Last Revised: October 23 2017
Engie Motors Ltd. (“Engie”, “we”, “our”, or the “Company”) welcomes you (the “User(s)”, or “you”) to use our Mobile Application, our web app available at: web.engieapp.com and our website Engieapp.com (the “Application”, the “Web App”, the “Site” and collectively – the “Services”). Users may use the Service in accordance with the terms and conditions hereunder.
- Acceptance of the Terms
- The Service
Engie offers Services allowing vehicle diagnostic, and provisions of price appraisals from third party service providers in the field of maintenance and use of vehicles in accordance with the vehicle diagnostic. The diagnosis is done by an OBD Dongle (“Dongle”) that is connected to the vehicle computer port and transmit data via Bluetooth, Wi-Fi, or via alternative routes allowing to connect to the vehicle computer through third party platforms, to the Application that runs on a paired mobile device. The diagnosis will start automatically once the engine is on and the Application runs (on the User’s smartphone’s screen, or on the background), additionally, the User can initiate a diagnosis through the Application.
The Dongle may be purchased via the Site as described in the Terms hereunder. In certain cases, you may receive and/or you may be offered to purchase the Dongle from a third party that is a business partner of the Company.
In addition, in the Site you may find comprehensive information about the Company’s systems and technology and other content related thereto (including contact information, videos, text, logos, button icons, images, data compilations, links, other specialized content, documentation, data, related graphics, intellectual property and more (collectively, the “Content”)). In addition, Users can sign up through the Site for our mailing list in order to receive updates about the Company’s developments etc. Please notice that “Engie” is only a platform for price appraisals, diagnostic service and provisions of proposals from third parties. Engie is not and will not be a part in any way of any deal and/or transaction between you and any third party. Engie is not the manufacturer of the Dongle, it is not being tested by the Company nor covered by the Company’s warranty.
- Registration and User Account
- Acquisition of the Dongle
The Site allows, among other things, the acquisition of the Dongle. In order to place an order for the Dongle, you will first need to choose the purchase option in the Site, which will be followed by a “Product page” that displays information on the Dongle, including without limitation the sale price (the “Product Page”). Please note, Engie may update the Product Page from time to time, add or subtract information and update or change the price of the Dongle. It is clarified that the pictures on the Site are for illustration purposes only. Prices shown on the site include VAT in accordance with applicable law, unless explicitly stated otherwise. In order to purchase the Dongle on the Site, the User asking to purchase the Dongle (the “Purchaser”) will be asked to enter certain information such as his name, address, email address, and payment method (credit card or PayPal account).
Please make sure to deliver accurate and correct information, since otherwise we cannot guarantee the completion of the booking. Providing false information is a criminal offense and who does so may be subject to criminal and /or civil legal proceedings. “Engie” has the right to receive full indemnity from Purchasers who provide false information, and/or may take legal action accordingly, including claims for damages.
At the time of booking, a verification of the payment methods will be conducted and with the receipt of confirmation from the credit card company or PayPal, the Purchaser will receive a notice that the reservation has been confirmed. It is hereby clarified that the charge will be implemented immediately after the booking. Please note that the clearing company and PayPal are not responsible for the transaction between Engie and the Purchaser, and do not provide warranty for the Dongle, including without limitation with respect to its quality and/or its delivery.
Completion of the transaction is contingent on the available stock of the Dongle at the time of completion of the booking. In the event that the Dongle is out of stock and/or there is a problem with its supply, for any reason, Engie may inform the Purchaser of the cancellation of the order. Notice shall be given to the Purchaser via e-mail. In such case, the Purchaser won’t have any claim against Engie and by booking the Dongle, the Purchaser waives any such claim. Engie reserves the right to limit the number of Dongles per order.
The Purchaser may choose to receive the Dongle through a direct shipment, which involves extra fees (the “Shipment Fee”) delivered directly to the Purchaser’s home, and/or any other destination of his choice. In such case, Engie will provide the Dongle to the Purchaser by registered or certified mail, postage prepaid (to the extent available at Purchaser’s location), to be delivered with a postal or package delivery company, as chosen by Engie at its sole discretion within approximately 60 days from the date of order of the Dongle. Engie is not responsible for any act and/or omission of the delivery company, including failure to deliver on time, and in that case Engie will make best efforts to provide an alternative product as soon as possible.
