End User Terms and Conditions
Issued on 06.04.2017
eMobility International AD (“Eldrive”), UIC 203202849, offers the Customer electric vehicle charging services.
These terms and conditions govern the relationship between Eldrive and the driver of the electric vehicle (hereinafter “the Customer” or you) using the Eldrive Mobile Application, the Mobile Application’s Payment Functionality and the Eldrive Customer Portal (hereinafter referred to together as “the Service”). The Mobile Application enables the Customer to review certain information, such as chargers’ locations on a map, relating to charging of electric vehicles. The Mobile Application’s Payment Functionality enables the Customer to pay for the charging of his/her electric vehicle at Eldrive’s electric vehicle charging stations. The Customer Portal enables the registration and account access by the Customer.
These terms and conditions do not apply if they contradict to mandatory provisions of the law. In addition to these terms and conditions the applicable consumer protection legislation shall apply to these conditions. By using the Service you agree to be bound by these terms and conditions. If you do not wish to be bound by these terms and conditions you may not use the Service.
- SUBSCRIBING THE SERVICE
Prior to using the Service you will need to register a personal user account. Registration is necessary in order to be able to use the Service. The Service is subscribed over the Internet. Registration is free of charge. Eldrive reserves the right to freely assess your registration application to use the Service.
Eldrive aims to keep the Service available for the Customer continuously and without interruption but does not guarantee that the Service is available, uninterrupted, timely, or error free.
- DEFINITIONS INCLUDED IN THE TERMS AND CONDITIONS
- “Customer” means a legal or a natural person that is a valid registered user of the Service;
- “Mobile Application” means a web-based portal for mobile devices of Eldrive via which the Services are available after valid registration;
- “Mobile Application’s Payment Functionality means a functionality of the Mobile Application that enables the Customer to pay for electric vehicle charging services provided at Eldrive charging stations by using the Customer’s Visa or Master card in/via the Mobile Application.
- “Personal Data” means all personal data relating to the Customer, including all official names, telephone number as well as the Customer’s resident address and e-mail address.
- “Customer Portal” means a web-based portal which can be used by registered users to manage their account
- „RFID card“ – personal tag for radio-frequency identification.
- CANCELLATION RIGHTS
As far as this does not contradict to the applicable domestic laws the below clauses shall apply:
A Customer may order an RFID card as a supplementary service to enable remote identification and payment process of the Customer at the electric vehicle charging stations. For Customer, who has ordered RFID card, the current End user Terms and Conditions are going to apply by the moment the Customer has registered himself as a subscriber of the Service.
To exercise the cancellation right, the Customer shall notify Eldrive of his cancellation decision. To exercise the cancellation right, the Customer shall identify himself to Eldrive by specifying his name, address, telephone number, e-mail address and the number of the RFID card, if any. . The Customer’s cancellation notification shall include the Customer’s decision to cancel the Service and the order of the RFID card, if any has been ordered. . The Customer shall pay for any Services provided by Eldrive during the cancellation notification period.
The Customer may send the cancellation form or other notice of cancellation to the e-mail address: firstname.lastname@example.org or by post to Sofia city, post code 1000, Sredetz district, 18 Krakra Str., 2nd floor.
- 4. THE PAYMENT FUNCTIONALITY
To receive the right to use the Service, the Customer shall provide Eldrive with his personal data requested in the Service, including but not limited to all official names, a valid telephone number, street address and e-mail address. In addition, the Customer shall select a payment method and register the payment information necessary to create a valid invoicing relationship between Eldrive and the Customer. The Customer provides said information to Eldrive over the Internet.
The Customer’s shall ensure that the user information is always correctly registered in the Service. After registration, the Customer shall log in to the Eldrive`s website to check that the registered information is correct and valid. Eldrive is not responsible for incorrectly registered data, regardless of the registration method.
By selecting the “I accept” alternative on the screen at each charging station or in the Mobile Application’s Payment Functionality before charging the electric vehicle, the Customer accepts that the electricity charging service is initiated and completed and that Eldrive will debit the charging fee, including applicable taxes and service charges.
At the beginning of each session the payment system verifies that your bank card is valid by blocking the amount up to 5 BGN and depending on the issuing bank you can receive a message for debit of your account with this amount. The amount is blocked for a period defined by the respective policy of the issuing bank and does not represent a payment or a fee. The final charging fee is based on the time for charging or the quantity of the electricity charged at the prices at the charging station and published on the web site of Eldrive.
Eldrive is not responsible for any additional fees resulting from the policy of a bank or other financial institution.
The final charging fee, which is based on the time of charging or the amount charged and the predetermined price notified to the Customer before charging, will be calculated once the charging is completed and debited immediately. Charging is finished automatically by the system in accordance with the instructions the Customer has given or when the Customer stops the charging session at any time. Purchase of the charging service is final and non-refundable.
Eldrive`s electric vehicle charging services can only be used at charging stations connected to the Eldrive`s charging network. The chargers are listed on the Eldrive`s website (www.eldrive.eu) and equipped with Eldrive`s markings.
