1. Definitions

1.1 In these Terms and Conditions of Use:

1.1.1 “Applicable Laws” means all federal, provincial, municipal, local and other laws, standards, codes, regulations and ordinances in effect at the time the Service is performed;

1.1.2 “Charging Station(s)” means the electric vehicle charging station(s) owned by the Owner and operated and managed by ELECTRUM at the request of the Strata Corporation, to deliver the Service from the Location;

1.1.3 “ELECTRUM” means ELECTRUM CHARGING SOLUTIONS INC.;

1.1.4 "Governmental Authority" means any domestic, foreign or supranational government, whether federal, provincial, state, territorial or municipal; and any governmental agency, ministry, department, tribunal, commission, bureau, board or other instrumentality, including international institutions, exercising or purporting to exercise legislative, judicial, regulatory or administrative functions of, or pertaining to, government;

1.1.5 “Location” means Strata Plan that pertains to a given site;

1.1.6 “Owner” means the owner of a strata lot within the Location;

1.1.7 “Service” means the provision of electrical vehicle charging services by ELECTRUM;

1.1.8 “Session” means an electric vehicle charging session;

1.1.9 “Strata Corporation” means the strata corporation known as The Owners, Strata Plan BCS 1589;

1.1.10 “Session Fee” means the fee collected by ELECTRUM on behalf of the Strata Corporation to you for the Session.

2. Binding Term and Conditions

2.1 By registering an ELECTRUM account or using the Service or otherwise indicating your consent, you agree to be bound by these Terms and Conditions of Use. If you do not agree with or accept any of these Terms and Conditions of Use, you must cease using the Service immediately.

3. Amendments

3.1 ELECTRUM may modify these Terms and Conditions of Use from time to time for any reason. By accessing and using the Service after amended Terms and Conditions of Use have been posted to ELECTRUM's website and/or sent to you via the email address associated with your ELECTRUM account, you are deemed to have agreedS to be bound by such amended terms and conditions of use. You will be deemed to have received such notice one day after it has been emailed or posted to the ELECTRUM website. It is your responsibility to provide ELECTRUM with your updated e-mail address, in the event that it changes.

4. Term

4.1 Your agreement with ELECTRUM and these Terms and Conditions of Use will continue in force for an indefinite term, until terminated or amended. You may at any time terminate your agreement with ELECTRUM by cancelling your ELECTRUM user account by e-mail to support@electrumcharging.com. ELECTRUM reserves the right to terminate your ELECTRUM user account and these Terms and Conditions of Use for the following reasons: (a) Where the agreement between the Strata Corporation and ELECTRUM has been terminated; or (b) Where you have failed to comply with these Terms and Conditions of Use, as may be amended from time to time.

5. Restrictions on Use

5.1 You confirm that you are the Owner or that you have the prior written consent of the Owner to use the Charging Station(s).

5.2 In addition to these terms and conditions, you acknowledge and agree that you must use the Charging Station(s) in compliance with any bylaws and/or rules set by the Strata Corporation from time to time.

5.3 You agree that any rights not granted herein are strictly reserved by ELECTRUM.

5.4 You shall only use the Service and the Charging Stations in a safe manner and at all times in accordance with the usage instructions provided with the Charging Stations.

5.5 You may not reverse engineer, decompile, disassemble or translate any software or hardware used by ELECTRUM to deliver the Service, including the Charging Stations.

5.6 You agree not to tamper with, damage, or otherwise make any modification to the Charging Station(s).

6. Session Fees

6.1 Session Fees are set by the Strata Corporation by way of user fee under the Strata Property Act.

6.2 You agree to pay a Session Fee to ELECTRUM for your use of the Service. Session Fees will be collected from you by ELECTRUM at the end of each Session by way of pre authorization, pre-payment or other payment system. You authorize ELECTRUM to deduct the Session Fee from the preferred payment method you provided when registering your ELECTRUM account.

6.3 ELECTRUM will notify you in the event that your payment method is declined. In such case, you shall promptly arrange an alternative form of payment with ELECTRUM. It is your responsibility to keep your payment information up-to-date, and you agree to promptly update your payment information. Your use of a credit card or other method of payment to pay for the Service is governed by the agreement you have with your payment provider, and you must refer to that agreement to understand your rights and liabilities. If ELECTRUM is unable to receive payment from your payment provider or its agents as described above, you agree to immediately pay all amounts due upon demand. After each Session, you will receive a receipt of the transaction at the e-mail address associated with your ELECTRUM account.

6.4 You agree to irrevocably transfer to ELECTRUM, any rights to or interest in any environmental or other credits (including, without limitation, carbon offset credits) that you may have generated from or out of or associated with your use of the Service and/or the Charging Stations during the term of these Terms and Conditions.

7. Privacy

7.1 ELECTRUM's use of your personal information is governed by our Privacy Policy which can be found at https://www.electrumcharging.com/privacy and which may be amended from time to time as the sole discretion of ELECTRUM.

8. ELECTRUM Account details and Protection

8.1 It is your responsibility to keep your ELECTRUM account information up-to-date.

8.2 You agree that your ELECTRUM account is for your personal and non-commercial use only and its use and data may not be shared with anyone else. You agree to maintain the privacy of usernames and passcodes associated with your use of the Service.

8.3 You are fully responsible for all activities that occur under your passcode or ELECTRUM account. You agree to immediately notify ELECTRUM of any unauthorized use of your passcode or ELECTRUM account or any other breach of security, and to exit from your ELECTRUM account at the end of each Session. ELECTRUM shall not be liable for any damages incurred by you or any third party arising from your failure to comply with this section.