- Cancellation / Sale and / or Failure of Charge
Cancellation will be in accordance with the provisions of the applicable consumer protection legislation and regulation. The transaction price refund in case of cancellation will be effected in the same manner of payment and in accordance with the law.
Cancellation of such order shall take place in writing via e-mail message to Engie’s e-mail address: email@example.com.
Engie may cancel a transaction and/or an acquisition in all or in part: in case that an error occurred in the proposal, whether in the price of the Dongle or whether in the description of the Dongle; in case of force majeure, acts of war, terrorism or hostilities which prevent the continuation of the sale, implementation or participation in the sale properly; if it discovers that the transaction was part of an illegal activity of the Purchasers and / or any of any of them and / or any third party; if it discovers that the Purchasers may return and sell their Dongle to a third party and / or trade it. Notice of cancellation of the sale shall be delivered to the Purchaser by email and / or in writing to the address that the Purchaser specified at the time of the purchase.
- Use Restrictions
There are certain conducts which are strictly prohibited in our Service. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result herein (at Engie’s sole discretion) in the termination of your access to the Site and may also expose you to civil and/or criminal liability.
You may not, whether by yourself or anyone on your behalf: (a) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content of our Services, in any way or publicly display, perform, or distribute them; (b) make any use of the Content on the Service for any purpose, or replicate and/or copy the Content without Engie’s prior written consent; (c) create a browser or border environment around Engie’s Content (no frames or inline linking); (d) interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of our Services without their express consent, including using any “robot”, “spider”, site search app or of any part thereof, including Engie’s data bases, or retrieval application or parts thereof, including data index, or other manual or automatic device or process to retrieve, index, or data-mine; (e) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (f) transmit or otherwise make available in connection with the Services any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (g) interfere with or disrupt the operation of the Services, or the servers or networks that host the Services, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (h) sell, license, make non-personal use, or exploit for any commercial purposes any use of or access to the Content of the Services without the explicit consent of the Company, including the use of any Content therein; (i) frame or mirror any part of the Services without Engie’s prior express written authorization; (j) create a database by systematically downloading and storing all or any of the Content from the Service; (k) forward any data generated from the Services without the prior written consent of Engie; (l) to transfer and/or assign the User’s Account’s password, even temporary, for third party; or (m) use the Services for any illegal, immoral or unauthorized purpose.
- Intellectual Property Rights
The Company is granting you with a limited, personal, not exclusive, non-assignable, not-tradeable license, which cannot be used in order to issue sub-licenses and that can be cancelled completely, to use: (a) the Application on your smartphone or on a smartphone which is in your control; (b) the Web App; (c) the Site, subject to the terms and conditions in this agreement. These terms and condition do not entitle you with any right in the Application and/or to the Web App and/or the Site or in connection thereto, rather than a limited right to use it according to the Terms; and (d) the OBD Dongle and the provided intellectual property are according to the terms and conditions set forth in this agreement. Engie’s marks and logo and all other proprietary identifiers used by Engie in connection with the Services (the “Engie Trademarks”) are all trademarks and/or trade names of the Company, whether they are registered or not. All other trademarks, trade names, identifying marks and logos might appear in the Services belongs to their right owners (“Third Party Trademarks”). No right, license, or interest to Engie Trademarks or Third Party Trademarks is granted hereunder, and therefore you will avoid using any of those marks unless such use was specifically authorized in the Terms. The Services, and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Service), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered or not (collectively, “Intellectual Property“), are owned and/or licensed to Engie and subject to copyright and other applicable intellectual property rights under Israeli laws, foreign laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Engie’s proprietary rights, including Engie’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.
You are hereby prohibited from removing, separating, deleting disconnecting from the Content any and all copyright notices, restrictions and signs indicating proprietary rights of Engie or its licensors, including [®], copyright mark [©] or trademark [™] contained in or accompanying the Content included in the Services, and you represent and warrant that you will abide by all applicable laws in this respect.
Our Services’ availability and functionality depends on various factors, including third party services, such as communication networks. Engie does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that it will be error-free.
- Changes to our Services
Engie reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently the Services (or any part thereof, including but not limited to the Content) without notice, at any time and at its sole discretion.. You agree that Engie shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or the Content included in our Services.
