Member Agreement

Welcome to Nextelectricars! This agreement (“Agreement”) describes your rights and responsibilities related to your use of Nextelectricars’s website, and services as a registered Nextelectricars’ member, and what you can expect from us. By creating your Nextelectricars account, clicking “continue”, or by otherwise indicating that you agree, you are agreeing to these terms, so please take a moment to read this legally binding Agreement, along with the Privacy Policy and the Cookie Policy. If you use any Nextelectricars website but are not a registered member (each, a “visitor”), by using the website, you agree to be bound by the terms of this Agreement, and acknowledge that you have read the Privacy Policy and the Cookie Policy.

Nextelectricars is an electric vehicle community platform  for trusted connections and the exchange of helpful information, services, news, job opportunities and much more; we hope that Nextelectricars members everywhere will use Nextelectricarsto build stronger and safer electric vehicle community around the world.  We use “Nextelectricars” here to refer to the Nextelectricarswebsites  as well as Nextelectricars to refer to “Electric Vehicle Community. We also use “Nextelectricars”, “we”, “us” and “our” to refer to the companies operating our Services.

The Services are provided to you by Nextelectricars UK, 

IMPORTANT: FOR MEMBERS AND VISITORS, PLEASE REVIEW THE ARBITRATION AGREEMENT SET FORTH BELOW CAREFULLY, AS IT WILL REQUIRE YOU TO RESOLVE DISPUTES WITH NEXTELECTRICCARS ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION.

BY ENTERING INTO THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS AGREEMENT.

1. Eligiblity

Each person is limited to one account per residence, and you may not share your account password with anyone else (even a family member sharing your home) or allow someone else to use your personal account.

When you register for Nextelectricarsyou must use your real name, not a pseudonym, except in circumstances that, in Nextelectricars’ sole judgment, warrant an exception.  Submitting inaccurate registration information, registering if you know you don’t meet our eligibility requirements, or otherwise providing false registration information is a violation of this Agreement and could constitute a crime.

You may not use our Services if: (1) you are a resident of the United States and are under 13 years old, or if you are a resident of the EU and are under 16 years old (or do not meet applicable age requirements to use social media services where you live); (2) you are a registered sex offender or share a household with one; (3) we previously disabled your account for violations of our terms or policies; or (4) you are prohibited from receiving our Services or platform under applicable law.  If you are under the age of eighteen (18), you represent that a parent or legal guardian also agrees to this Agreement on your behalf and that you are fully able and competent to enter into this Agreement.We need your help to enforce these eligibility requirements. If you believe that a member in your Nextelectricars does not meet these eligibility requirements, you may report your concerns to us via our contact us page. Nextelectricars reserves the right to refuse registration to any person or household and to suspend, delete or deactivate your account or limit your privileges at any time, without liability to you.

2. Account types.

Nextelectricars offers personal accounts to individual residential members, and special, restricted-functionality accounts to government agencies, such as city offices or police or fire departments, and to businesses, non-profits, news media, and other organisations. Special accounts agree to additional terms and are limited in the conversations they can see. Special accounts can’t access private messages that do not include them. Please note, not all Nextelectricars account types and features are available in all locations.

3. Privacy and preferences.

We don’t charge you to use Nextelectricarsinstead, businesses, individuals and organisations pay us to show you ads for their products and services.  By using Nextelectricars, you understand that we can show you ads that we think will be relevant to you and your interests and you acknowledge that you have read the Privacy Policy which explains how we handle members’ and visitors’ personal information. 

The Services, including any personalised Services, cannot be provided and the Agreement cannot be performed without Nextelectricars processing data about you and other members and visitors. The provision of personalised content and ads is essential to the provision of our Services and a core part of our agreement with you. In particular, in order to provide our Services on a continuous and consistent basis under this Agreement, it is necessary for us to provide and personalise advertising based on your use of Nextelectricars, including with information regarding your interests and your on-site and off-site actions.

By default, you will receive notifications from Nextelectricars about posts from neighbours and from government agencies. You may also opt in to various topics for which you will then receive notifications (this will be an addition soon). You can change your preferences about receiving messages from government agencies, businesses, or other organisations from your dashboard, and customise your default and opt-in neighbourhood notification settings (This feature will be available soon).

