City Transformer Car: Pre-Order Terms
1. CITY TRANSFORMER CAR
1.1 These terms (“Terms”) set out the terms on which a person (“You”) reserve the right to purchase a new electric car (the “Car”) to be built on a modular, foldable platform, that is currently being developed by City Transformer Ltd. (the “CT”).
1.2 You can reserve your right to be listed in the Register (as defined below) by paying the Deposit (as defined below) to CT, in accordance with these Terms, and thus receive priority in being one of the first purchasers of the Car in Your area.
1.3 CT is continuing the development and work that it hopes will eventually bring the Car to being commercially available for purchase in the market (such time when the Car is commercially available for purchase in the market is referred to as the time when the Car will be “Available”), but it is still not clear if and when the Car will be made Available.
2. PRE-ORDER REGISTRATION
2.1 CT will maintain a register of potential customers (the “Register”) who intend to buy a Car when it becomes Available in their area. Potential customers listed on the Register will be given priority in their area, at around the time the Car becomes Available in their area, to purchase and receive delivery of a Car on such terms and at the full list price as then determined by CT, on the basis of the order in which they are registered in the Register and subject to availability.
2.2 On receipt of Your deposit as detailed in these Terms, CT will include Your personal details (“Your Details”) in the Register.
2.3 You need to ensure that Your Details, as You provide them to CT, are complete and accurate so that CT can include Your Details on the Register and fulfill its obligations hereunder. You need to update CT in the event that Your Details change with Your updated personal details. You agree for CT to use Your Details in order to contact you, refund your Deposit, if applicable, and as otherwise contemplated herein
2.4 Your purchase and the subsequent delivery of the Car will be subject to You entering into an agreement with CT on such terms and conditions as CT will determine. The payment of Your deposit as detailed in these Terms does not obligate you to enter into such an agreement.
3.1 In consideration of Your paying to CT a deposit in respect of the Car in the sum of US$180 (the “Deposit”), CT will include Your Details in the Register. The amount of the Deposit is the total price required for You to be included in the Register and includes any applicable taxes and processing fees.
3.2 While CT does not intend to use the sums it receives as Deposits (including the Deposit that You pay) for its ordinary business purposes, those sums will not be ring-fenced or afforded special protection and may not be available in the event of your requesting a refund and in any such case, you will not have any claims against CT or remedy with respect to the Deposit.
4.1 CT is currently working and currently intends to continue working towards making the Car Available. As of March 2019, CT intends for the Car to be Available towards 2021.
4.2 However, there is no certainty or assurance as to when, or even if, the Car will become Available. CT gives no warranty or guarantee nor does it in any other way commit to a specific date (if any) on which the Car will be Available or that it will eventually be Available. Your pre-ordering a Car does not impose any legal obligation on CT to design, produce, deliver or otherwise continue with its project in relation to the Car.
4.3 If it becomes clear to CT that the Car will not be Available in line with its intentions detailed in these Terms, or that the Car will never become Available, CT will take reasonable steps to notify You accordingly.
5. CANCELLATION AND REFUND
5.1 Your listing on the Register and the agreement between You and CT as set forth in these Terms will automatically be cancelled with immediate effect if any of the following events occur:
5.1.1 when You enter into an agreement with CT to purchase a Car;
5.1.2 when CT receives from You notice via email at that You no longer wish to be included in the Register and wish to cancel these Terms;
5.1.3 CT emails you that it has cancelled these Terms.
5.2 Subject to Section 3.2, upon cancellation of the agreement between You and CT as set forth in these Terms, CT will either refund the Deposit to You or apply the Deposit to the purchase price of the Car, as applicable.
5.3 When refunding a Deposit, CT will deduct any and all banking and transfer fees in connection with such refund.
5.4 No interest will be added to the Deposit whether applied to the purchase of the Car or whether it is refunded.
6. LIMITATION OF LIABILITY
6.1 By paying the Deposit, You acknowledge that CT makes (and has made) no warranty whatsoever, whether express or implied, with respect to the Car’s design, performance, features, availability, completion or otherwise.
6.2 In the event that CT has any liability to You in connection with these Terms, that liability is expressly limited by these Terms to an amount not exceeding the Deposit paid by You to CT (reduced by the amount of any refund made to You of the Deposit and any banking and transfer fees).
6.3 CT shall not be liable to You for loss of profit, loss of any contract or for any incidental, special, indirect or consequential loss or damage which You may suffer in connection with these Terms.
7.1 By confirming these Terms, You certify that You are at least 18 years of age and You acknowledge that You have read, fully understood, and agree to be bound by these Terms, as they may be amended from time to time. If You do not meet these requirements or, if for any reason, You do not agree with all of the terms and conditions contained in these Terms, please do not agree to these Terms and do not transfer the Deposit.
7.2 If You are using the Service on behalf of a company, entity, or organization (each, an “Entity”) then You represent and warrant that You: (i) are an authorized representative of that Entity with the authority to bind such Entity to these Terms; (ii) have read the Terms; (iii) fully understand these Terms, and (iv) agree to these Terms on behalf of such Entity.
These Terms constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior agreements, representations and understandings of the parties. These Terms shall be governed by and construed in accordance with the laws of the State of Israel. Each of the parties irrevocably submits to the exclusive jurisdiction of the competent court of Tel Aviv-Jaffa district with respect to any action arising out of, or relating to, this Agreement. CT reserves the right to amend any of the terms for any or no reason. CT will notify You (to the email set forth in Your Details) of any material changes and, if You are unhappy with such changes, Your sole and exclusive remedy will be to cancel Your agreement with CT as described in Section 5 above. You cannot assign to any third party Your rights under these Terms.