- Disclaimer and Warranties
ENGIE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, EXPLICITLY NOR IMPLICITLY, INCLUDING SERVICES PROVIDED BY THIRD PARTIES AS WELL AS USER GENERATED CONTENT (AS DEFINED HEREUNDER) OR THE RESULTS OF THE USE OF THE SERVICES AND/OR THE DOUNGLE.ENGIE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IT WAS CAUSED CONSEQUENTLY OR IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING THE SERVICES AND HELP THAT ARE PROVIDED OR SOLD BY THIRD PARTIES, INCLUDING VIA THE SERVICES OR THE USER GENERATED CONTENT , OR ANY OTHER INFORMATION EMARGING FROM USING THE SERVICES, WHETHER OR NOT THE COMPANY HAD INFORMED THE USER OF SUCH POSSIBLE DAMAGE.
THE SERVICES, INCLUDING WITHOUT LIMITATION ANY CONTENT AVAILABLE ON THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ENGIE DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT AVAILABLE ON THE SERVICES. THE USE OF THE SERVICES, THE CONTENT IS ENTIRELY AT YOUR OWN RISK AND ENGIE SHALL HAVE NO LIABILITY RELATING TO SUCH USE.
ENGIE DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.
IT IS HEREBY CLARIFIED THAT ENGIE IS NOT RESPONSIBLE FOR THE NATURE, QUALITY OR PERFORMANCE OF THE DONGLE. HOWEVER, IN THE EVENT THAT THE DONGLE RECEIVED IS IMPAIRED, ENGIE WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE A REPLACEMENT PRODUCT AS SOON AS POSSIBLE.
- Limitation of Liability
IN NO EVENT SHALL ENGIE, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE SERVICES, THE APPLICATION, THE CONTENT AND THE HELP PROVIDED OR SOLD BY OTHER USERS OR THE USE OR INABILITY TO USE THE SERVICES, THE CONTENT, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF ENGIE TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF ENGIE BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER ENGIE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify and hold harmless Engie from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of the Services; (b) your violation of any term of these Terms; (c) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Services (including your violation of any third party rights); and (d) any claim for financial remedies or other compensations due to a decision that was taken or not taken or any action that was made or not made based on the Content, output or any other data resulting from the use of the Services.
- Amendments to the Terms
Engie may change the Terms from time to time, at its sole discretion and without any notice, and therefore requests all its Users to re-visit this page often. We will notify you regarding substantial changes of these Terms by changing the link to the Terms in the Service and/or by sending you an e-mail regarding such changes to the e-mail address that you provided during registration. Such substantial changes will take effect seven (7) days after such notice was provided on the Services or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.
- Termination of our Services operation
At any time, Engie may block your access to our Services and/or temporarily or permanently limit your access to our Services, at its sole discretion, in addition to any other remedies that may be available to Engie under any applicable law. Such actions by Engie may be taken if Engie deems that you have breached any of these Terms in any manner.
Additionally, Engie may at any times, at its sole discretion, cease the operation of our Services or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that Engie does not assume any responsibility with respect to, or in connection with the termination of our Services operation and loss of any data. The provisions of the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections will survive the termination or expiration of the Terms.
- Links to Third Party Sites
- General Use Platform Providers
Since you can download the Application from a third-party platform (e.g. App Store), a service provider or distributor (the “Platform Providers”), your use of the Application may also be subject to the rules of use of the Platform Providers in connection with your use of the Application (“Rules of Use”). Note that the rules of use may apply to you and it is your responsibility to determine whereas the rules of use govern your use of the Application. You agree to meet all the rules for use of the platform providers apply to you. The Rules of Use may, in some cases, supersede other rules including the Terms of this agreement. You hereby represent and warrant you are not precluded from downloading and/or using the Application in accordance with any law or in accordance with the Terms. Any download and/or use of the Application by anyone who is forbade by law or by the Terms is strictly forbidden. You accept and agree that the Platform Providers have no responsibility whatsoever for the Application or the Content therein. You acknowledge that the Platform Providers have no commitment to provide maintenance nor assistance services in accordance with the Application.
- Special Conditions Pertaining To Third Party Assets
The Services may use or include any software developed by third party, files and components subject to open source licensing terms and conditions of the license or a third party (”Third Party Components”). These conditions do not apply to any third-party components accompanying or included in the application and the company disclaims any responsibility related to them. You acknowledge that the Company is not the author, owner or licensor of third-party components. The company removes responsibility and liability of any kind, express or implied, for the quality, capacity, operation, performance or suitability of any third party component. Absolutely application or any part thereof (except third-party elements contained therein) shall be deemed as Open Source, Public Domain or Publicly Available.