9. Limitation of Liability

9.1 You expressly agree that the use of the Service and the Charging Stations is at your sole risk. The Service and the Charging Stations are provided on an “as is” and “as available” basis for your use, without warranties of any kind, either express or implied, including, without limitation, any warranty of availability, compatibility, merchantability, satisfactory quality, non-infringement or fitness for a particular purpose. 9.2 ELECTRUM shall not be responsible for and makes no representation or warranty with respect to the following:

9.2.1 availability, consistency, or sufficiency of electrical service to any Charging Station;

9.2.2 availability of any wireless or cellular communications network or internet network necessary for the continued operation by ELECTRUM of the Service;

9.2.3 availability of or interruption of the Service; or

9.2.4 compatibility of the Charging Station to your vehicle.

9.3 You agree that a claim of any kind including, but not limited to, claims for indemnification, shall be no greater in amount than $100.00. In no event shall ELECTRUM be liable to you for any incidental, consequential, indirect, statutory, special, exemplary, or punitive damages, including, but not limited to, lost profits, loss of use, loss of time, inconvenience, lost business opportunities, damage to good will or reputation, or loss of data, arising out of, or as a result of your use of the Service or the Charging Stations, regardless of whether such liability is based on breach of contract, tort, strict liability or otherwise, and even if advised of the possibility of such damages or such damages could have been reasonably foreseen.

10. Indemnity

10.1 You agree that you shall be responsible for and shall defend, indemnify, and hold harmless ELECTRUM and its employees, affiliates, suppliers, agents, contractors, distributors, licensors and business partners and shall reimburse us for any damages, losses or expenses (including without limitation, reasonable attorneys' fees and costs) incurred by us in connection with any claims, suits, judgments, and causes of action arising out of (a) your use of the Service or Charging Station; or (b) your breach of any provision of these Terms and Conditions of Use.

11. Arbitration

11.1 Any disputes arising from these Terms and Conditions of Use or the Service shall be settled by binding arbitration pursuant to the rules of the Vancouver International Arbitration Centre (“VanIAC”). Upon the written demand of any of the parties concerned, the parties shall meet and attempt to appoint a single arbitrator. If they are unable to agree on a single arbitrator then upon the written demand of any of them and within 10 days of such demand, the arbitrator shall be appointed by VanIAC.

11.2 The arbitrator selected to act hereunder shall be qualified by education and training to pass upon the particular question in dispute. The arbitrator shall have no financial or personal interest in the business affairs of any of the parties.

11.3 The arbitrator so chosen shall proceed immediately to hear and determine the matter or matters in dispute. The decision of the single arbitrator, shall be made within 45 days after the appointment of the single arbitrator, as the case may be, subject to any reasonable delay due to unforeseen circumstances. Notwithstanding the foregoing, in the event the arbitrator fails to make a decision within 60 days after their appointment, then any of the parties concerned may elect to have a new single arbitrator chosen in like manner as if none had previously been selected.

11.4 The decision of the single arbitrator shall be in writing and signed by the arbitrator, and shall, absent manifest error, be final and binding upon all of the parties hereto as to any matter or matters so submitted to arbitration and the parties shall perform the terms and conditions thereof.

11.5 The compensation and expenses of the single arbitrator shall be paid by the parties to the arbitration equally. 11.6 None of the parties concerned shall be deemed to be in default of any matter being arbitrated until 10 days after the decision of the arbitrator is delivered to all of them.

12. Age of Majority and User Information

12.1 You represent and warrant that:

12.1.1 you are at least age of majority in the Province of BC; and

12.1.2 the information you have provided or will provide to ELECTRUM is accurate, complete and current, including without limitation your legal name, address, telephone number and payment data (including without limitation information provided when authorizing recurring payments). 12.2 You agree to update or notify us promptly if there is any change in the information that you have provided to us. Failure to update or provide and maintain accurate information is a breach of these Terms and Conditions of Use.

13. General

13.1 These Terms and Conditions of Use shall be construed and interpreted according to the laws of the Province of British Columbia and Canada.

13.2 These Terms and Conditions of Use constitute the entire agreement between you and ELECTRUM regarding the subject matter hereof and, unless amended pursuant to clause 3 herein, can only be modified or changed in writing and signed by authorized representatives of both parties.

13.3 No waiver by ELECTRUM of any of its Terms and Conditions of Use or failure to enforce these Terms and Conditions of Use of use shall constitute or be deemed to be a waiver unless such waiver is in writing.

13.4 If any section or portion of these Terms and Conditions of Use shall be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining sections or portions shall remain in full force and effect.

13.5 The paragraph headings are for convenience only and shall not be used in interpreting or construing these Terms and Conditions of Use.

13.6 These Terms and Conditions of Use are not transferable or assignable by either party without the prior written consent of the other party, except that ELECTRUM may assign these Terms and Conditions of Use without your consent if the assignment is to an affiliate or if the assignment is carried out as part of a merger, restructuring, or reorganization, or sale or transfer of all or substantially all of ELECTRUM's assets.

13.7 You agree to comply with all Applicable Laws with respect to your use of the Service.

13.8 You agree that all notices from you to us must be in writing and sent to ELECTRUM's head office in writing by pre-paid postage and all notices from ELECTRUM to you will be displayed on ELECTRUM's website from to time or otherwise sent by email.

13.9 You agree to take such actions as may be reasonably be requested by ELECTRUM for the implementation or continuing performance of these Terms and Conditions of Use.