1. ABOUT CUSP

 

1.1   The Site is provided by CUSP Green Solutions Limited, a limited company registered in England with company number 13579526 and having its registered address at C/O Bcs Windsor House, Station Court, Station Road, Great Shelford, Cambridge, England, CB22 5NE (“ CUSP”, “ we”, “ us” and “ our”).

 

1.2  Please note that we are not regulated by the Financial Conduct Authority, or any other regulator in the United Kingdom or abroad.

 

2. INTERPRETATION

 

2.1  In these Terms, the following words shall have the meanings given to them below:

 

“ Buyer” means a Registered User who uses the Site to make contact with a Seller and then makes a purchase of any Product and/or Service from the relevant Seller;

 

“ Electric Vehicles” means any electric vehicles that are fully battery-operated electric vehicles, plugin hybrid electric vehicles, or fuel cell electric vehicles (but not including pure hybrid vehicles) that may be listed on the Site as being available for a User to purchase from the relevant Seller off-Site

 

“ Information” means opinions, reviews, blogs, articles, analysis, material and other information that we make available on the Site (but which does not include any information or descriptions made available by Sellers);

 

“ Product and/or Service” means Electric Vehicles, and any other products or services that are listed on the Site as being available for a User to purchase from the relevant Seller off-Site;

 

“ Registration” has the meaning given to it in section 5.2 (and the terms Register and Registering shall also be interpreted in the same way);

 

“ Registered Seller” means a Seller which is specified as being a Registered Seller on the Seller’s page on the Site from time to time;

 

“ Registered User” means any User of the site who is Registered with us;

 

“ Rules of Acceptable Use” has the meaning given to it in section 9.6;

 

“ Seller” means any person or entity that advertises Products and/or Services on the Site as being available for sale directly from the Seller;

 

“ Third Party Content” means any content uploaded to the Site by any other User of the Site that is not you;

 

“ Vehicle Licensing Body” means any entity that holds and provides access to vehicle information relating to vehicles that are registered with the Driver and Vehicle Licensing Agency;

 

“ User” means any person or entity who accesses the Site including all Buyers and Sellers (also referred to as “ you” or “ your”); and

 

“ Your Content” has the meaning given in section 10.1.

 

3. HOW TO CONTACT US

 

3.1 You can contact us by:

 

3.1.1 email at contact@cusp.earth;

 

3.1.2 by post at BCSWindsor House, Station Court, Cambridge, CB22 5NE; and

 

3.1.3 phone at +44 1223 849099.

 

 

4. HOW WE WILL CONTACT YOU

 

4.1 We will contact you by (a) sending emails to the email address and/or (b) text messages to the mobile number you provide when creating your account.

 

4.2 As such, you must notify us as soon as possible if any of your details change.

 

5. YOUR ACCOUNT AND PASSWORD

 

5.1 You are required to create an account on the Site to access some of the features on the Site. You can do this at https://cusp-sit.uksouth.cloudapp.azure.com/.

 

5.2 In addition to creating your account on the Site, you will also need to Register with us. To Register with us, we will request you to provide certain information to ensure that you meet the Eligibility Requirements (see section 7 below). Once we have determined in our absolute discretion that you meet the Eligibility Requirements, we will send you an email to confirm that your Registration is complete (“ Registration”). For more information on how we will use your data, please refer to our Privacy Policy at https://cusp.earth/privacy-policy/.

 

5.3 You must provide accurate and complete information when creating your account and Registering and keeping your account information updated. We may suspend or terminate your account and access to the Site if any information provided proves not to be accurate or current.

 

5.4 You are responsible for maintaining the confidentiality of your account details, including your passwords or any other piece of information that forms part of our security procedures. You authorise us to act on instructions received through your account and we will not be responsible for any loss that you might suffer by us acting on those instructions.

 

5.5 You must contact us immediately if you believe that someone else has used your account without your permission or if you believe that the security of your account is otherwise at risk.

 

• You are responsible for all activity under your account even if someone else uses your account.

 

6. ELIGIBILITY

 

6.1 In order to Register on the Site, you need to meet the following criteria:

 

6.1.1 If you are a natural person:

1. you must be at least 18 years old;
2. you must be resident in the UK and have a UK address;
3. you must have a UK mobile number;

 

6.1.2 If you are a corporate User, you must provide your registered office address; and

 

6.1.3 You must meet any other relevant criteria specified by CUSP in these Terms from time to time.

 

(together, referred to as the “ Eligibility Requirements” in these Terms).