- User-Generated Content
You shall be responsible to have all consent required under any law regarding posting personal information of other users, and you shall abide to any state or federal law in connection with User Generated Content. You expressly agree that User Generated Content will not contain any unauthorized promotions, advertisements, contests or lotteries.
You agree that you will not post or upload any User Generated Content containing content which is unlawful for you to possess, post or upload in the country in which you are resident or which it would be unlawful for the Company to use or possess in connection with the Service (including but not limited to content which is: defamatory, pornographic, obscene, harassing, threatening, insulting or fraud)..
It is clarify that even though Engie have no obligation to filter, edit or monitor the User Generated Content, the Company reserve itself the right to do so, at its sole discretion, and to remove or edit any User Generated Content without any prior notice, at any time and at its sole discretion. You will be solely responsible, at your expanse, to back-up and change all the User Generated Content posted in the Services.
When you upload, post, publish or make available any User Generated Content on the Platform or use such User Generated Content, you grant: (a) the Company an irrevocable, perpetual, non-exclusive, royalty-free, transferable, assignable, sub-licensable and worldwide license to use, reproduce, distribute, transmit, make derivative works of, display, copy, make available to the public and perform that User Generated Content, along with details, trademarks, service marks and logos, in connection with the Platform, whether through the Internet, any mobile device or otherwise, in any media formats and through any medial channels known today and developed in the future; (b) To any User of the Services, a non-exclusive royalty-free license to enter User Generated Content and to make any private not-commercial use of it.
Engie may use and publish any part of the User Generated Content without permission and in its sole discretion. You understand and agrees that you will not be entitle to prevent any transfer of User Generated Content to third parties. Engie will not be liable for any use of User Generated Content by third parties. In addition, you forgo any moral right you might have regarding the User Generated Content and agrees to never demand or assign to yourself any right regarding the User Generated Content.
Engie will not be liable or bear any consequence arising from any upload, publish, presentation and making available of any User Generated Content by the User or any third party, nor to any damages or loss. Engie will not be liable to any mistake, error, defamation, curses or pornography that you or any third party might be exposed to.
- Misconduct and Copyright Agent
We care for your safety and well-being. If you believe a user, including Third Party Providers, acted inappropriately including, but not limited to, offensive, violent or sexually inappropriate behavior ore content, please report immediately such person to the appropriate authorities and to us.
The Company respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information in writing to the Company’s Copyright Agent: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit the Company to locate the material (including URL address or screen capture of such infringing activity); (d) information so that the Company can contact you, such as address, telephone number and e-mail address; (e) a statement that you believe in good faith that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. The Company’s Copyright Agent can be reached through the Contact Us in the website.
These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to the Services or use of the Service will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the Services will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of the District of Tel Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without Engie’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and Engie relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Engie. Notices to you may be made via email or regular mail. Engie may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Updates to the Service may be automatically downloaded from time to time to your smart phone and OBD Dongle (the “Updates”). The Updates are designed to improve, enrich and develop the Services by means of: bugs and errors fixtures, advanced options, new functionalities and adjustments to match new hardware and software versions. You represent and agree to accept the Updates from the Company, and permit the Company to push and install the Updates automatically and directly on the smartphone, as part of using the Services. You hereby allow the Company to use push notification as mean of communication with the user through the smartphone.
- For information, questions or notification of errors, please contact:
If you have any questions (or comments) concerning the Terms, you are most welcome to send Engie an email to: Support.firstname.lastname@example.org, or use the Application by pressing the “Contact Us” button, and Engie will make an effort to reply within a reasonable timeframe. By contacting the Company you warrant and agree that you are free to do so, and that you do not provide Engie with information which violate any third party intellectual rights (the “Information”). Without degrading from the aforesaid, all rights, including intellectual property, arising from the communication will be owned by the Company and will be considered as Engie’ confidential material. It is clarified that any use of the Information, will be done in the sole discretion of the Company, and the Company is not obligated to use all or part of this Information.
You are not obliged to be a registered user in order to visit the Site. However, if you wish to contact us via the Services, you will need to fill and complete the Contact Us form. The Contact Us form requires your email address, and the rest of the information is optional. Moreover, you can contact us via the Contact Us button in the Application.