence may only be used for the purposes of, and in accordance with, these Terms.
7.3 Except as set out in these Terms, you are not granted any rights in or to the intellectual property rights of Honda, our affiliates, or our licensors.
7.4 Unless otherwise specified, all trademarks used within the App are the property of Honda, our affiliates, or our licensors (as applicable).
8. Acceptable Use And Prohibitions
8.1 You agree that as a condition of your use of the App, you will not:
8.1.1 other than expressly permitted under these Terms, reproduce, download, distribute, upload, display, sell, rent, lease, create derivative works, or otherwise use or exploit all or part of the App;
8.1.2 provide us with false or incorrect information in connection with the App (including, but not limited to, use of a third party’s user name, password, account information, name, or other attributes);
8.1.3 disclose, transfer, or lend your accounts (including, but not limited to, any user ID and password associated therewith) to any third party or otherwise allow any third party to use your accounts;
8.1.4 move, decompile, reverse-engineer, or disassemble the App, any digital rights management mechanism, device, or other content protection or access control measure incorporated into the App;
8.1.5 bypass, modify, defeat, tamper with or circumvent any of the functions or protections of the App;
8.1.6 access, monitor, or copy any element of the App using automated means (including, but not limited to, a robot, spider, or scraper);
8.1.7 destroy, obstruct, tamper with, or alter any system, data, or network related to the App; transmit to us, store on any system related to the App, or activate, any data containing computer viruses or other harmful computer programs;
8.1.8 damage, disable, overburden, or impair the App; or
8.1.9 use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.
8.2 You must:
8.2.1 only use the App for its intended use and in a reasonable manner;
8.2.2 not use the App or any of its features in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses or harmful data, into the App;
8.2.3 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any of its features;
8.2.4 not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any of its features;
8.2.5 not use the App or any of its features in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
8.2.6 not collect or harvest any information or data from any aspect of the App or our systems or attempt to decipher any transmissions to or from the servers running the App.
8.3 You agree not to use the App in a way that:
8.3.1 would be in breach of applicable laws, including any road traffic laws and regulations in any country;
8.3.2 is unsafe or may cause a risk of injury to persons or damage to property.
9. Suspension And Termination
9.1 We may, in our sole discretion and without notice or liability to you, restrict, suspend, or terminate your use of, or access to, all or a part of the App, if: (i) we believe that you have violated any of these Terms; (ii) we are required to do so under applicable law, rule, regulation or by any government authorities; (iii) any unexpected technical issues or problems occur; (iv) Moixa suspends or terminates its provision of e:PROGRESS to you pursuant to the e:PROGRESS Agreement; or (v) we stop providing the App in your country or to our customers more generally for any reason.
9.2 If we terminate your use of the App pursuant to Clause 9.1, due to your breach of these Terms, you will be liable to pay us any reasonable costs, losses or other liabilities which we incur or suffer as a result of such breach.
9.3 If we terminate your use of the App pursuant to Clause 9.1, the agreement regarding the use of the App based on these Terms and formed between Honda and you will immediately terminate. Upon termination, you will immediately cease any and all use of the App. Honda’s rights and your obligations with respect to the App will survive such termination.
9.4 You are entitled to stop using the App at any time.
9.5 We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control, including but not limited to:
9.5.1 failure of public or private telecommunications networks;
9.5.2 failure of the App due to lack of GPS signal, lack of internet connection, adverse weather conditions, natural disasters, or change of law or any governmental directions or orders,
each an “Event Outside Our Control“.
9.6 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
9.6.1 our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
9.6.2 we will use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control.
10. Warranty
10.1 We agree to provide the App to you with reasonable skill and care and will use our reasonable efforts to make the App available to you at all times.
10.2 However, you acknowledge and agree that:
10.2.1 the App will not be error free, up to date or constantly available without any interruption. The availability, accuracy and functionality of the App may be dependent on the availability of your mobile network, an internet connection or GPS signal, or other factors relating to the vehicle or electric vehicle charger;
10.2.2 certain functionalities within the App may not operate properly or at all if you device has not been maintained and kept in a good working order and/or you are not using the App in accordance with these Terms;
10.2.3 the App may be subject to periods of unavailability or disruption during times where maintenance, updates and modifications are being carried out.