 

7. PURCHASING PRODUCTS AND/OR SERVICES

 

7.1 The provisions of this section 7 shall apply where you are making a purchase of any Products and/or Services from the relevant Seller.

 

7.2 In case of “off-site” sale/purchase of Electric Vehicles, when you click the ‘Send Enquiry’ button in respect of any Electric Vehicle that is advertised on the Site, we will request your contact details via an enquiry form and provide these to the Seller of the relevant Electric Vehicle. It will then be the responsibility of the Seller to contact you directly in relation to your enquiry. We have no control over whether or when a Seller will contact you, and we will not be responsible for any loss which you suffer as a result of any failure or delay by a Seller in contacting you.

 

7.3 Unless specified otherwise, no purchases or sales of Electric Vehicles will be concluded on or through the Site. All purchases and sales of Electric Vehicles will take place off-site.

 

7.4 CUSP is not the owner or seller of any Products and/or Services advertised on the Site. All Products and/or Services are made available for sale directly by the relevant Seller. We are not responsible for any Products and/or Services advertised on the Site, and will not be responsible for any loss that you may suffer as a result of purchasing from the Seller a Product and/or Service advertised on the Site.

 

7.5 CUSP has no control over any Products and/or Services advertised on the Site, and CUSP does not make any promises or guarantees in relation to the existence, quality, safety, or compliance with applicable laws of any Products and/or Services advertised on the Site, the truth or accuracy of any representations, information or descriptions given by a Seller, or the ability or willingness of any Seller to sell any Products and/or Services.

 

7.6 You agree and acknowledge that the contract for the sale of any Product and/or Service is made directly between you and the relevant Seller on the terms set out in the applicable written contract between you and the Seller or (if there is no written contract) on the terms agreed verbally between you and the Seller. CUSP is not a party to the contract for the sale of any Product and/or Service and does not participate in any manner in the transaction between the Buyer and the Seller of any Product and/or Service. If you are buying a Product and/or Service from a Seller, you are fully responsible for making sure that you read and understand the terms of sale of the relevant Seller (including any limitations or exclusions of the Seller’s liability) before making any purchase.

 

7.7 We may receive a fee and/or commission from the relevant Seller for any Products and/or Services you purchase from them as a result of your use of the Site.

 

8. WE DO NOT PROVIDE FINANCIAL OR INVESTMENT ADVICE OR SERVICES

 

8.1 We may make available Information on the Site. While we take reasonable care to ensure the Information available on this Site is as accurate as possible, we cannot promise that it will be complete, accurate and up to date. All Information we make available through the Site is subject to change without notice, is solely for informational purposes, and does not constitute advice, consultation, or recommendation about any such Products and/or Services

 

8.2 You should seek appropriate financial advice before purchasing Products and/or Services or taking any action that may impact on your finances.

 

8.3 We make no warranties in relation to the likely results or benefits of your use of the Site.

 

8.4 You will need to use your own independent judgment regarding your review of all information provided on the Site by Sellers relating to Products and/or Services and any other Third Party Content. We will not be responsible for any loss suffered by you arising from your reliance on any information (whether such information is made available by us or Sellers or is other Third Party Content).

 

8.5 CUSP does not recommend or endorse any specific Products and/or Services, or other Third Party Content that may be accessible on the Site.

 

9. YOUR RIGHT TO USE THE SITE

 

9.1 We grant you a limited, non-exclusive, non-transferable license to use the Site for the purpose of accessing the features on the Site. We reserve the right, in our absolute discretion and without notice to you, to terminate your license and to prevent future access by you of the Site.

 

9.2 All intellectual property in the Site (including the screen displays, the content, the text, graphics and look and feel of the Site), belongs to us or our licensors. All trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders’ rights.

 

9.3 We do not warrant that the Site does not infringe any intellectual property rights of third parties.

 

9.4 You may not reproduce, republish, transmit or distribute any material, information, or content on the Site, or that form part of any features available on the Site, without our prior written consent, except in relation to Your Content which may be distributed in accordance with the functions and features made available on the Site.