The Visa or Master card details are not saved in the Service and Eldrive`s does not have them in its own database. The Visa or Master card details are processed and stored only by certified service providers. The IT-system used for providing the Service only saves tokens, which are used for communication between the payment services provider and Edlrive. All payment information is secured with cryptographic protocols when sent over the Internet so the information cannot be read in transit by a third party.
- 5. THE CUSTOMER’S OBLIGATIONS AND COMMITMENTS
It is the Customer’s responsibility to ensure that charging of the electric vehicle begins and is finalized correctly. To ensure that the charging session has begun, the Customer shall check the information visible on the charger’s display. Charging begins when the Customer has connected the vehicle to the charging station in accordance with the instructions after identification has occurred. It is the Customer’s responsibility to ensure that the vehicle is compatible with the charging stations and that the vehicle can be charged at the charging station. Charging of the electric vehicle is debited to the Customer’s Visa and Master card. In case the card is expired or the limit is exceeded, than the Customer shall pay to Eldrive remuneration for the charging services within 3 (three) days as of the date of the non-payment event and Eldrive shall be authorized to terminate immediately the provision of the Services without sending any notifications.
Any parking tickets disputes shall be handled directly between the Customer and the relevant police officer, parking company or municipality. Eldrive`s shall remain neutral in these disputes and shall bear no responsibility in relation with such disputes.
It is the Customer’s responsibility to ensure that the registered Visa or Master card is valid, that it has a sufficient balance and that it is not blocked. In the event that crediting is not possible, Eldrive has the right to require payment directly from the Customer and cancel its registration.
It is the Customer’s responsibility to update the Eldrive`s account with information about any new Visa or Master card which is supposed to replace the existing one, as soon as possible after receiving the information, however, not more than 5 (five) days after receiving the information, otherwise Eldrive may close immediately the Customer’s account and start legal procedures in case the Customer has used meanwhile the charging services.
Eldrive has the right to immediately close a Customer’s account if the Customer does not pay the invoice or credit card invoice within 5 (five) days from sending the invoice. In the event of late payment, Eldrive reserves the right to charge interest on late payments, and, if applicable, a collection fee and other charges and expenses that relate to collecting the fees owed to Eldrive by the Customer.
The Customer acknowledges that the Service and all rights thereto are the sole property of Eldrive or its licensors. The Service contains content that is protected by copyright, trademark rights and/or other intellectual property rights. You may not use the Service for any other than personal and non-commercial purposes. Eldrive grants you a limited, non-exclusive, revocable and non-transferable license to use the Service by your mobile device and computer.
- 6. PRICES
Eldrive offers its Customers different kinds of charging services with varying features and prices determined by Eldrive from time to time.
The specific terms and conditions referred to in these terms and conditions may only concern specific charging services.
The prices of the charging services are available at the charging stations and are announced on the website of Eldrive: www.eldrive.eu. Therefore Eldrive considers its customers informed regarding the prices for the charging services and is not liable in case that the physical actualization of the prices on the charging stations has been temporary delayed due to objective reasons. The service price may also be Customer-specific and adapted in compliance with the type of the Charging station. The service price, applied for a single charging station might differ according to the technical specifications of the different vehicles and the respective time, required for their charging.
The currently valid price list is available on the website www.eldrive.eu. Eldrive reserves the right to change the applicable prices from time to time. Any changes will be published on the website www.eldrive.eu in advance; however, at least 5 (five) days before their entry into force. The prices only apply to Eldrive`s charging stations located in Republic of Bulgaria.
- 7. GENERAL TERMS AND CONDITIONS
Information on the Customer’s purchase transactions is visible in near real time on their Eldrive`s accounts, which may be viewed on the website www.eldrive.eu. The period-specific reports of the account may be read and printed at any time. Eldrive and the technical providers of the Service may retain the charging information for as long as it is necessary to comply with their legal and contractual obligations.
7.1 Responsibility for the personal password
When the Customer registers to the Service, they need to define a user name and password. The user name and password are used to log in and gain access to the personal website at www.eldrive.eu. The Customer is, for his/her part, responsible for keeping the password secure, for not writing the password down so that third parties could understand what the password is used for, and for not using the password in a way that allows others to gain access to the information.
The Customer shall immediately notify the customer service of Eldrive (tel. +359 2 419 3476) if there is any reason to believe that unauthorized persons may have gained access to or knowledge of the password.
7.2 Unauthorized use of the Service
The Customer is responsible for any unauthorized use of the Service under their control. The Customer shall immediately or as soon as possible notify Eldrive if they believe that their account has been used by an unauthorized person or in an unauthorized manner. The best way to minimize any costs incurred by such misuse is to call our customer service (tel. +359 2 419 3476) as soon as possible.
If the Eldrive RFID card is lost or stolen, the Customer shall immediately contact the customer service of Eldrive, (tel. +359 2 419 3476). If the Customer does not give notification of the loss or theft of the Eldrive`s RFID card immediately, the Customer shall be held fully responsible for any recorded charging transactions.