10.3 We do not warrant that all of the functionalities of the App and the Software are suitable or safe for use in all circumstances. You should consider carefully the impact any use of the App may have on persons or property around you or your vehicle.
10.4 Any reliance that you may place on the information on the App is at your own risk as that information constitutes an estimate only and could be inaccurate, incomplete or out of date. The App will display certain information, including status of the User’s e:PROGRESS usage, the charging status of the User’s vehicle, and the expected travel distance, which uses the User Data. Errors and time lags may occur due to the communication conditions of the User’s mobile information device. Such display of information is only for reference, and Honda does not represent or warrant the accuracy of the displayed information. You acknowledge that the displayed information is not intended to replace the information provided on the vehicle. Accordingly, while driving an electric vehicle, you should pay attention to the charging status and the expected travel distance displayed on the vehicle, and make sure to charge the battery with plenty of time to spare.
10.5 Honda does not represent or warrant that the App is compatible with all information devices.
10.6 You hereby acknowledge that certain atmospheric, geographic, or topographic conditions, failure, congestion, or outages of utility or wireless networks, and other conditions beyond our control may prevent or delay us from providing the App to you, or affect the quality of the App.
11. Limitation Of Liability
11.1 If we fail to comply with the Terms, we may be responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you agreed to the Terms.
11.2 We only supply the App (and any messages, data, information, content, or other material provided in conjunction with the App) for domestic and private use. You agree not to use the App for any commercial, business or re-sale purposes, and we shall at all times have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.3 We do not in any way exclude or limit our liability for:
11.3.1 death or personal injury caused by our negligence;
11.3.2 fraud or fraudulent misrepresentation; or
11.3.3 any matter which it is not permitted by law to limit or exclude, or attempt to limit or exclude, our liability.
12. Amendment
12.1 We may update these Terms and/or the App from time to time, for example, to comply with changes in the law, to take account of new products, services or apps we may offer, or for other reasons.
12.2 We may change these Terms at any time by notifying you of a change when you next start the App or, where possible, sending a notification to the device on which the App is installed. You will be deemed to have accepted those changes if you continue to use the App but, where those changes are detrimental to you, you will be asked to agree to and accept the updated Terms by ticking digital acceptance boxes within the App.
12.3 If you do not agree to the updated Terms you may not be able to use the App. You understand that by accepting and agreeing to the updated Terms you will be legally bound by them.
13. Assignment
13.1 You shall not assign or otherwise transfer any of your rights or obligations hereunder to any third party.
13.2 We may, at any time, transfer or assign our position as a licensor of the App, including any rights or obligations hereunder, or any information provided to us by you, without your consent but this will not affect your rights or obligations under these Terms.
14. General
14.1 Governing Law. These Terms are governed by English law. This means that your use of the App, and any dispute or claim arising out of or in connection with the App (including non-contractual disputes or claims), will be governed by the laws of England.
14.2 Dispute Resolution. You can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Wales you can bring legal proceedings in respect of these Terms in either the Welsh or the English courts.
14.3 Severability. Each clause and paragraph of these Terms operates separately. If any court or relevant authority decides that any provision of these Terms that is unlawful, void, or unenforceable, the remaining clauses and paragraphs of these Terms will remain in full force and effect.
14.4 Third Party Rights. These Terms are between you and us. No other person shall have any rights to enforce any of these Terms.
14.5 Entire Agreement and Waiver. These Terms and the provisions referenced herein constitute the entire agreement between you and Honda pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. If we fail to insist that you perform any of your obligations under these Terms or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 Enquiries.
If you have any questions concerning the App or these Terms, please contact:
Contacting Entity: Moixa Technology Ltd
Address: Unit 1, 11-29 Fashion Street, London, E1 6PX
Telephone: 0330 223 5339
Email: support@honda-eprogress.co.uk
[Prescribed on 10/12/20]