 

9.5 When using the Site, you must not:

 

9.5.1 circumvent, disable, or otherwise interfere with any security related features of the Site;

 

9.5.2 permit another person to use the Site on your behalf unless such person is authorised by you;

 

9.5.3 use the Site if we have suspended or banned you from using it;

 

9.5.4 use the Site in any way that breaches any applicable local, national, or international law or regulation;

 

9.5.5 upload or share content that:

• • • is pornographic or indecent, or that contains, refers to or promotes acts of violence or terrorist activity, including terror propaganda;
    • is harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
    • violates the privacy or other rights of third parties; or
    • advocates bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment;

 

9.5.6 advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, or conduct that causes damage or injury to any person;

 

9.5.7 modify, interfere with, intercept, disrupt or hack the Site;

 

9.5.8 misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Site or any User of the Site’s own equipment;

 

9.5.9 collect any data from the Site other than in accordance with these Terms; or

 

9.5.10 use any automated system including, without limitation, “robots”, “spiders” or “offline readers” to access the Site in a manner that sends more request messages to the Site than a human can reasonably produce in the same amount of time,

 

(together referred to as the “ Rules of Acceptable Use” in these Terms).

 

9.6 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and may result in us taking any one or more of the following actions (with or without notice):

 

9.6.1 issuing a warning to you;

 

9.6.2 removal of Your Content;

 

9.6.3 immediate, temporary or permanent withdrawal of your right to use the Site and closure of your account;

 

9.6.4 disclosure of any information or records in our possession or control about your use of the Site to law enforcement authorities.

 

9.7 The responses described in section 6 above are not limited and we may take any other action we reasonably deem appropriate.

 

10. CONTENT

 

10.1 When you use the Site, you may upload content and materials, including but not limited to reviews, photos, videos and audio recordings or other material (“ Your Content”). These Terms do not give us any rights to Your Content except for the limited rights that enable us to provide the Site and its features.

 

10.2 You must not upload or share content using the Site unless you have the right to do so (including all appropriate licences and consents in such content).

 

10.3 We are not responsible for Your Content or any Third Party Content accessible on the Site. You will reimburse CUSP on demand for any loss which CUSP suffers in connection with any third-party claim against CUSP relating to Your Content.

 

10.4 CUSP is under no obligation to review or moderate any content or information on the Site but may in its absolute discretion do so and remove any content from the Site if it breaches these Terms or we otherwise consider it to be unlawful.

 

11. NO WARRANTY

 

11.1 We provide the Site on an “AS IS” and “AS AVAILABLE” basis with all faults.

 

11.2 We do not guarantee that the Site will always be available or be uninterrupted.

 

11.3 You agree that your use of the Site is at your own risk.

 

11.4 We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

 

12. YOUR PRIVACY

 

12.1 We need to collect certain personal information from you in order to make available the Site and the features we make available through the Site.

 

12.2 We take privacy seriously and are committed to ensuring your information is handled appropriately. Please read our Privacy Policy at https://cusp.earth/privacy-policy/ to understand how we collect, use and store information about you.

 

13.CANCELLATION BY US

 

13.1 We may suspend or close your account and/or prevent your access to and use of the Site with immediate effect if:

 

13.1.1 you breach, or we suspect you are in breach of, the Rules of Acceptable Use set out in section 5 above;

 

13.1.2 you are in serious breach of any other part of these Terms;

 

13.1.3 you do anything which we reasonably consider may cause us loss or may damage our reputation or the reputation of the Site; or

 

13.1.4 in our reasonable opinion, the security or integrity of the Site has been, or may be, compromised or is otherwise at risk.

 

13.2 We will try to provide you with appropriate notice before we close your account or prevent your access to the Site. However, there may be situations where this is not possible or appropriate.

 

13.3 Without affecting our other rights under these Terms. we reserve the right, in our absolute discretion and upon 30 days’ notice to you, to terminate your access and to prevent future access by you of the Site for any reason or none.

 

14. OUR RESPONSIBILITY TO YOU

 

14.1 We must use reasonable skill and care when making the Site available to you.

 

14.2 CUSP shall only be liable under these Terms for losses which are reasonably foreseeable and caused by CUSP’s breach of these Terms or CUSP’s negligence.

 

14.3 We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

 

14.4 In any event, our maximum aggregate liability to you under these Terms (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall in no circumstances exceed £500.

 

14.5 Nothing in these Terms excludes any statutory rights which may apply to your use of the Site which cannot be excluded, restricted or modified by contract.