In any case of valid notification for unauthorized use of the Service by the Customer to Eldrive, Eldrive shall make its best endeavors to block the RFID card within half an hour. In any case until the expiry of the term under the previous sentence, the Customer shall be responsible for any use of its RFID card.
Eldrive is not responsible for unauthorised usage of the Customer log in data and Customer Visa or Master card, unless the Customer has notified Eldrive and has accordingly identified himself.
7.3 Complaints and investigation of transactions using Eldrive`s Service
A Customer wishing to submit a complaint shall notify Eldrive within 24 hours of the date on which the purchase transaction in question became available on their online account on www.eldrive.eu . The complaint shall contain a clear specification of the type of the error that occurred. If the specification of the error is not detailed enough, the Customer will lose his/her right to invoke the error, unless mandatory legislation sets out otherwise. When a Customer submits a complaint, Eldrive may carry out a technical review of the contested charging transaction.
Complaints regarding incorrect charging costs are processed and determined by Eldrive. If a complaint is accepted, Eldrive shall compensate the Customer for the amount within 20 (twenty) days. If the complaint is rejected, Eldrive shall inform the Customer of the result of the review of the complaint.
7.4 Changes to the Services or terms and conditions
Eldrive reserves the right to modify these terms and conditions and / or the functionalities of the Eldrive system in order to adapt to or adopt new technologies, functionalities, appropriate technical or administrative procedures, or new procedures for information security. Further, these terms and conditions and the functionalities of the system may be changed anytime.
7.5 Termination of subscription
The Customer may terminate the usage of the Service with one 7 (seven) days’ period of notice. Said termination right can be exercised by (i) sending the notice of termination by e-mail to email@example.com or (ii) by sending the notice via courier to the headquarters of Eldrive.
7.6 Eldrive`s termination rights
Eldrive has the right to terminate the usage of the Service if, having received a notice, the Customer has not within a reasonable period but not more than 3 (three) days remedied the breach of these End-user Terms and Conditions in the following cases: (i) the Customer does not meet his/her payment obligations, (ii) the Customer uses the Service in breach of these End-user Terms and Conditions , (iii) Eldrive has cause to suspect that the Service is being misused. Eldrive has the right to terminate the usage of the Service for convenience with 15 (fifteen) days period of notice.
- 8. PROCESSING OF PERSONAL DATA
Eldrive ensures strict confidence and appropriate care are observed in the processing of personal data. Eldrive complies with national legislation concerning the collection and use of Customer personal data. The Personal data protection law regulates the processing of personal data, and applies to the activities of Eldrive. Personal data, such as names and addresses provided to Eldrive, are processed both manually and by computer. Customers’ information will be saved in the customer register of Eldrive. The information contained in the register will be used for purposes such as the management and development of the customer relationship. To exercise his/her rights under the Personal data protection law (for example to review information concerning the Customer, to have erroneous personal data rectified, or to forbid the use of the information for direct marketing purposes), the Customer may contact Eldrive. Personal data provided to Eldrive will be processed for the purpose of providing the services to the Customer under these End-user Terms and Conditions, and to develop the Service. Eldrive discloses personal data, for example, names, e-mail addresses and/or postal addresses to external parties that manage the contractual obligations of Eldrive related to the Service on behalf of it, such as to service providers, payment services providers and credit card companies. Some of the information provided may be exported to Eldrive’s business partners in other countries, both within and outside the EU. Please do not hesitate to contact us if you have any questions about our processing of personal data. The address is Sofia city, post code 1000, “Sredetz” district, 18 “Krakra” Str., 2nd floor.
- 9. LIABILITY AND LIMITATION OF LIABILITY OF ELDRIVE
Eldrive is not responsible for damage or loss if: (i) the customer’s device, data transmission network or related functions are not working, (ii) the Service has been suspended for reasons, which later prove to be incorrect, but Eldrive had, at the time of suspension, reason to believe that there were grounds for action, (iii) Eldrive RFID card is lost or stolen and misused by another person and other events envisaged in the present End-user Terms and Conditions.
Eldrive is not responsible for the Customer parking his/her vehicle in accordance with the law and/or regulations laid down by a third party, a private parking company or a municipality.
Eldrive is not responsible for damage or loss caused by a legal provision, official action, war, sabotage, failure or delay in delivery, data connections or other data traffic and communications connections, strike, boycott, or other similar circumstances beyond the control of Eldrive. The provision regarding strike, boycott and blockade also applies if Eldrive is the subject of the said actions.
Any breach of the present End Users Terms and conditions that occurs in circumstances different from Eldrive`s willful misconduct will not be compensated by Eldrive. Eldrive is not responsible in relation to the Customer for damages, losses of income and / or damages to the relationship between the Customer and third parties and never in excess of what the Customer is entitled to under mandatory legislation.
- 10. DISPUTES
The Customer has the right to take any disputes arising between the Customer and Eldrive to be settled by the competent court in Sofia city in compliance with the applicable and valid legislation within the territory of Republic of Bulgaria.