4. Content and feedback.

You retain all ownership rights to the text, photos, video, responses and other content you submit to Nextelectricars (collectively, your “Content”). You give us permission, in the form of a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license, to use, copy, and publish your Content based on your Nextelectricars settings and the selections you make when posting and as otherwise described in our Policy Policy.  This means, for example, if you post a comment (This feature will be available soon) on Nextelectricars, you give us permission to store, copy, and share it with others (consistent with your settings), such as with service providers that support our Services. Do not provide us with any Content that you don’t have the right to publish, or that is defamatory, infringing, illegal or otherwise tortious. We do not proactively moderate Content posted by members; however, we can remove Content posted by you, suspend, delete or deactivate your account or limit privileges, or otherwise refuse service to you, if you violate this Agreement or our other policies, or infringe intellectual property, or otherwise engage in behaviour that we think harms a Nextelectricars Electric Vehicle Community.

You give us permission to use your name and profile picture, and information about actions you have taken on Nextelectricars next to or in connection with ads, offers and other sponsored content we display in connection with our Services, with no additional compensation to you.  For example, we may use your name and profile picture to show your nearby neighbours that you have liked, commented on or recommended a business or brand that has paid us to display its ads, offers or other sponsored content on Nextelectricars. We may also post and re-post these likes, comments, recommendations and other interactions, along with your name and profile picture, in different areas of the Services from time to time.  For example, if you recommend a business, that recommendation will appear in your feed, may later be re-posted from time to time in connection with that business’s other ads on Nextelectricars, and may also appear in lists of Nextelectricars member recommendations featured on the business’s Business Pages. For the avoidance of doubt, this permission is not intended to constitute a consent under EU data protection law. 

We welcome you to share any feedback, suggestions, or ideas you have about Nextelectricars with us, so long as you understand we may have already had the same idea, and you agree that we are free to use any feedback you voluntarily provide with no restriction or obligation (payment or otherwise) to you.

5. Interactions with other members.

5.1. Be a good EVC Member.

At Nextelectricars, we believe that good behaviour is the foundation of healthy communities. This Agreement includes our Community Guidelines on appropriate use of Nextelectricars.

5.2. Transactions with other members.

In using Nextelectricars and its member-to-member transactional features (such as For Sale), you, and not Nextelectricars, are responsible for your own decisions and actions. In addition, your use of Business Pages or any similar feature does not make us an employer, placement agency, representative, or agent of or for you or any other neighbour or service provider. If you and another member decide to work together, the two of you, and not Nextelectricars, are responsible for complying with any laws that might apply, such as tax or employment laws. Nextelectricars is not a party to transactions or disputes between members. If you write a recommendation or other comment about a transaction with a neighbour or their business (for example, a recommendation of a tutor), be truthful, fair and neighbourly in your comments, and do not post any of their personal information (e.g., address, mobile number, or photos) without their permission.

5.3. Disputes between members; waiver of claims against Nextelectricars.

In the real world and online, members sometimes disagree. If you have a dispute with another Nextelectricarsmember, we hope that you will be able to work it out amicably. However, if you cannot, please understand that Nextelectricarsis not responsible for the actions of its members; each member is responsible for their own actions and behaviour, whether using Nextelectricars or chatting over the back fence. Accordingly, to the maximum extent permitted by applicable law, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

6. Copyright and DMCA.

If you believe Content on Nextelectricars infringes your copyright, you can reach our notification agent at Nextelectricars; +447379383612. Email: [email protected].

7. Parental controls.

Parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material that is harmful to or inappropriate for minors. You can find more information about parental controls by reviewing the system preferences, settings, and help documentation for your computer or mobile device.

8. Dispute resolution.

If you have a dispute with Nextelectricars, you agree to contact us and try to resolve the dispute informally before pursuing other avenues.