 

14.6 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

 

14.7 Although we have taken reasonable care to ensure that the features and functionalities provided on the Site are of a satisfactory standard, certain features may rely on your device or networks and connections that are beyond our control. We shall therefore not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which is caused by events outside our reasonable control.

 

15. UPDATES TO THE SITE

 

15.1 You acknowledge and agree that from time to time we may update the Site and the features of the Site to improve performance, enhance functionality, reflect changes to our business or the features made available on the Site, or address security issues.

 

16. CHANGES TO THESE TERMS

 

16.1 We may change any part of the Terms without telling you beforehand in the following circumstances:

 

16.1.1 to reflect changes in laws and regulatory requirements which apply to CUSP and the features and programs of CUSP where such changes require CUSP to change its terms and conditions in a manner which does not allow us to give reasonable notice to you; and

 

16.1.2 to address an unforeseen and imminent danger related to defending CUSP, Users or the Site from fraud, malware, spam, data breaches or other cybersecurity risks.

 

16.2 We may also make other changes to any part of the Terms, and we will give you reasonable notice of such changes by email or through the Site, and you may contact us to end your agreement with us before the changes take effect. Once any updated Terms are in effect, you will be bound by them if you continue to use the Site.

 

17. VIRUSES

 

While we take reasonable precautions to keep the Site free from viruses, corrupt files and other malicious software, we cannot guarantee this.  We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device.

 

18. THIRD PARTY LINKS

 

The Site may contain links to third party websites or resources. CUSP provides these links and resources only as a convenience and is not responsible for the content, products, or services on or available from those websites or in those resources, the links displayed on such websites or the privacy practices of such websites. We recommend that you read and consider these websites’ privacy policies and terms and conditions before providing any of your personal information.

 

19. COMPLAINTS

 

19.1 If you have a complaint or dispute with us relating to the Site or any of its features, in the first instance, please contact us via contact@cusp.earth and we will attempt to resolve the complaint or dispute informally.

 

19.2 If we are unable to resolve your complaint or dispute with you informally, we will (if you are a consumer) suggest an appropriate consumer focused mediation or arbitration dispute resolution service based on the nature of the complaint or dispute and your location. Whilst you are under no obligation to resolve your complaint or dispute using this service, we would hope that you will use this service as we consider this the most cost effective and appropriate way to resolve complaints and disputes with our Users.

 

19.3 Any person may contact us at contact@cusp.earth to make us aware that any content on the Site may infringe their rights or our Rules of Acceptable Use. Please provide the information described below in the notice of infringement:

 

19.3.1 your name and contact details;

 

19.3.2 a statement explaining in sufficient detail why you consider that the content available on the Site infringes your rights or fails to comply with our Rules of Acceptable Use; and

 

19.3.3 a link to or such other means of identifying the problematic content.

 

19.4 We will take the action that we believe is appropriate depending on the nature of the complaint.

 

20. OTHER IMPORTANT TERMS AND HOW WE HANDLE DISPUTES

 

20.1 There will be a binding agreement between you and CUSP on these Terms (“ our agreement with you”).

 

20.2 If any aspect of our agreement with you is unenforceable, the rest will remain in effect

 

20.3 Your rights and obligations under our agreement with you are personal to you. You shall not be entitled to assign or otherwise transfer any rights or obligations under our agreement with you to any third party without our prior written consent.

 

20.4 We may transfer our rights and obligations under our agreement with you to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under our agreement with you.

 

20.5 Any failure by us to enforce any terms of our agreement with you will not be a waiver of them or limit the right to subsequently enforce any terms of our agreement with you.

 

20.6 If you are a consumer, please note that our agreement with you, its subject matter and formation, is governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any disputes arising from our agreement with you or your use of the Site, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

 

20.7 If you are a business, our agreement with you, its subject matter and formation is governed by English law and English law will apply to (i) any claim that you have arising out of or in connection with our agreement with you or your use of the Site, and (ii) any claim that we have arising out of or in connection with our agreement with you or your use of the Site (including, in both cases non-contractual disputes or claims), without regard to conflict of law provisions. You and we agree that the courts of England and Wales shall have exclusive jurisdiction to resolve any dispute or claim (including non-contractual disputes or claims) which you have or which we have arising out of or in connection with our agreement with you (including its subject matter or formation) or your use of the Site.