9. Integration.

To the extent applicable to you, this Agreement includes our terms of our Community Guidelines, and our Business Addendum. This Agreement constitutes the entire agreement between you and us with respect to our Services, and supersedes any other agreements or understandings (oral or written).  We can amend this Agreement and any additional terms by notifying you of the changes (for example, by emailing you, or by posting an amendment notice in your neighbourhood’s news feed). If you keep using Nextelectricarsafter the amendment is effective, you accept and are bound by the new terms; if you disagree with the new terms, you should stop using Nextelectricars and delete your account.

10. No warranty.

NEXTELECTRICCARS AND THE ASSOCIATED SOFTWARE AND SERVICES ARE PROVIDED “AS IS.” We do not promise that any aspect of our software or service will work properly or continuously. We may add, change, or discontinue product features; if you are dissatisfied, your only remedy is to stop using Nextelectricars or the affected feature. Some jurisdictions do not allow warranty exclusions, so they may not apply to you

11. Indemnity.

If someone brings a claim against Nextelectricars(whether against the company or any of its employees, directors, or officers) based on a harm you caused, you agree to reimburse us for any costs we incur in defending against that claim, including reasonable solicitors’ fees as well as damages.

12. Liability limits.

WE AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH NEXTELECTRICCARS, INCLUDING THE NEXTELECTRICCARS SERVICES, OUR SOFTWARE, YOUR USE OF NEXTELECTRICCARS OR ANY NEXTELECTRICCARS SERVICE, OR THIS AGREEMENT. IN NO EVENT SHALL NEXTELECTRICCARS OR OUR SUPPLIERS BE LIABLE TO YOU FOR MORE THAN £100. Some jurisdictions do not allow damages exclusions, so such exclusions may not apply to you.

13. General.

This agreement does not create any agency, partnership, joint venture, joint controllership, employment or franchise relationship. To the extent allowed by applicable law, the English version of this Agreement is binding and other translations are for convenience only. If any part or parts of this Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant that you are not located in a country that is (i) subject to a U.S., Irish, or EU Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country or (ii) listed on any U.S., Irish, or EU Government list of prohibited or restricted parties.

14. Jurisdiction-specific disclosures.

14.1. United Kingdom.

If you live in the United Kingdom, this section applies to you.

14.1.1. Governing law.

This Agreement is governed by UK law, without giving effect to any conflict of law principles, except as may be otherwise provided in the Arbitration Agreement section of this Agreement. 

14.1.2. Arbitration agreement.

You and Nextelectricars agree to the arbitration and dispute resolution terms in this section (the “Arbitration Agreement”).  For the purposes of this Arbitration Agreement, references to “Nextelectricars,” “you,” “we” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, partners, shareholders, predecessors in interest, successors, assigns, and heirs.  We encourage you to read these important terms, which include an arbitration requirement (except for small claims) and require claims to be brought individually, and include instructions for how to opt out if you do not agree.

14.1.2.1. Applicability.

You agree that any dispute or claim relating in any way to your access or use of the Nextelectricars’s website, mobile apps, and service, or to any aspect of your relationship with Nextelectricars, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

14.1.2.3. Authority of arbitrator.

The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable.  The arbitration will decide the rights and liabilities, if any, of you and Nextelectriccars. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

14.1.2.3. Waiver of jury trial.

YOU AND NEXTELECTRICCARS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY.  There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

14.1.2.4. Waiver of class or other non-individualized relief.

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.  If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the court. All other claims shall be arbitrated.

14.1.2.5. 30-day right to opt-out.

You have the right to opt out of the provisions of this Agreement that mandate arbitration by sending written notice of your decision to opt out to: [email protected], within 30 days after first becoming subject to a version of this Agreement containing an arbitration provision.  Your notice must include your name and address, your Nextelectricarsr username (if any), the email address you used to set up your Nextelectricas account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of arbitration, all other parts of this Agreement will continue to apply to you.  Opting out of arbitration has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

14.1.2.6. Survival of agreement.

This Arbitration Agreement will survive the termination of your relationship with Nextelectricars.

14.1.2.7. Modification.

Notwithstanding any provision in this Agreement to the contrary, we agree that if Nextelectricars makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Nextelectricars at the following address: [email protected].

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